Appellate

  • November 03, 2026

    Florida Justice Holds Seat Amid Calls For Removal

    Justice Carlos Muñiz held his seat on the Florida Supreme Court in his second merit retention election on Tuesday, despite calls by editorial boards around the state to push him off the bench. 

  • November 03, 2026

    W.Va. Coal Mine Opponents Defend Permit Vacatur At 4th Circ.

    Environmental groups told the Fourth Circuit that a West Virginia federal judge was right to scrap a Clean Water Act permit that allowed Republic Energy LLC to bury 20,000 feet of valley streams with fill from surface coal mining.

  • November 03, 2026

    En Banc 9th Circ. Kiboshes Election Threat Order Against DOJ

    New litigation brought by unions and civil rights groups seeking to stop the U.S. Department of Justice from threatening election workers whipsawed through the Ninth Circuit at lightning speed Tuesday, with a split en banc Ninth Circuit panel eventually finding that the DOJ's actions don't merit a temporary restraining order.

  • November 03, 2026

    Chanel Keeps $4M Win Against Luxury Reseller At 2nd Circ.

    The Second Circuit on Tuesday upheld a New York federal jury's verdict ordering a luxury reseller to pay Chanel Inc. $4 million for selling unauthorized handbags, but vacated as "premature" the trial court's award of more than $560,000 in litigation expenses to Chanel.

  • November 03, 2026

    Fed. Circ. Unsure How Judge Messed Up Drug Patent Ruling

    The Federal Circuit didn't seem all too convinced Tuesday morning that a lower court committed an error in finding that healthcare company Fresenius Kabi USA had failed to prove that a pair of Heron Therapeutics patents covering a nausea drug were invalid.

  • November 03, 2026

    2nd Circ. OKs 2-Year Term For Counterfeiter Of Luxury Goods

    The Second Circuit on Tuesday affirmed a two-year prison sentence for a New York woman convicted of trafficking counterfeit luxury goods, rejecting her argument that a congressional directive favoring noncustodial sentences for certain first-time offenders required a different result.

  • November 03, 2026

    Ex-Hospital Worker Can't Get Out Of Bias Settlement

    A Michigan federal judge has ordered a former William Beaumont Hospital employee to honor a settlement resolving her pregnancy discrimination lawsuit, rejecting her attempts to narrow the agreement to exclude potential medical malpractice claims involving her minor child and allowing her attorneys to withdraw amid a breakdown in their relationship.

  • November 03, 2026

    Ga. Power Can't Apply New Tort Law In Exposure Suit

    A Georgia appellate panel on Tuesday rejected Georgia Power Co.'s bid to apportion fault to companies that settled out of an asbestos exposure lawsuit as well as its bid to escape the case, finding that disputes over the utility's knowledge of asbestos hazards prevent it from obtaining summary judgment.

  • November 03, 2026

    9th Circ. Backtracks On Venezuela TPS Reinstatement

    The Ninth Circuit reversed course Tuesday, granting the Trump administration's request for an administrative stay temporarily pausing a district court order that reinstated Temporary Protected Status for Venezuela, after originally denying the government's request.

  • November 03, 2026

    Synagogue Killer's Appeal Argues Limits Of Hate-Crime Law

    A Third Circuit panel examined Tree of Life synagogue shooter Robert Bowers' appeal of his death sentence Tuesday, focusing partly on his assertion that the Thirteenth Amendment didn't authorize a federal hate-crimes law to include protections for religions.

  • November 03, 2026

    Group Wants DC Golf Course Work Halt To Remain In Place

    A preservation group on Tuesday urged a D.C. federal court to maintain an order blocking further tree removals at the East Potomac Golf Course, arguing the government failed to identify any error the judge made when issuing the directive.

  • November 03, 2026

    Ill. Panel Upholds Felony Conviction Gun Ban

    An Illinois state appeals court has found that a handgun recovered by police during a traffic stop could be used to convict a man for unlawful possession of a firearm by someone with a prior felony conviction, and that the state law invoked to convict him on the gun charge did not violate his constitutional rights.

  • November 03, 2026

    2nd Circ. Revives SS&C Trade Secret Suit Against Arcesium

    Financial software company SS&C can pursue its suit alleging fintech firm Arcesium misappropriated trade secrets from its software program, Geneva, to build a rival product, Trinity, the Second Circuit ruled Tuesday.

  • November 03, 2026

    Meta Can't Send Texas Sex Trafficking Case To Calif.

    Meta Platforms Inc. can't get a sex trafficking case against it dismissed to be refiled in California court, a Texas appeals court ruled on Tuesday, finding the social media company waived its forum-selection clause by taking the case to Texas's highest court.

  • November 03, 2026

    Calif. Justices Unsure If 'Headless' PAGA Claims Are OK

    The California Supreme Court did not appear to fully indicate which way it was leaning Tuesday in a case dealing with whether workers can bring what are known as headless claims under the state's Private Attorneys General Act, meaning claims only on behalf of other workers and not themselves.

  • November 03, 2026

    10M Walmart, EBay Users Included In Certified Amazon Class

    An order unsealed Monday gives a number and lays out criteria for the class of millions of consumers certified last month in a Washington federal court lawsuit accusing Amazon of creating an artificial, anticompetitive pricing floor for goods sold on other platforms and not just on its own.

  • November 03, 2026

    Justices To Hear Apple App Store Contempt Case In January

    The U.S. Supreme Court has scheduled an argument on Jan. 11 for Apple's challenge to a contempt order issued for allegedly trying to use high commissions to prevent app developers from steering users to outside payment methods in a case brought by Epic Games.

  • November 03, 2026

    Michigan Appeals Court Affirms Cold Case Conviction

    The Michigan Court of Appeals agreed with convicted murderer Douglas Michael Laming's claim that his counsel in a 2024 trial was ineffective for failing to request jury instructions regarding accomplice testimony, but affirmed his conviction, ruling that the oversight was unlikely to have altered the trial's outcome.

  • November 03, 2026

    IRS Asks 11th Circ. To Back Denial Of $27M Easement Claim

    The U.S. Tax Court properly dismissed a partnership's bid to challenge the IRS' denial of a $27 million tax deduction for a Georgia conservation easement donation, the agency told the Eleventh Circuit, saying the partnership's petitions were filed late and the statutory deadline isn't flexible.

  • November 03, 2026

    11th Circ. Asked To Revive Suit Over $135M Rabbinical Award

    The son of a Panamanian bank founder asked the Eleventh Circuit on Tuesday to reverse an order dismissing an attempt to confirm a $135 million arbitral award in a dispute with his brother over an inheritance, arguing that the case, which was arbitrated in Miami, has enough ties to Florida.

  • November 03, 2026

    DA Willis Pushes For Role In Trump Election Case Fee Fight

    Fulton County District Attorney Fani Willis has urged the Georgia Court of Appeals to overturn an order blocking her from intervening in a $16 million legal fee bid from President Donald Trump and other former defendants in a dismissed election interference case, arguing that the trial court abused its discretion.

  • November 03, 2026

    11th Circ. Hints Ga. Tech Auditors Are Wrong Targets Of Suit

    The Eleventh Circuit seemed reluctant Tuesday to reinstate a malicious prosecution case from a former Georgia Tech professor who was accused but not convicted of selling off microchips the school paid for, suggesting the auditors he'd gone after weren't the right targets for his suit.

  • November 03, 2026

    9th Circ. Told Apple Stock Awards Belong In OT Pay

    Hourly Apple workers have asked the Ninth Circuit to revive their claims that the tech giant underpaid them for overtime by excluding the value of company stock they received, arguing that a lower court wrongly allowed Apple to exclude the stock awards from overtime calculations.

  • November 03, 2026

    11th Circ. Revives Payment Bid For Military Paint Facility Work

    The Eleventh Circuit revived a subcontractor's bid for full payment under a U.S. Army Corps of Engineers contract to construct a facility for vehicle paint preparation, ruling that a Georgia federal court erred in finding the subcontractor sued too late.

  • November 03, 2026

    Indiana Targeted Unionized Teachers' Speech, 7th Circ. Says

    The Seventh Circuit upheld a federal judge's decision to block two Indiana state laws changing how teachers authorize unions to receive a portion of their wages, finding that the laws violated the First Amendment by specifically targeting teachers who wanted to join a union and pay dues.

Expert Analysis

  • SEC's Insider Trading Duty Rule May Face Loper Bright Test

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    In U.S. v. Jennings, pending in New Jersey federal court, the defense has an opportunity to challenge the rule defining the boundaries of the misappropriation theory of insider trading under Loper Bright, as the only litigated case testing the rule's limits relied on Chevron deference, say attorneys at O'Melveny.

  • What's At Stake As Justices Rethink Sentencing Commentary

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    Tuesday’s oral arguments before the U.S. Supreme Court in Beaird v. U.S. highlighted the tension between preserving sentencing consistency and limiting the authority of sentencing guidelines commentary, and a decision favoring the latter could significantly reduce sentencing exposure for white collar defendants, say attorneys at Baker Donelson.

  • Bankruptcy Deadlines, Concessions Can Decide Lien Priority

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    The Fifth Circuit's recent decision in Adler v. Energy Debt Holdings warns buyers of secured claims to watch for binding concessions in earlier proceedings and court-imposed lien challenge deadlines, says Jennifer Maleski at Dilworth Paxson.

  • What Lawyers Should Know Before Accepting Crypto Payment

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    As clients increasingly request to pay legal fees, retainers and escrow funds using cryptocurrency, lawyers should consider how only a handful of state bar authorities have addressed the issue with varying ethics opinions, as well as the related questions that no authority has yet answered, says attorney Felix Shipkevich.

  • Battles Over Murky Mineral Rights Stymie Pa. Energy Projects

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    Legal wrangling over a recently passed Pennsylvania law could affect billions of dollars of mineral royalty payments, the status of subsurface property rights in the state and the ability of the Legislature to pass retroactive legislation that affects those rights, say attorneys at Flaster Greenberg.

  • Mo. Official's Indictment Tests Limits Of Federal Bribery Laws

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    The recent bribery charges filed against a Missouri county executive raise questions about whether field-clearing conversations and job offers between rival candidates can rise to the level of illegal quid pro quos, potentially muddying the line between politics as usual and the federal bribery statutes, say attorneys at ArentFox Schiff.

  • Fighting Class Cert. In Wash. False Email Promo Cases

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    Retailers facing a recent wave of class actions alleging their email promotions violated the Washington Commercial Electronic Mail Act may be able to demonstrate that sending individualized, customer-specific messages produced experiences too diverse to be adjudicated on a classwide basis, say attorneys at Benesch.

  • Calif. Decision Shows Limits Of Self-Serving Testimony

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    A California appellate court's recent opinion in a dispute between two home renovation partners is a reminder that where there are admissions or undisputed documentary evidence, litigants need more than self-serving testimony to overcome summary judgment, says Tyler Palmer at Tucker Ellis.

  • Where The 3 Prediction Market Appellate Rulings Diverge

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    Although the recent Third, Sixth and Ninth Circuit opinions concerning prediction markets overlap on some issues, they differ on key statutory questions, deepening a circuit split over both the classification of sports event contracts and the scope of federal preemption, says Levi Giovanetto at Sheppard.

  • Health Plan Takeaways After 2nd Circ. No Surprises Act Ruling

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    While the Second Circuit's recent ruling in East Coast Advanced Plastic Surgery v. Cigna gives health plans breathing room in finding that healthcare providers cannot enforce out-of-network billing dispute resolution awards in court, sponsors should not assume that declining to pay awards will go unaddressed by regulators, say attorneys at Thompson Hine.

  • 8th Circ. Ruling Limits Receiver Insurance Recovery Rights

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    The Eighth Circuit's recent ruling in King v. Texas Insurance illustrates a practical limit on receivership powers: A receiver may marshal insurance proceeds belonging to the estate but cannot expand the insured's contractual rights or make policy proceeds collectible unless the coverage triggers are satisfied, say attorneys at Kutak Rock.

  • Series

    Mentalism Makes Me A Better Lawyer

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    Convincing strangers I can read their minds may seem like an unusual second career for a legal practitioner, but both disciplines share several important requirements, including trust and preparation, says Warren Biro at Manatt.

  • Perspectives

    Illinois Should Vacate Convictions Tainted By Racist Counsel

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    After the Illinois Supreme Court’s recent suspension of a public defender’s law license over racist online threats, prosecutors should move to vacate the convictions of every Black client he represented, as an attorney’s racial animus is a serious conflict of interest akin to structural error, says Adam Murphy at Fordham Law.

  • W.Va. Case Could Be An Existential Threat To Citizen Suits

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    Environmental citizen suits supplement enforcement by federal agencies that can't be in all places at all times — but litigants in a West Virginia federal court are arguing that such suits are unconstitutional, and those arguments could gain ground in the current legal landscape, says David Romine at Langsam Stevens.

  • Why And How To Build A Neurodiversity-Informed Practice

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    By better understanding neurodiversity and implementing simple accommodations for clients with autism, ADHD or learning differences, attorneys can build stronger relationships with those who may otherwise struggle to obtain and benefit from legal services, while developing good habits that will benefit everyone they represent, says Ting Cheung at Sanford Heisler.

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