Appellate

  • November 09, 2026

    Justices Signal Support For Feds In Pipeline Payout Fight

    U.S. Supreme Court justices Monday appeared inclined to conclude that federal law, and not state law, determines what gas infrastructure project developers should pay landowners in eminent domain proceedings.

  • November 09, 2026

    11th Circ. Says School District Needn't Face Sex Assault Suit

    The Eleventh Circuit refused to reinstate a woman's lawsuit accusing a Georgia school district of race bias and indifference after her daughter was sexually assaulted by another student in elementary school, finding the allegations didn't clear the bar for winning damages under a federal law barring sex discrimination in schools.

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toss a proposed class action from Southern Co. pensioners who alleged their annuity benefits were shortchanged due to outdated mortality data used in conversions, holding allegations were plausible that the conduct breached duties of prudence and loyalty under federal benefits law.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

Expert Analysis

  • High Court's H-2A Case Could Reshape Agency Adjudication

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    The U.S. Supreme Court will hear arguments in a case that concerns whether the U.S. Department of Labor may fine an employer for violating employment conditions in the H-2A visa program, but its eventual decision could chart the course for in-house adjudication across a broad swath of the federal government, say attorneys at Holland & Knight.

  • Calif. Sex Harassment Cases Clarify Limits On EFAA Waivers

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    Two recent rulings in California confirm that the plaintiff's knowledge drives waiver analysis under the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act, underscoring that employers should build a strong evidentiary record and pick their battles, says Ellen Connelly Cohen at Call & Jensen.

  • 2nd Circ. Ruling Limits Collection Beyond Restitution Terms

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    In a case involving a financial fraud conviction, the Second Circuit recently established a clear limit on the government's enforcement power under the Mandatory Victims Restitution Act while highlighting the importance of presenting an economic picture that accurately reflects the defendant's ability to pay at the time of sentencing, say attorneys at Lowenstein Sandler.

  • Criminal Discovery Practice Must Address Usability Problem

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    One of the more consequential practical problems in federal criminal defense is that the ability to deliver digital evidence has outpaced the ability of many defense teams to review it, but there are several potential solutions, says Patrick Garrity at Brad Bailey.

  • How Cos. Can Reassess Ad Tech After Wash. Pixel Use Ruling

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    The Washington Supreme Court's decision in Baker v. Seattle Children's Hospital, holding that the hospital website's use of Meta Pixel didn't violate the state’s privacy act, may provide a powerful defense against privacy claims, but shouldn’t be read as a blanket approval of advertising technologies, say attorneys at Duane Morris.

  • State Of Insurance: Q3 Notes From Illinois

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    In the past quarter, two Seventh Circuit rulings and an Illinois appellate decision applied state insurance law to issues ranging from the illusory coverage doctrine and an insured's right to independent counsel, to the time to commence uninsured motorist arbitration, says Matthew Fortin at BatesCarey.

  • Opinion

    Judges Must Turn To Merits Earlier To Fix Civil Justice System

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    The U.S. justice system is long overdue for a cultural shift that encourages judges to engage with the merits of a case from the outset, which would help to cut through procedural complexities and deliver high-quality justice efficiently and at lower cost, says Steven Kayman at Rottenberg Lipman.

  • Enviro Marketing Lessons From NY Greenwashing Ruling

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    A New York state appeals court recently affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of corporate and product greenwashing, providing practical lessons for framing comparative environmental claims carefully by ensuring that environmental claims are accurate, properly qualified and presented in context, say attorneys at V&E.

  • Justices' Intel Ruling Could Aid 401(k) Alternative Asset Push

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    Following the U.S. Supreme Court's recent oral arguments in Anderson v. Intel, a decision favoring Intel over a prudence claim against fiduciaries based on underperformance by comparing two funds that aren't meaningfully similar would undercut the most common litigation theory against including alternative investments in 401(k) plans, say attorneys at Simpson Thacher.

  • FCRA Ruling Previews Future Business Transaction Litigation

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    The Ninth Circuit's overturning of a class verdict against CenturyLink is a win for businesses facing Fair Credit Reporting Act willfulness claims, but the question of when a consumer initiates a transaction remains unanswered, say attorneys at Thompson Hine.

  • How Cos. Should Prepare For Democratic Oversight

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    Companies should begin preparing now for a new, Democratic-majority Congress — understanding how the oversight landscape has changed in recent years and monitoring leadership elections, new rules and potential select committees, say attorneys at Wiley.

  • Opinion

    Justices Must Protect Enforcement In DOL Fine Power Case

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    In deciding whether the U.S. Department of Labor’s in-house court has the power to decide monetary penalties arising from H-2A violations, the U.S. Supreme Court must preserve a practical route to relief for workers and a constitutional forum for employers to contest liability, say Michelle Dromgold-Sermen, Jessica Vasquez-Luna and Julissa Barrera at George Mason University.

  • Series

    Open-Water Swimming Makes Me A Better Lawyer

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    Swimming long distances in open waters is not necessarily an escape from my intellectual property practice, but a complementary discipline that similarly rewards sustained attention, intellectual curiosity, resilience and the ability to pursue a distant objective without losing command of the immediate task, says Christina MacDougall at Morgan Lewis.

  • Conflicting Rulings Cloud NCAA Eligibility Rule

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    The NCAA's adoption of the five-to-five eligibility rule has resulted in a genuinely fractured landscape, with the qualification for members of the class of 2022 essentially dependent upon the location of the athlete and the institution rather than on the underlying facts of the case, says Andrew Hope at Buchanan Ingersoll.

  • A Lesson On How Courts Approach Impossible Patent Claims

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    The Federal Circuit's recent decision in Satius v. Samsung, concluding that a scientifically impossible patent claim lacks enablement, underscores important considerations when drafting patent claims with potentially incompatible alternatives, and highlights an uncommon strategy for attacking patent validity via claim construction, say attorneys at Buchanan Ingersoll.

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