Appellate

  • November 09, 2026

    Southern Co. Can't Toss ERISA Fight 11th Circ. Revived

    A Georgia federal judge Monday refused to toss a proposed class action from Southern Co. pensioners who alleged their annuity benefits were shortchanged due to outdated mortality data used in conversions, holding allegations were plausible that the conduct breached duties of prudence and loyalty under federal benefits law.

  • November 09, 2026

    What The Justices Won't Hear: A Roundup Of Cert Denials

    The U.S. Supreme Court has turned away more applicants seeking a writ of certiorari, including an activist's bid for pretrial release, a challenge to a $2.4 million class settlement and multiple employment discrimination cases.

  • November 09, 2026

    Supreme Court Lets DHS Resume Big Bend Wall Project

    The U.S. Supreme Court on Monday ruled the U.S. Department of Homeland Security can restart construction of a border wall that runs through Big Bend National Park in Texas, finding a lower court judge who halted the project likely lacked authority to do so.

  • November 09, 2026

    Fla. Court Says Probation Violation Sentence Was Vindictive

    A Florida appeals court reversed a woman's five-year prison sentence for a probation violation and remanded her case for resentencing before a different judge after finding that she was likely subjected to vindictive sentencing for requesting a hearing.

  • November 09, 2026

    High Court Disbars Judicial Watch Founder Larry Klayman

    The U.S. Supreme Court on Monday disbarred Judicial Watch founder and Florida conservative activist attorney Larry Klayman following his 18-month suspension issued last year by the D.C. Court of Appeals. 

  • November 09, 2026

    2nd Circ. Affirms $19.5M Win For Scholastic In Insurance Fight

    The Second Circuit has upheld a $19.5 million judgment for Scholastic Inc. following a fight with a Travelers unit over whether the insurer had to cover Scholastic's litigation expenses in a separate copyright and trademark infringement case.

  • November 09, 2026

    2nd Circ. Says Connecticut Cop's Firing Claims Were Too Late

    A Connecticut police sergeant who has fought discipline for excessive force since 2020 cannot proceed with federal constitutional claims against the city of Torrington, a Second Circuit panel ruled Monday in finding that the statute of limitations lapsed before he filed suit.

  • November 09, 2026

    Goldstein Says Gov't Conceded Key Trial Errors

    SCOTUSblog co-founder Thomas Goldstein told the Fourth Circuit that the federal prosecutors who netted 12 tax and mortgage fraud convictions effectively conceded they hid evidence by steering a key witness to new testimony mid-trial and had reversed their stance on jury instructions, two key issues in Goldstein's appeal.

  • November 09, 2026

    Supreme Court Weighs Ending Decades-Old Bivens Doctrine

    A staff nurse at the Federal Detention Center in Honolulu asked the Supreme Court on Monday to eliminate a 55-year-old legal doctrine allowing people to sue federal government officials for damages over constitutional injuries they suffer at their hands, arguing the doctrine violates the separation of powers and must be overruled.

  • November 09, 2026

    Texas Court Affirms Most Of $7.1M Nursing Home Injury Win

    A Texas appeals court has affirmed the bulk of a $7.1 million injury verdict in favor of a nursing assistant over injuries she sustained while moving an obese patient from his bed to a wheelchair, finding that the evidence supports the negligence finding.

  • November 09, 2026

    DOJ's Civil Division Head Joins Agency Exits After Midterms

    The leader of the U.S. Department of Justice's Civil Division, Brett A. Shumate, on Monday became at least the fifth top DOJ official to step down following Republicans' defeat in last week's midterm elections.

  • November 09, 2026

    NJ High Court Disbars Atty Convicted Of $350K COVID Fraud

    An attorney sentenced to 21 months in prison for a wire fraud conviction in a case where he stole nearly $350,000 earmarked for small businesses amid the COVID-19 pandemic has also been disbarred.

  • November 09, 2026

    Hospital Can't Redo Nurses Union Row, NLRB Says

    An Oregon hospital cannot win remand of its case challenging a National Labor Relations Board order requiring the hospital to bargain with a nurses union, the board has told the D.C. Circuit, claiming the hospital can't relitigate issues over the union's certification it should have raised in an underlying case.

  • November 09, 2026

    Kirkland Furthers Texas Growth With Gibson Dunn Litigator

    Kirkland & Ellis LLP announced on Monday that it has deepened its appellate and litigation benches with a Dallas-based partner who came aboard from Gibson Dunn & Crutcher LLP.

  • November 09, 2026

    City-Owned Parking Ramp Tax-Exempt, Minn. Justices Told

    Portions of a parking ramp owned by the city of Duluth, Minnesota, and leased to a for-profit hotel should not be subject to property taxation, the city told the state Supreme Court, seeking reversal of a state tax court ruling.

  • November 09, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week cleared the way for Cloudflare Inc. to seek immediate review of an injunction blocking a stock restructuring designed to preserve its founders' control, while setting a January hearing in a similar dispute over Meta Platforms Inc.'s plan to create nonvoting shares.

  • November 09, 2026

    Landowners Ask Justices To Weigh High-Voltage Line Surveys

    A group of Maryland landowners asked the Supreme Court to review a Fourth Circuit decision allowing Public Service Energy Group access to survey the route of a proposed 67-mile high-voltage transmission line, based on a trial court finding that the company would likely win eminent domain entry.

  • November 09, 2026

    Pharmacy Tech's COVID Vax Bias Suit Falls Short At 7th Circ.

    The Seventh Circuit refused to reopen a suit alleging an Illinois county hospital fired a pharmacy technician for requesting a religious exemption from the COVID-19 vaccine, saying it was bound by a recent ruling nixing a similar case.

  • November 09, 2026

    Justices Let DOJ Argue In Case Over Criminal Jury Size

    The U.S. Supreme Court on Monday agreed to allow the federal government to join oral arguments in a case that could decide whether Florida and several other states can continue using juries of fewer than 12 people in serious criminal cases.

  • November 09, 2026

    Justices Turn Down 'Antifa' Activist's Bid For Pretrial Release

    The U.S. Supreme Court on Monday declined to hear a self-described "antifa" member's argument that he should be released from jail while he awaits trial on charges that he cyberstalked and threatened a social media supporter of U.S. Immigration and Customs Enforcement.

  • November 09, 2026

    Justices Turn Away Mexican American Teacher's Bias Suit

    The U.S. Supreme Court declined on Monday to review a teacher's discrimination suit claiming he was fired out of bias for his Mexican American ancestry, leaving intact a Fifth Circuit decision that concluded he hadn't shown that teachers of different races received better treatment.

  • November 09, 2026

    Justices Decline Review In Real Estate Row Over Pot Biz

    The U.S. Supreme Court on Monday declined to hear a real estate developer's case against the city of Pontiac, Michigan, alleging municipal officials violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable.

  • November 09, 2026

    Justices Seek US View On Pharma's Iraq Terror Liability

    The U.S. Supreme Court on Monday invited the U.S. solicitor general to opine on a lawsuit accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorist activities in Iraq, after the D.C. Circuit held the plaintiffs adequately alleged that the companies' participation was conscious and voluntary.

  • November 09, 2026

    High Court Turns Away Builder's 6th Circ. NLRB Challenge

    The U.S. Supreme Court declined Monday to rethink how courts interpret the contours of National Labor Relations Board policies, rejecting a builder's challenge to a Sixth Circuit ruling permitting a union to withdraw from group contract negotiations.

  • November 09, 2026

    Justices Pass On Reviewing MS Drug Arbitration Feud

    The U.S. Supreme Court on Monday passed on reviewing a Second Circuit decision that refused to add some $66 million to a $16.6 million arbitral award issued to Acorda Therapeutics in a multiple sclerosis drug dispute, rejecting a petition that sought clarity on when an arbitrator "manifestly disregards" the law.

Expert Analysis

  • Mass. High Court Raises Bar For Trade Secret Injunctions

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    The Massachusetts Supreme Judicial Court's recent decision in Daikin v. Russo confirms that trade secret plaintiffs must prove irreparable harm under ordinary equitable principles when seeking a preliminary injunction, putting an end to potential theories of automatic presumption, says Gregory Bombard at Greenberg Traurig.

  • 3 Strategies To Reduce AI Sycophancy In Legal Work

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    The tendency of generative artificial intelligence models to tell users what they want to hear can reinforce attorneys’ confirmation bias when testing the strength of arguments, and it can’t simply be prompted away — but a few practices can help mitigate it, says Michael Ott at Ice Miller.

  • Opinion

    Justices' Climate Ruling Should Preserve State Tort Claims

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    As recent oral arguments in Suncor Energy v. Boulder County demonstrated, the case hinges on long-standing principles of federalism that allow state and local governments to protect their resources and citizens — and if the justices rule based on precedent, Suncor should lose, says William Buzbee at Georgetown University Law Center.

  • Open Issues After 2nd Circ.'s Airport Phone Search Ruling

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    While the Second Circuit’s recent U.S. v. Alisigwe decision confirms border agents' broad authority to conduct routine manual cellphone searches at ports of entry, significant questions remain about more wide-ranging forensic searches at the border, say attorneys at Baker Botts.

  • NFL Coverage Ruling Sets Limits On Long-Tail Claim Defenses

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    A New York appellate court's recent decision — holding that National Football League players who sustained neurological injuries had suffered multiple occurrences for insurance coverage purposes — may also be used to limit insurers' efforts to declaim coverage for other long-tail injury cases, including sexual abuse claims, say attorneys at SDV Fenchurch.

  • 2nd Circ. EFAA Ruling Shifts Employer Litigation Strategy

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    In Diaz-Roa v. Hermes Law, the Second Circuit recently held that, under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, employers can't carve out nonharassment claims and send them to arbitration, which has implications for discovery, litigation costs and resolution strategy in EFAA-covered disputes, say attorneys at Krevolin Horst.

  • DC Circ. Ruling Clarifies Standards For Buy America Waivers

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    The D.C. Circuit's recent decision to uphold a Federal Railroad Administration Buy America waiver offers clarifying guidance about assessing domestic availability, distinguishing manufacturing capabilities from future production plans and creating a well-supported administrative record, says Todd Overman at Bass Berry.

  • 3rd Circ. Ruling Opens Door For Fraud-On-The-Market Rethink

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    The Third Circuit's recent decision in Ocugen, holding that a stable stock price after publication of restated financials does not prove immateriality, could be a vehicle for the U.S. Supreme Court to overturn the doctrine undergirding certification of securities class actions, says Jonathan Richman at Brown Rudnick.

  • 5 Issues To Watch As Fed. Circ. Hears Moderna Vax IP Case

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    Upcoming oral arguments before the Federal Circuit in Arbutus v. Moderna will test whether patent liability protections for government contractors extend to vaccines distributed to the public, and the resolution of certain questions, such as how to define “for the government,” may be key to the outcome, say attorneys at Honigman.

  • PFAS Ruling Extinguishes A Policyholder Path To Coverage

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    Following an Ohio federal court's recent ruling in Fire-Dex v. Admiral Insurance, policyholders whose PFAS exposure is concentrated in workplace products will see bids for coverage fail under the occupational-disease exclusion, giving insurers a defense well suited for the category of claims that has been most resistant to pollution exclusions, say attorneys at Benesch.

  • When Insurer Insolvency Won't Trigger Excess Coverage

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    With its recent decision in A.R. Wilfley v. National Union Fire Insurance, the Colorado Supreme Court joins a growing national consensus enforcing clear and unambiguous anti-drop-down policy language in umbrella and excess policies, says Michael Kotula at Rivkin Radler.

  • How DC Circ. Ruling Permits Playacting Bribery Defense

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    The D.C. Circuit’s recent U.S. v. Burke decision appears to create a circuit split on whether prosecutors must prove public officials’ intent in bribery cases, and opens a gap between what appears to be corrupt conduct and what the law can reach, says Liz Aloi at MoFo.

  • Series

    Being In The Peace Corps Made Me A Better Lawyer

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    When I served in the Peace Corps, the people of the West African village where I was stationed helped me acclimate to my new surroundings and enabled me to develop problem-solving, teamwork and empathy skills that have bolstered my legal practice far beyond the ability to offer technical advice, says Brian Bewley at McGuireWoods.

  • Remote Work Ruling Clarifies Calif. Law Limits, With Caveats

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    Although a California state appeals court's recent decision in Saberin v. Alation confirmed that California employment laws do not operate extraterritorially merely because a company is headquartered in the state, employers shouldn't construe this as authorization to relocate decision-makers to circumvent statutory obligations, says Hallie Aylesworth at Sheppard.

  • EPA Rollback Puts Power Plant GHG Rules In Flux

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    The U.S. Environmental Protection Agency's recent actions on power plant greenhouse gas emissions create immediate implications for power plant operators and long-term regulatory uncertainty, while raising questions about the relationship between federal and state approaches to climate-related litigation, say attorneys at Van Ness Feldman.

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