Appellate

  • November 10, 2026

    Trump Asks High Court To Make Ballroom Decision Permanent

    President Donald Trump has asked the U.S. Supreme Court to make permanent its temporary order allowing construction to continue on the White House ballroom without further litigation, suggesting the justices could rely on an emergency docket ruling to quickly free the project from unnecessary "judicial superintendence." 

  • November 10, 2026

    Mass. Justices Say Gym's Waiver Not Valid In Child Injury Suit

    Massachusetts' highest court ruled Tuesday that a children's gymnastics school cannot rely on a liability waiver to shield itself from claims brought on behalf of a child injured during a class, reviving a negligence lawsuit against the facility.

  • November 10, 2026

    7th Circ. Orders BIA To Reconsider Deported Man's Visa Bid

    A Seventh Circuit panel has ordered immigration officials to reconsider a Jamaican man's bid to reopen his deportation case.

  • November 10, 2026

    Wash. Appeals Court Cuts $87M Of Crash Verdict

    A Washington state appeals court on Tuesday cut a large portion of a $103 million judgment against insurer Nationwide over coverage for a car crash that killed three children, reversing awards based on what the court said was the inappropriate application of Ohio law and an unsuccessful Insurance Fair Conduct Act claim.  

  • November 10, 2026

    TPS Groups Drop Appeal Over One-Year Work Permit Cap

    The First Circuit dismissed an appeal from a coalition of immigration advocacy groups after the federal government extended work authorization for noncitizens with temporary protected status despite the Trump administration's one-year work authorization cap.

  • November 10, 2026

    Fed. Circ. Won't Reopen Network Patent Case Against Cisco

    The Federal Circuit on Tuesday affirmed a judgment in favor of Cisco, dispensing with claims alleging the company owed as much as $121 million for infringing a set of communications network patents held by Corrigent Corp.

  • November 10, 2026

    Union Pacific Sees Jury's $1.7M Injury Award Wiped Out

    A Texas appellate court on Tuesday vacated a $1.7 million injury verdict and ordered a new trial on damages for a Union Pacific Railroad Co. employee who says he was injured on the job, saying that while there is enough evidence to support the jury's findings on causation, the same can't be said about the damages.

  • November 10, 2026

    Idaho Judge Stays Abortion Relief, Citing 9th Circ. Ruling

    An Idaho federal judge on Tuesday stayed his finding that the state would violate the 14th Amendment by criminalizing certain abortions performed by a doctor challenging the state's abortion laws, saying he is bound by a Ninth Circuit decision he "strongly disagrees" with.

  • November 10, 2026

    'America First' Think Tank Backs Pentagon In Anthropic Fight

    A Trump-aligned think tank is backing the U.S. Department of Defense in its D.C. Circuit fight against Anthropic, urging the full circuit not to grant Anthropic's en banc rehearing request and pointing to the company's statements about the threats frontier AI models pose to the world.

  • November 10, 2026

    Justice Asks Gov't To Pick Best 'Poison' In H-2A Fine Case

    A government attorney told the U.S. Supreme Court on Tuesday that it would be highly disruptive to require civil fines for H-2A visa program violations to be adjudicated solely in federal court, instead of through the U.S. Department of Labor's in-house court.

  • November 10, 2026

    7th Circ. Mulls FCA Penalties For SuperValu Without Damages

    A Seventh Circuit panel grappled Tuesday with whether supermarket chain SuperValu Inc. could face billions of dollars in False Claims Act penalties for knowingly submitting false prescription drug claims when a jury found whistleblowers failed to prove the government suffered damages, with one judge characterizing the potential penalties as "mind-boggling."

  • November 10, 2026

    11th Circ. Asked To Nix Penalties For Captive Deductions

    The U.S. Tax Court improperly imposed additional accuracy-related penalties against a Florida business for deductions it took for microcaptive insurance expenses, the business' owner told the Eleventh Circuit, saying the Tax Court's analysis of the case can't be reconciled with binding circuit precedent.

  • November 10, 2026

    Firm Must Face Suit For Including Atty Fees In Collection Bids

    A New Jersey appellate court on Tuesday revived four lawsuits alleging that a state firm violated the Fair Debt Collection Practices Act, finding that the firm attempted to collect attorney fees and filing fees along with rent when it represented landlords looking to collect from nonpaying tenants. 

  • November 10, 2026

    Netflix Unable To Get Video IP Suit Thrown Out Under Alice

    A federal judge sitting in Delaware has rejected Netflix's attempt to escape a suit alleging that it infringed three video patents owned by an Irish licensing company, finding that the streaming giant hadn't shown that the claimed inventions are ineligible for patenting.

  • November 10, 2026

    Full Fed. Circ. Won't Hear ClearPlay's Axed $469M IP Verdict

    The full Federal Circuit has refused to review ClearPlay's argument that it should reinstate a $469 million jury award for patent infringement against Dish Network LLC, which a district judge later wiped out.

  • November 10, 2026

    Grassley Defends Rush To Confirm Trump Judicial Picks

    Sen. Chuck Grassley, R-Iowa, chair of the Senate Judiciary Committee, on Tuesday defended how quickly the committee is moving to confirm President Donald Trump's judicial picks before Democrats control the Senate.

  • November 10, 2026

    No 3rd Circ. Redo For Green Group Over Pa. Pipeline Permits

    The Third Circuit won't grant an en banc rehearing to an environmental group's challenge to a pair of Transcontinental Gas Pipe Line Co. pipeline projects in Pennsylvania, after ruling in October that the state's permitting process wasn't deficient.

  • November 10, 2026

    Fla. Judge Gets No-Pay Suspension In Election Ethics Case

    The Florida Supreme Court on Tuesday agreed to a public reprimand and a 20-day suspension with no pay for a state judge who admitted to ethics violations in connection with her election campaign.

  • November 10, 2026

    Easement Donors Filed Deficiency Cases Late, 11th Circ. Told

    Conservation easement donors missed the 90-day window to dispute the IRS' asserted deficiencies stemming from what it said was their overstatement of the donated property's value, the U.S. government told the Eleventh Circuit, arguing the deadline is not flexible.

  • November 10, 2026

    3rd Circ. Scraps Gun Sentence Over Broad Pa. Robbery Law

    The Third Circuit has ruled that a Pennsylvania robbery law cannot be used to calculate sentence enhancements for crimes of violence because the state statute is broader than a comparable federal law.

  • November 10, 2026

    Judge Again Declines Recusal Over Wife's Blank Rome Ties

    The Pennsylvania state judge overseeing Philadelphia's Zantac mass tort litigation has again rejected claims that he might have a conflict of interest because his wife's firm represents a defendant in one of more than 500 such cases, pointing out that the case in question has been resolved.

  • November 10, 2026

    CIT Can't Order Universal Tariff Refunds, Gov't Tells Fed. Circ.

    The U.S. Court of International Trade's order requiring refunds for all importers who paid illegal tariffs should be deemed unlawful, the government told the Federal Circuit, saying U.S. Supreme Court precedent bars such universal relief.

  • November 10, 2026

    Ark. Senators Accused Of Blocking Trump's 8th Circ. Pick

    With time waning for a Republican-controlled Senate, President Donald Trump might lose an opportunity to fill a seat on the U.S. Court of Appeals for the Eighth Circuit.

  • November 10, 2026

    NC Sports Bar Urges 4th Circ. To End Ex-Manager's Appeal

    A North Carolina sports bar and its owner asked the Fourth Circuit to axe a former manager's bid to revive claims over profit sharing, emotional distress and unpaid wages, arguing that she failed to offer evidence that the business actually earned profits she was entitled to share.

  • November 09, 2026

    9th Circ. Pauses Some Calif. Climate Disclosure Requirements

    The Ninth Circuit ruled Monday that California can require companies to report greenhouse gas emissions from their own operations or from purchased energy, but temporarily blocked the state from requiring reporting of indirect emissions and climate-related financial risk.

Expert Analysis

  • What The 11th Circ.'s Qui Tam Ruling Left Unanswered

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    Although the Eleventh Circuit’s recent ruling in Zafirov v. Florida Medical Associates upheld the False Claims Act’s qui tam provisions under the appointments clause, its narrow reasoning leaves unresolved questions about presidential control over relator litigation that could sustain further constitutional challenges, says Taylor Chenery at Bass Berry.

  • Planning Personal Phone Collections Before Discovery Begins

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    For counsel planning a personal phone collection as part of the litigation discovery process, it's important to take early steps to ensure that necessary information will be obtained without exposing unrelated information or running into access issues, says Jeremy Horowitz at MARA Forensics.

  • 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.

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