Appellate

  • 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.

  • November 03, 2026

    Mass. Judge Nixes Feds' Bid To Stay Grant Termination Ruling

    A Massachusetts federal judge on Tuesday rejected the Trump administration's request to stay her judgment that it cannot terminate already-awarded federal grants based solely on the president's current priorities, and chided the government for intentionally slow-walking the case.

  • November 03, 2026

    PE Fund Lost $43M In 'Speculative' Stock Swap, Del. Suit Says

    An investor in a private equity fund has accused its managers in Delaware Chancery Court of secretly exchanging about $43 million in diversified investments for securities in a "speculative" financial company, then failing to sell those holdings before their value plunged 99.98%, leaving investors with virtually nothing.

  • November 03, 2026

    1st Circ. Won't Revive Sex Bias Suit Against Benefits Co.

    The First Circuit refused to reinstate a lawsuit from a data architect who said a health benefits company fired her because she's a woman, saying she hadn't alleged that colleagues responsible for "stray" sexist comments played a role in her termination.

  • November 02, 2026

    Judiciary Stuck In AI Rulemaking Rut As Attys, Judges Protest

    Judiciary efforts to enact rules for the artificial intelligence age are mired in concerns about burdens on litigators, the tensions between burgeoning technology and snail-paced policymaking, and how to even define AI. And despite vivid examples of AI's risks, officials are inching toward mothballing the prominent project.

  • November 02, 2026

    4th Circ. Says 'Beyond Doubt' Doesn't Apply In Green Card Bid

    The Fourth Circuit on Monday revived a Dominican Republic native's bid for a green card, saying in a published opinion that she only had to prove her admissibility by a "preponderance of the evidence" and not a higher burden standard.

  • November 02, 2026

    Webuild Asks Justices To Clarify Foreign Award Jurisdiction

    Italian construction giant Webuild is urging the U.S. Supreme Court to review a Third Circuit decision reviving litigation to enforce a $140 million arbitral award against it, arguing the justices must resolve whether courts can enforce such awards based solely on a defendant's in-state property.

  • November 02, 2026

    Ohio High Court Clarifies Juror-Bias Challenge Standard

    The Ohio Supreme Court ruled Monday that trial judges must disqualify prospective jurors when bias or unwillingness to follow the law is proven valid, overruling portions of two earlier decisions that allowed greater judicial discretion in such cases.

  • November 02, 2026

    DOJ Loses Bid To Revive Voter Roll Checks Ahead Of Election

    A Washington, D.C., federal judge Monday refused to pause her order striking down the U.S. Department of Justice's new policy of collecting states' unredacted voter information to cross-check voter rolls against immigration databases while it appeals her decision.

  • November 02, 2026

    5th Circ. Weighs Law Student's Kirk Comment Discipline

    A Fifth Circuit panel wanted to know what harm a former Texas Tech law student is currently experiencing as she seeks to overturn a disciplinary action related to statements she made allegedly celebrating Charlie Kirk's death, saying Monday the alleged harm seemed "speculative."

  • November 02, 2026

    9th Circ. Sends Pot Labor Law Dispute Back To Lower Court

    The Ninth Circuit revived a cannabis retailer's lawsuit challenging California's requirement that marijuana businesses have labor peace agreements with unions, ruling on Monday that the trial court abused its discretion and must reconsider the arguments, including the possibility that both sides have "unclean" hands.

  • November 02, 2026

    9th Circ. Won't Extend Block On Venezuela TPS Ruling

    The Ninth Circuit denied the Trump administration's request to block a district court order that stymied its cancellation of a temporary protected status extension for Venezuela and is set to snap back into effect after a U.S. Supreme Court stay of the order expires this week.

  • November 02, 2026

    Fuel Groups Say Courts Must Stay Out Of Calif. Waiver Fight

    Groups representing the natural gas and oil industry urged the D.C. Circuit to reverse preliminary injunction rulings over the U.S. Environmental Protection Agency's procedural move sending certain Clean Air Act waivers for California to Congress, arguing that judicial review is barred.

  • November 02, 2026

    Mich. Justices To Hear Challenge To Juror Strike Rule

    The Michigan Supreme Court has agreed to review a challenge to a state criminal court rule used to strike jurors previously charged with crimes, a policy which a defendant accused of murder has argued functions as a loophole letting prosecutors exclude from the jury Black people, who are disproportionately arrested.

  • November 02, 2026

    ATM Operators To Ask DC Circ To Revive Visa, Mastercard Suit

    ATM operators gave notice that they'll ask the D.C. Circuit to revive their long-running certified class action accusing Visa and Mastercard of an anticompetitive agreement forcing them into higher network fees.

  • November 02, 2026

    Russian Billionaire Takes Yacht Forfeiture Suit To High Court

    Russian billionaire Eduard Yurievich Khudainatov urged the U.S. Supreme Court to review the federal government's seizure and sale of a $300 million superyacht, arguing that he should have been able to contest the forfeiture as the yacht's titleholder.

  • November 02, 2026

    NY Judge Admonished For Using Title To Fight Garbage Fines

    The New York State Commission on Judicial Conduct has disciplined a Brooklyn judge for "repeatedly invoking her judicial position" while contesting New York City sanitation citations for litter in front of her home.

  • November 02, 2026

    Justices Probe Late Defense In Ex-Aide's Pregnancy Bias Suit

    The U.S. Supreme Court on Monday closely scrutinized the procedures governing late-raised legal defenses amid a former political aide's fight to reinstate her pregnancy discrimination lawsuit, with some justices hinting that the case should be sent back down for review under a different federal rule set.

  • November 02, 2026

    Ill. Panel Says Accused Sex Abuser Can't Be Held Pretrial

    An Illinois state appeals court has ruled that a former state police forensic scientist accused of sexual abuse of a minor cannot be held in jail awaiting his trial because prosecutors could not prove he poses an ongoing safety risk.

  • November 02, 2026

    Split Full 9th Circ. Backs Block On ICE Voter Fraud Probe

    A Ninth Circuit majority kept in place Friday a panel's recent ruling refusing to pause an injunction blocking U.S. Immigration and Customs Enforcement agents from carrying out a "surge initiative" to question individuals in nine states about their voter status, while seven judges criticized the panel's opinion in dissent.

  • November 02, 2026

    Carroll Asks High Court To Skip Trump Defamation Appeal

    Writer E. Jean Carroll has asked the U.S. Supreme Court not to hear President Donald Trump's appeal of an $83.3 million jury verdict finding that he defamed her after she accused him of sexual assault, saying Trump waived his presidential immunity argument.

Expert Analysis

  • The Preemption Gap In Prediction Market High Court Petitions

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    The Supreme Court is considering three certiorari petitions following a split in prediction market litigation between the Third and Ninth circuits, but one of the petitions would not allow the court to reach the express preemption question, which would leave the dispute half-resolved, says Jordan Garman at Withers.

  • 5th Circ. Embedding Decision Could Recast Copyright Claims

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    The Fifth Circuit's decision in Emmerich v. Particle Media addresses decades of ambiguity surrounding whether embedded content can constitute copyright infringement, potentially affecting how defense counsel fight against such claims, say attorneys at Greenberg Glusker.

  • A Texas Ruling May Offer Guidance On Freight Broker Liability

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    The U.S. Supreme Court's decision in Montgomery v. Caribe Transport removed federal preemption defenses to freight broker negligent-selection claims, and a July verdict in Texas against C.H. Robinson raised further questions about how brokers can achieve compliance — but another recent Texas decision involving Home Depot may offer some answers, say attorneys at Baker Donelson.

  • 9th Circ. Ruling Raises Bar For Arbitration Pacts Via Email

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    The Ninth Circuit's recent holding in Rickes v. Thermo Fisher that the mere delivery of an email doesn't establish an employee's assent to the arbitration agreement underscores that rollout processes should both give employees notice of the agreement and create evidence of their assent, say attorneys at Sullivan & Cromwell.

  • Opinion

    Fed. Circ. Should Redefine Functionality In Design Patents

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    The Federal Circuit should establish a framework for identifying the relevant article of manufacture to which functionality analysis applies, in order to enhance doctrinal clarity and better reflect the statutory foundations of design patent law, say attorneys at Knobbe Martens.

  • 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.

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