Appellate

  • February 25, 2026

    T-Mobile Tells Justices FCC's Fines On 'Unsound' Footing

    T-Mobile waded Wednesday into a high-stakes U.S. Supreme Court fight between its rivals AT&T and Verizon and the Federal Communications Commission, telling the justices that an FCC theory that companies facing penalties can eventually get a jury trial was "unsound."

  • February 25, 2026

    2nd Circ. Skeptical Of Expanding Collectives' Borders

    A Second Circuit panel seemed doubtful about allowing workers from a state other than where a Fair Labor Standards Act case arises to join a collective, signaling that it might side with Bimbo Bakeries in a case accusing the company of misclassifying delivery workers as independent contractors.

  • February 25, 2026

    9th Circ. Undoes $278M Eli Lilly Payment In Insulin Case

    The Ninth Circuit ruled against a lower court Wednesday in saying pharmaceutical giant Eli Lilly does not owe $278 million in royalties to an Arizona company for insulin-brands sales, saying an agreement between the companies did not cover insulin products Eli Lilly made using a certain yeast expression technology.

  • February 25, 2026

    Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown

    Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.

  • February 25, 2026

    Justices Skeptical That Mich. Tax Sale Is Unconstitutional

    U.S. Supreme Court justices seemed skeptical Wednesday that a Michigan county violated the U.S. Constitution when it took the title to a home over a tax debt, then sold the home at a low price and refunded only that amount to the homeowner.

  • February 25, 2026

    Uvalde Massacre Survivors Lose Negligence Suit Appeal

    A Texas appeals court on Wednesday upheld the dismissal of a lawsuit brought by students, teachers and parents who lived through the 2022 Uvalde massacre, finding that state law does not allow legal actions against agencies that fail to implement a policy.

  • February 25, 2026

    9th Circ. Nixes ID Theft Sentence In Medicare Fraud Case

    The Ninth Circuit ordered resentencing of a defendant in a case over a $24 million scheme to fraudulently bill Medicare for power wheelchairs and wheelchair repair, finding evidence presented at trial did not support her conviction by a jury on two aggravated identity theft charges.

  • February 25, 2026

    Fed. Circ. Denies Yet Another Petition Over PTAB Changes

    The Federal Circuit on Wednesday rejected another company's challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, leaving two petitions over the agency's new institution policies still pending.

  • February 25, 2026

    NJ Transit Allowed To Pick Horizon Over Aetna, Panel Finds

    New Jersey Transit Corp.'s award of a health benefits administration contract to Horizon Blue Cross Blue Shield of New Jersey was not unreasonable despite the proposal being more expensive than one submitted by Aetna, a state appeals panel found Wednesday.

  • February 25, 2026

    Tom Goldstein Guilty On Tax Evasion, 11 Other Counts

    SCOTUSblog founder and famed U.S. Supreme Court advocate Thomas Goldstein was found guilty of tax evasion, as well as aiding in the filing of false tax returns and lying on loan applications, by a Maryland federal jury Wednesday. 

  • February 25, 2026

    Texas Panel Won't Block County's Immigrant Defense Funding

    Harris County, Texas, can continue reimbursing nonprofits providing legal services to low-income immigrants in detention or those who face deportation, a state appellate court ruled, finding no proof yet of "actual harm" as Texas appeals the denial of its preliminary injunction bid.

  • February 25, 2026

    Cat Cover Story In Ginsburg Health Hack Gives Judge Pause

    A Fourth Circuit jurist on Wednesday seemed fixated on the feline excuse a former hospital transplant coordinator gave FBI agents when he was questioned in 2019 about accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records.

  • February 25, 2026

    Split Fed. Circ. Affirms Tesla's Loss In Charger Patent Fight

    A split Federal Circuit panel on Wednesday refused to revive Tesla's challenge to a Charge Fusion Technologies patent on electric vehicle charging, backing the Patent Trial and Appeal Board's finding that the automobile company failed to show it was invalid.

  • February 25, 2026

    Pension Fund Presses For CEO Texts In $60B Merger Fight

    A union pension fund stockholder urged the Delaware Supreme Court on Wednesday to revive its bid for access to a former Pioneer Natural Resources Co. CEO's undisclosed text messages and emails, arguing that the Delaware Chancery Court set an "impossible" standard in denying inspection of communications tied to the company's $60 billion sale to Exxon Mobil Corp.

  • February 25, 2026

    5th Circ. Revives Texas Judge's Suit Over Same-Sex Weddings

    The Fifth Circuit has cleared the way for a Texas state judge to seek damages in a lawsuit against the Texas Commission on Judicial Conduct over whether judges can refuse to conduct same-sex weddings on religious grounds while agreeing to conduct marriages for heterosexual couples, sending the case back to the trial court.

  • February 25, 2026

    Full Fed. Circ. Won't Hear Comcast Venue Change Bid

    The Federal Circuit on Wednesday denied a request from Comcast for the full court to review its arguments that a patent infringement case it's facing should be transferred to the Eastern District of Pennsylvania.

  • February 25, 2026

    5th Circ. Says Ex-Worker's Obstinance Sinks Retaliation Suit

    The Fifth Circuit refused to reopen a former educator's lawsuit claiming a Mississippi school district forced her to resign because she ended a romantic relationship with a school administrator, saying that tossing her case was warranted because she'd been "stubbornly resistant" to the trial court.

  • February 25, 2026

    Fed. Circ. Pressed To Immediately Release Tariff Mandate

    Small businesses behind the successful challenge to President Donald Trump's emergency tariffs asked the Federal Circuit Tuesday to immediately issue its mandate so the lower U.S. Court of International Trade can consider how to order the government to issue refunds for importers that paid the unlawful duties.

  • February 25, 2026

    9th Circ. Rules K-12 Mental Health Grants Must Continue

    The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal. 

  • February 25, 2026

    Justices Set New Limits On Recess Testimony Talks

    A unanimous Supreme Court set limits Wednesday on the right to counsel during overnight breaks in a defendant's testimony under the Sixth Amendment, ruling that prohibiting talk about "testimony for its own sake" strikes an appropriate constitutional balance.

  • February 25, 2026

    High Court Says GEO Group Can't Appeal Immunity Ruling

    The U.S. Supreme Court ruled Wednesday that GEO Group Inc. cannot immediately appeal a district court decision that found it does not derive sovereign immunity from the federal government in a forced labor class action brought by immigrant detainees.

  • February 24, 2026

    DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold

    D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.

  • February 24, 2026

    9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit

    District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.

  • February 24, 2026

    Trump Says Countries Will Keep Deals Despite Tariff Ruling

    President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.

  • February 24, 2026

    7th Circ. Questions Keeping 5 NEC Suits In Federal MDL

    A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."

Expert Analysis

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.

  • Justices' BDO Denial May Allow For Increased Auditor Liability

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    The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.

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