Appellate

  • October 21, 2026

    5th Circ. Finds Afghan Educator Didn't Show Torture Risk

    A split Fifth Circuit let stand deportation orders for a former Afghan education official beaten by the Taliban after he protested the closure of girls' schools, finding the evidence did not support he would likely face torture if he returned.

  • October 21, 2026

    Fla. Court Refers Atty To Bar Over Pro Se-Like Filings

    A Florida appeals court on Wednesday referred a divorce attorney to the Florida Bar for filings with AI-hallucinated quotations and motion practice that the judges said they "typically see from vexatious pro se litigants."

  • October 21, 2026

    Amarin Ends 'Skinny Label' Patent Case Against Hikma

    Amarin Pharma Inc. is dropping its patent suit over Hikma Pharmaceuticals USA Inc.'s generic version of a heart drug that uses a so-called skinny label, months after the U.S. Supreme Court shut the case down.

  • October 21, 2026

    9th Circ. Confused By San Jose's Firefighter OT Math

    A Ninth Circuit panel on Wednesday appeared skeptical of an argument by the City of San Jose, California, that a lower court miscalculated the overtime pay owed to firefighters, but the judges also said they were "struggling with" the firefighters' argument.

  • October 21, 2026

    Pa. Panel Sets 3-Year Limit On Minimum Wage Claims

    A split Pennsylvania appeals court panel ruled Wednesday that workers have three years, not six, to sue for unpaid wages under the state's minimum wage law, siding with a pharmacy accused of shorting 20 employees on overtime pay.

  • October 21, 2026

    Italian Winery Asks Justices To Revive TM Victory

    An Italian winery has urged the U.S. Supreme Court to restore a trademark infringement ruling it won in New York federal court that was later overturned by the Second Circuit, saying the circuit had misapplied the justices' guidance for finding trademark preclusion.

  • October 21, 2026

    High Court Lets Block On Prison Gender Care Ban Stand

    The U.S. Supreme Court on Wednesday allowed federal prisons to continue to offer gender transition medical services to incarcerated people.

  • October 20, 2026

    11th Circ. Upholds Producer's Financing Scheme Conviction

    The Eleventh Circuit on Tuesday refused to disturb the conviction and sentencing of a producer accused of stealing $68.7 million from film and theater investors and producers, ruling that the producer hasn't shown that the district court made any mistakes.

  • October 20, 2026

    'Petulant' Attorney Behavior Requires New Trial, 5th Circ. Says

    The Fifth Circuit ordered a new trial Friday for a woman who was halted while speaking at a Louisiana local council meeting, saying defense lawyers for two council members threw "a skunk into the jury box" with a bevy of improper maneuvers.

  • October 20, 2026

    Kagan: High Court 'Blinded Itself' To Election Ruling Effects

    U.S. Supreme Court Justice Elena Kagan criticized her conservative colleagues' approach to deciding election law cases Tuesday, saying they often rule without considering the real-world consequences of their decisions. 

  • October 20, 2026

    Mariah Carey Defeats Brother's $20M Memoir Defamation Suit

    A New York judge has thrown out Mariah Carey's brother's $20 million defamation suit claiming his sister defamed him in her 2020 memoir, "The Meaning of Mariah Carey," ruling that he hasn't adequately alleged she knowingly or recklessly made false statements about him.

  • October 20, 2026

    Meta Wins Stay Of Wash. Ad Case Amid High Court Cert. Bid

    A Washington state judge on Tuesday granted Meta Platforms Inc.'s request to pause a permanent injunction requiring "full compliance" with a state political advertising disclosure law, agreeing to put the requirement on hold while the company asks the U.S. Supreme Court to review the law's constitutionality.

  • October 20, 2026

    Zimbabwe Says $441M Award Suit Deserves More Attention

    Zimbabwe is fighting European investors' efforts to summarily affirm a ruling enforcing some $441 million in arbitral awards they won after their land was seized under a controversial land reform program, telling the D.C. Circuit the case is not that simple.

  • October 20, 2026

    Colo. Justices Mull Criminal Trial Court's Restitution Authority

    Colorado's justices appeared hesitant Tuesday to limit a trial court's ability to impose restitution in cases where prosecutors fail to make a diligent effort to bring restitution information to sentencing, but pressed the state on what ruling would make victims whole and incentivize prosecutors to meet statutory deadlines.

  • October 20, 2026

    Florida Board Must Testify In Book Ban Suit, 11th Circ. Says

    A split Eleventh Circuit panel held Monday that current and former Florida school board members cannot invoke legislative privilege to avoid testifying about why they removed specific library books, finding that the privilege protects their adoption of book removal policies but not the decisions applying those policies to particular titles.

  • October 20, 2026

    Texas Appeals Court Skeptical Uri Interference Claims Viable

    A Texas appeals court on Tuesday sounded dubious of a claim brought by energy consumers alleging that dozens of companies involved in the natural gas industry tortiously interfered with their electricity contracts by decreasing natural gas output during a deadly winter storm.

  • October 20, 2026

    Catholic Scholars, Ex-Nat'l Security Officials Back Anthropic

    Former CIA Director Leon Panetta, ex-national security officials and Catholic theologians on Tuesday all urged the full D.C. Circuit to rehear Anthropic's challenge to the Trump administration's decision to designate the company a supply chain risk, claiming that the company's position strengthens the U.S. government's global edge in artificial intelligence and conforms with Catholic teaching.

  • October 20, 2026

    11th Circ. Rejects Ex-3M Worker's COVID Vax Refusal Suit

    The Eleventh Circuit on Tuesday declined to revive a Title VII religious discrimination suit by a former 3M healthcare business division employee who was terminated after refusing to get vaccinated against COVID-19 because of her beliefs, finding that her own statements show that there's no conflict between her beliefs and 3M's policy. 

  • October 20, 2026

    GOP States Back Trump Bid To Limit Immigrant Habeas

    Iowa and 21 other Republican-led states urged the U.S. Supreme Court on Tuesday to grant the Trump administration's petition to review whether district courts have authority over habeas petitions from noncitizens challenging their detention.

  • October 20, 2026

    Mich. Pharmacist Tells 6th Circ. Feds Silenced Key Witness

    A Michigan pharmacist serving an eight-year prison sentence for medical fraud is entitled to a new trial, his attorney told a Sixth Circuit panel Tuesday, arguing that a key defense witness in the case was threatened by the government and dissuaded from testifying.

  • October 20, 2026

    2nd Circ. Won't Block Connecticut Drug Price Cap

    A Second Circuit panel affirmed a lower court's decision Tuesday, refusing to block Connecticut from enforcing a cap on generic and off-patent drug prices while a trade association for drug wholesalers challenges the statute.

  • October 20, 2026

    AirPro Says Rival Used Merger Talks To Build Competing Tool

    Counsel for AirPro Diagnostics LLC urged a Sixth Circuit panel on Tuesday to reverse a lower court's summary judgment ruling and allow its breach of contract suit to proceed to trial, arguing that a rival company violated a mutual party agreement by using confidential information disclosed during merger negotiations to develop a competing diagnostic tool.

  • October 20, 2026

    Magellan, Powder Springs To Pay $20M To End Sunoco IP Suit

    Energy infrastructure firm Magellan Midstream Partners LP and Powder Springs Logistics have agreed to pay $20.3 million to resolve a judgment against them after a jury trial loss in a patent infringement case brought in Delaware federal court by Sunoco related to gasoline blending patents.

  • October 20, 2026

    3rd Circ. Seems Open To Drexel's Bid For New Pay Bias Trial

    The Third Circuit seemed receptive Tuesday to Drexel University's bid for a new trial in a professor's pay discrimination suit, with the judges hinting a trial court may have gone too far by imposing Equal Pay Act liability on the school for not complying with an order to turn over salary information.

  • October 20, 2026

    Conn. High Court Snapshot: Justices May Refine Anti-SLAPP

    The Connecticut Supreme Court will hear cases in its new term that could change the procedure for winning a strategic lawsuit against public participation and clarify what it means to be "in custody" for the purposes of habeas jurisdiction.

Expert Analysis

  • 9th Circ. Ruling Marks New Chapter In Risk Factor Tug-Of-War

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    The Ninth Circuit's recent dismissal of a securities fraud class action against SunPower is the latest in a growing line of cases addressing whether, if ever, a company's risk factor disclosures can give rise to potential liability, an area where the law remains unsettled, say attorneys at Alston & Bird.

  • Where AI Patent Risk Begins And How Records Can Help

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    The Federal Circuit's recent decision in Dental Monitoring v. Align highlights the importance of documenting how artificial intelligence-assisted inventions work, and how humans contributed, as such records can support inventorship, written description, eligibility and definiteness requirements, say attorneys at Sterne Kessler.

  • Harvard Morgue Deal Shows Stakes Of Good Faith Immunity

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    Harvard's recent $53 million payment to settle lawsuits concerning body part thefts from its medical school morgue spotlights the state’s Uniform Anatomical Gift Act, which only extends good faith immunity to anatomical donation stakeholders if certain conditions are met, says Christina Strong at Dilworth Paxson.

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

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