Appellate

  • October 28, 2026

    Ga. University System On Hook For $3M In Child Death Suit

    The Georgia Court of Appeals on Wednesday ruled that the parents of a child who allegedly died due to negligent cancer treatment at a state-owned hospital are owed $3 million rather than $2 million under a Georgia law that caps damages for public entities.

  • October 28, 2026

    Abbott Scores Freeze On State Rep's Access To Musk Emails

    A Texas appellate court froze a lower court's order giving state Rep. Gina Hinojosa access to unredacted correspondence between Gov. Greg Abbott's office and the sometime trillionaire Elon Musk.

  • October 28, 2026

    Patients Tell Colo. Justices Hospital Defied Gender Care Order

    Transgender youth patients of Children's Hospital Colorado are challenging a judge's discharge of their contempt citation against the hospital for not resuming the provision of medical gender-affirming care to them, urging Colorado's justices to decide whether the hospital complied with an injunction prohibiting it from refusing to provide the care.

  • October 28, 2026

    Shipbuilder Must Face Bridge Wreck Suit In US, 3rd Circ. Told

    The Dali cargo ship's owner and manager told the Third Circuit on Wednesday that a Pennsylvania federal judge improperly tossed their lawsuit alleging South Korean shipbuilder HD Hyundai Heavy Industries Co. Ltd. designed and built a "fatally flawed" ship that subsequently slammed into Baltimore's Francis Scott Key Bridge.

  • October 28, 2026

    'Lessons Learned': 9th Circ. Judge Doubts Uber Clawback Bid

    A Ninth Circuit judge doubted Uber's request Wednesday to claw back 42 documents inadvertently produced in sexual assault multidistrict litigation during its attorney-client privilege rereview, telling counsel, "At a certain point, we have to say stop, put your pencils down," and asking why this shouldn't be "an example of lessons learned."

  • October 28, 2026

    Full 4th Circ. Won't Rehear Boeing Investor Class Ruling

    The Fourth Circuit on Wednesday denied a request from Boeing investors for the full court to rehear a panel's decision overturning class certification in a suit against the aerospace company over its alleged concealment of safety issues with its 737 Max fleet.

  • October 28, 2026

    Ex-Chemical Co. Owner Fights $69.2M Trade Secrets Award

    The former owner of a chemical manufacturer and his nephews urged the Delaware Supreme Court on Wednesday to overturn a nearly $69.2 million trade secrets judgment, arguing the award rests on an inflated estimate of what it would cost to recreate stolen formulas, while buyer Arxada insisted the defendants should not profit from taking them.

  • October 28, 2026

    4th Circ. Judge Sees 'Big Brother' In Va. Social Media Limits

    A Fourth Circuit judge Wednesday expressed concern with a Virginia law limiting children's access to social media, telling counsel for the commonwealth that the provision has a "Big Brother atmosphere" to it and suggesting he'd back the district court's injunction halting enforcement of the regulation.

  • October 28, 2026

    4th Circ. Judge Doubts DOJ Can Be Kicked From FCA Suit

    A Fourth Circuit judge appeared unconvinced Wednesday by an attorney's claim that the U.S. Department of Justice should have been disqualified from representing the federal government in a whistleblower suit brought by a man incarcerated for defrauding the U.S. Department of Defense.

  • October 28, 2026

    9th Circ. Open To Decertifying BofA COVID Fee-Relief Class

    A Ninth Circuit panel appeared open Wednesday to decertifying a class of Bank of America account holders who allege the bank abruptly ended a COVID-19 fee-relief program without notice, with all three judges criticizing the class definition for being overly broad, and two judges suggesting individualized issues predominate.

  • October 28, 2026

    9th Circ. Judge Calls Out Whole Foods For Standing Flip-Flop

    A Ninth Circuit judge confronted Whole Foods on Wednesday for reversing its position in a proposed class action alleging failure to include wage information in job listings, pressing its counsel on why an appellate panel should accept its new standing argument and let the case proceed in federal court instead of Washington state court.

  • October 28, 2026

    Satellite Co. Asks Fla. Court To End $15M Finder's Fee Suit

    A satellite technology company asked a Florida state court on Wednesday to once and for all end a lawsuit alleging it owes $15 million in finder's fees for help with sourcing funders, arguing the complaint was already considered and rejected by federal courts. 

  • October 28, 2026

    7th Circ. Takes Up Ill. Ban On Firearm Silencers

    A Seventh Circuit panel questioned Wednesday whether firearm silencers should be considered part of a constitutionally protected weapon or are merely optional accessories, as gun owners seeking to overturn Illinois' ban argued the devices improve firearms' functionality and protect users from hearing damage.

  • October 28, 2026

    Sportsbooks Say DC Law Bars Bettor Loss Recovery

    Sportsbook operators are urging the D.C. Circuit not to revive a lawsuit challenging the legality of their operations there, arguing the city expressly excluded licensed sports wagering from the statute being invoked to recover losses for bettors.

  • October 28, 2026

    Electronics Maker Says $48.5M Tax Suit Wrongly Tossed

    Electronics manufacturer Flex Ltd. urged the Delaware Supreme Court on Wednesday to revive its bid for a $48.5 million tax distribution from its Nextracker Inc. spinoff, arguing the companies' agreements entitled it to the money, while Nextracker maintained Flex had agreed to bear the tax costs.

  • October 28, 2026

    Versata Wants Ford To Pay Interest Atop Restored $82M Award

    Versata Software Inc. wants a Michigan federal court to tack on at least $37.7 million to a reinstated $82.3 million contract award against Ford Motor Co. and said the court should finalize that win while both sides prepare for a new trade secret damages trial.

  • October 28, 2026

    Fla. Appeals Court Says Porsche Must Face $300M Suit

    A Florida state appeals court Wednesday affirmed a ruling that German automaker Porsche AG must face a $300 million lawsuit brought by The Collection LLC, a Miami luxury car dealership accusing the carmaker of strong-arm tactics by withholding inventory over a disagreement to build a new facility.

  • October 28, 2026

    Split Ohio High Court Says Stalking Defendant Skipped Step

    The Ohio Supreme Court on Wednesday ruled that a pro se litigant who was the subject of a civil stalking protection order failed to correctly preserve his objections to the order, meaning a state appeals court is not required to consider them.

  • October 28, 2026

    Full Fed. Circ. Won't Eye Network IP Ruling In Amazon's Favor

    The full Federal Circuit on Wednesday declined to take up a split panel ruling that let Amazon escape infringement claims stemming from a network patent held by AlterWAN Inc.

  • October 28, 2026

    NJ Municipal Judge Admonished Over Palestinian Attire

    A New Jersey municipal judge was admonished Wednesday by the state supreme court after he admitted his decision to wear pro-Palestine clothing to a judicial training conference fell short of the standards and expectations of his position.

  • October 28, 2026

    6th Circ. Won't Hear Fear-Based Claim Outside Removal Order

    The Sixth Circuit said it lacked jurisdiction to review the denial of a Honduran national's bid to avoid being sent back to Honduras for fear of persecution because he did not directly challenge his final removal order, overturning prior circuit precedent.

  • October 28, 2026

    Celgene Defends Dismissal Of Cancer Drug Antitrust Suit

    Bristol-Myers Squibb Co. and its subsidiary Celgene Corp. urged the Second Circuit to uphold the dismissal of health plans' proposed antitrust class action alleging that the drugmaker fraudulently obtained patents for the cancer drug Pomalyst, saying it properly disclosed materials to the patent office and filed valid patent infringement lawsuits against generic-drug makers. 

  • October 28, 2026

    Wood Smith Beats Suit Over Nixed Atty Defamation Claims

    Wood Smith Henning & Berman LLP has escaped a malpractice suit stemming from an allegedly improperly drafted settlement agreement in an employment dispute, with a California appeals court finding that the agreement did not shield an opposing attorney from an ex-Wood Smith client's defamation claims.

  • October 28, 2026

    4th Circ. Judge Wary Of NC Abortion Drug Law Challenge

    A Fourth Circuit judge on Wednesday sharply questioned the attorney for a physician challenging North Carolina restrictions on the abortion medication mifepristone, citing case law he said treats federal rules as a "floor and not a ceiling" on what states can require.

  • October 28, 2026

    5th Circ. Backs Liberty Mutual Unit In Pileup Coverage Dispute

    A Liberty Mutual unit owes no coverage to contractors for a Texas interstate construction project who are facing lawsuits over a fatal 130-vehicle pileup caused by a historic winter storm, the Fifth Circuit said, finding that the suits did not allege bodily injury arising out of the contractors' work.

Expert Analysis

  • 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.

  • Series

    Illinois Banking Brief: All The Notable Legal Updates In Q3

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    Recent banking developments in Illinois include significant new consumer protection legislation, three meaningful Seventh Circuit decisions, and a high-profile constitutional challenge to the state's new digital asset tax, say attorneys at Barnes & Thornburg.

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