The Daily Litigator · Oct 17, 2026

The Fifth Circuit Revives the Fake-Fish Class Action

In McCain v. Mary Mahoney's, the Fifth Circuit (King, J., with Smith and Ramirez, JJ.) holds a diner who paid premium prices for mislabeled imported frozen fish plausibly pleaded an Article III injury and reverses a Rule 12(b)(1) dismissal. Docket Watch: a Fifth Circuit per curiam quorum (Smith, Higginson) orders a new trial in Banner v. Wright because the district court relied on a juror's press interview in violation of Rule 606(b); ten Ninth Circuit judges dissent from denial of rehearing en banc in Whitfield v. Mullin, attacking the circuit's 'serious questions' preliminary-injunction test.

5th Cir.·Civil Procedure·

Fifth Circuit Rules FCC Unlawfully Created Universal Service Fund's Administrator

A Fifth Circuit panel vacated the FCC's fourth-quarter 2025 universal service contribution factor, holding the agency created USAC without the authorization a 1945 law requires.

9th Cir.·Civil Procedure·

Ninth Circuit Keeps Sliding-Scale Injunction Test Over 10-Judge Dissent

The court declined to rehear a disability case; Judge Bress and nine colleagues said its 'serious questions' test conflicts with Winter and Starbucks.

4th Cir.·Civil Procedure·

Fourth Circuit Revives Virginia School Boards' Suits Over Title IX 'High-Risk' Label

A divided panel held the Tucker Act did not require dismissal of Fairfax County and Arlington challenges to the Education Department's enforcement of Title IX.

Top Stories

  1. Cal. Ct. App.·Tax·

    California Appeals Court Upholds Santa Clara County's Emergency Sales-Tax Election

    The Sixth District gave Proposition 218's emergency exception its ordinary meaning and deferred to the county board's findings on federal funding cuts.

  2. 10th Cir.·Environmental·

    Tenth Circuit Upholds EPA Approval of Oklahoma Environmental Authority in Indian Country

    A divided panel held that a 2005 highway-bill rider letting Oklahoma run environmental programs in Indian country did not expire in 2009 and bars EPA-imposed conditions.

  3. 6th Cir.·Environmental·

    Sixth Circuit Lets TVA Keep Building $2.5 Billion Gas Plant During NEPA Appeal

    A Sixth Circuit panel paused a ruling that voided TVA's approval of its Kingston gas plant, finding the agency likely to win on alternatives, precommitment and remedy.

  4. 5th Cir.·Civil Rights·

    Fifth Circuit Upholds Texas Ban on Chinese-Owned Firms' Access to Power Grid

    The court held that federal foreign-investment review does not preempt a Texas law that blocked a Chinese-owned developer from connecting a solar project to the grid.

  5. 5th Cir.·Civil Procedure·

    Fifth Circuit Orders New Trial After Judge Relied on Juror's News Interview

    A two-judge quorum vacated a verdict for a Louisiana parish in a free-speech suit, citing repeated defense misconduct and the judge's use of a juror's press remarks.

  6. 5th Cir.·Civil Procedure·

    Fifth Circuit Revives RICO Class Action Over Restaurant's Mislabeled Imported Fish

    A diner who paid for premium local snapper at a restaurant that admitted selling over 29 tons of imported frozen fish as local premium species has plausibly alleged an injury in fact, the court held.

More Developments

  1. 11th Cir.·Civil Rights·

    Eleventh Circuit Lifts Block on Georgia Law Limiting Minors' Social-Media Accounts

    A federal appeals court vacated an injunction against Georgia's SB 351, holding that NetChoice failed to meet its burden in a facial First Amendment challenge.

  2. Supreme Court·Civil Rights·

    Nebraska Supreme Court Upholds Voting Law for Citizens Who Never Lived in U.S.

    The court rejected an RNC challenge to a 2005 voter law but held, following a U.S. Supreme Court ruling, that a county candidate had standing to sue.

  3. Cal. Ct. App.·Environmental·

    California Court Rejects Oil Operator's Bid to Skip Environmental Review of New Wells

    The Fifth District reversed a writ ordering CalGEM to exempt up to 12 Kern County wastewater injection wells from CEQA and declared a grandfathering rule invalid.

  4. Supreme Court·Civil Procedure·

    Nebraska Supreme Court Blocks GM From Terminating Seward Chevrolet and GMC Dealer

    The court held that good cause to end a car dealer's franchise is judged when the state board decides, so a dealer's gains during a four-year wait counted.

  5. Supreme Court·Civil Procedure·

    Alabama Supreme Court Orders Ruling on Honeywell Venue Bid Before Merits Discovery

    A divided court told a Monroe County judge to vacate an order requiring seven depositions and to rule first on a bid to send a contract fight to New York.

  6. Tex. Sup. Ct.·Contracts·

    Texas Supreme Court Lets Urban Air Affiliates Force Arbitration of Child's Injury Suit

    Companies and individuals named as "protected parties" in a release a mother signed at a Beaumont trampoline park may enforce its arbitration clause, the court held.

Supreme Court all →

  1. Supreme Court·Civil Procedure·

    Ohio Supreme Court Says Saving Statute Lets Plaintiffs Refile More Than Once

  2. Supreme Court·Civil Procedure·

    Supreme Court Blocks Order Giving FCC 48 Hours to Rule on Campaign-Ad Rate Dispute

  3. Supreme Court·Civil Rights·

    Nevada Supreme Court Reverses Order Giving Alleged Victim Police Investigation Records

  4. Supreme Court·Civil Procedure·

    Nevada Supreme Court Rejects Mode-of-Operation Rule, Revives Fuel-Spill Fall Suit

Circuit Courts all →

  1. 6th Cir.·Civil Rights·

    Sixth Circuit Says Nine Michigan Prison Officials Must Face Women Inmates' Mold Suit

  2. 9th Cir.·Civil Rights·

    Ninth Circuit Orders Injunction Against California's Federal-Agent ID Law

  3. 11th Cir.·Civil Rights·

    Eleventh Circuit Reverses Block on Florida Law Limiting Children's Social-Media Accounts

  4. 5th Cir.·Bankruptcy·

    Fifth Circuit Revives Seacor Suit Over Broker's Handling of $13 Million Bankruptcy Payout

  5. 3rd Cir.·Environmental·

    Third Circuit Upholds Transco Pipeline Permits, Sets Federal Review Standard

California Courts all →

  1. Cal. Ct. App.·Contracts·

    Calif. Appeals Court Lets Scottsdale Rescind Contractor's Policies After Base Fire

New York Courts all →

  1. N.Y. App. Div.·Securities·

    N.Y. Appeals Court Upholds Win for Funds Suing Chinese Developer Over Defaulted Notes

  2. N.Y. App. Div.·Contracts·

    N.Y. Appeals Court Keeps City's Ejectment Suits Against Two Health Occupants Alive

  3. N.Y. App. Div.·Contracts·

    N.Y. Appeals Court Blocks RICO Claim, Upholds $425,000 Receiver Fee in Resort LLC Fight

  4. N.Y. App. Div.·Contracts·

    Red-Lined Indemnity Clause Bars Owner's Lost-Rent Claim, N.Y. Appeals Court Rules

  5. N.Y. App. Div.·Employment·

    N.Y. Appeals Court Applies California Law to Toss Ex-Worker's Claim Against Grubmarket

Florida Courts all →

  1. Fla. Sup. Ct.·Civil Procedure·

    Florida Supreme Court Finds Lawyer Lied to Judge About Talk With Sequestered Expert

Illinois Courts all →

  1. Ill. App. Ct.·Employment·

    Illinois Appeals Court Lets Cities Sue to Recoup Disability Pay From Moonlighting Workers

  2. Ill. App. Ct.·Employment·

    Illinois Court Says Son's Health Care Power Let Him Bind Mother to Arbitration

  3. Ill. App. Ct.·Product Liability·

    Illinois Appeals Court Revives Roofer's Suit Over Fall Through Fisher Nuts Plant Skylight

Other State Courts all →

  1. Okla. Sup. Ct.·Employment·

    Oklahoma Supreme Court Rules State Workers Lack Property Interest in Jobs

  2. Conn. App. Ct.·Contracts·

    Connecticut Appeals Court Revives Vexatious Litigation Claims Against Lawyer and Client