Appellate

  • November 03, 2026

    Troops Urge Justices To Delay Review Of Military Trans Ban

    A group of transgender servicemembers have asked the U.S. Supreme Court to decline to review the Trump administration's ban on transgender individuals serving in the military for now, saying the government's current appeal of a narrow circuit court ruling against the policy is premature and incomplete.

  • November 03, 2026

    Justices Seem Open To Colo. Catholic Schools' Bias Claims

    The U.S. Supreme Court appeared receptive Tuesday to a push by Catholic parishes to be exempted from a requirement under Colorado's universal preschool program that ties funding to the acceptance of a nondiscrimination mandate, with Justice Brett Kavanaugh saying the case poses a "clash" between religious and LGBTQ+ rights.

  • November 03, 2026

    2nd Circ. Denies Kalshi, Coinbase Enforcement Shields

    A Second Circuit panel on Tuesday rebuffed separate bids by Kalshi and Coinbase to temporarily shield their sports contracts from New York and Connecticut gambling regulators after the judges appeared unconvinced by the platforms' attempts to draw lines between sports event contracts and sports bets.

  • November 03, 2026

    Past Losses Haunt Colo.'s Universal Preschool Law Defense

    For eight years, Colorado has repeatedly met a skeptical U.S. Supreme Court when defending antidiscrimination laws against religious objectors. Now, that poor track record seems likely to doom the state's latest attempt to protect its universal preschool program's equal opportunity mandate from Catholic challengers.

  • 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

    Facebook 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.

Expert Analysis

  • Courts Signal Higher FCRA Bar For Identity Theft Claims

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    Recent rulings adopting a heightened, "objectively and readily verifiable" inaccuracy standard may give credit furnishers stronger defenses to identity theft-related Fair Credit Reporting Act claims in the Ninth Circuit, while requiring them to continue documenting thorough dispute investigations, says Brian Kiolbasa at Ballard Spahr.

  • The Patent Circuit: Minding Patents' Family Histories

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    The Federal Circuit's recent decision in Epic Tech v. Pen-Tech highlights the relevance of patent families in determining whether to maintain an ongoing patent infringement litigation, and the sanctions risk that may stem from failing to account for patent relatives, say attorneys at Knobbe Martens.

  • 9th Circ. Waters Ruling Shows Sackett's Ripple Effects

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    The Ninth Circuit's recent decision in Inland Empire Waterkeeper v. Corona Clay demonstrates that the U.S. Supreme Court's "waters of the U.S." ruling in Sackett v. U.S. Environmental Protection Agency can reopen cases already tried to verdict, thus changing expectations around citizen suits and stormwater enforcement in California, says Jacob Lubarsky at Rogers Joseph.

  • Calif. High Court Ruling Eases Path To Excess Coverage Suits

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    Following a recent California Supreme Court ruling in Fox Paine v. Twin City Fire Insurance, policyholders will have an easier time sustaining suits against excess insurers, leading the latter to settle more frequently, buy back more policies, increase premiums and change policy language, says Charles Grosenick at Brown & Winters.

  • A Defense Attorney Playbook For Challenging Flock Evidence

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    As law enforcement continues to bring charges based on evidence from Flock cameras and other automated license plate readers, defense counsel should consider four key categories for discovery requests and motions to compel such evidence, says Tamar Lerer at the New Jersey Office of the Public Defender.

  • Washington Email Law Still Puts Marketers At Litigation Risk

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    Despite legislative efforts to curtail abusive litigation after the 2025 Brown v. Old Navy decision extending Washington's Commercial Electronic Mail Act to misleading email subject lines, CEMA can still trigger class actions with statutory damages, even for national campaigns run by companies with no physical presence in Washington, say attorneys at Wilson Elser.

  • How AI Could Help Judges Spot Their Own Biases

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    In close cases where there’s room for discretion, artificial intelligence could challenge judges’ implicit biases by running counterfactual tests at scale — but any judicial use of such tools would need guardrails, say Arnold Peter at Peter Law and Nancy Rapoport at University of Nevada.

  • State Of Insurance: Q3 Notes From Pennsylvania

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    Pennsylvania courts issued several noteworthy insurance decisions last quarter, offering practical guidance for insurers evaluating public policy coverage disputes, drafting umbrella policy language and defending litigation involving claim file discoverability, says Todd Leon at Marshall Dennehey.

  • How Shift In Ohio Foreclosure Appeals Alters Lenders' Risk

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    In a series of recent decisions, the Ohio Supreme Court changed who bears the risk of an erroneous foreclosure judgment while an appeal is pending, which means lenders should now budget for merits briefing, and underwriters should expect indemnity and escrow demands, says Terry Posey at Porter Wright.

  • 3 Eligibility Rulings Show Risks Of Broad Claim Constructions

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    Several recent decisions from the Federal Circuit, including its ruling in Berkeley v. W.W. Grainger, highlight the importance of identifying the inventive aspects of a patent early in the case so that patentees do not inadvertently read the inventive features out of their own claims, say attorneys at MoFo.

  • 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.

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