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.
Practice area · 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.
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.
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.
Iowa Supreme Court Lets Surgeon Back Malpractice Suit Against Physician Assistant
Physicians and physician assistants practice in substantially similar fields under Iowa's expert-qualification law, the court held, reviving a missed-diverticulitis suit.
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.
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.
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.
Nevada Supreme Court Rejects Mode-of-Operation Rule, Revives Fuel-Spill Fall Suit
The unanimous court said a truck driver who slipped at a self-service fueling station could show notice with evidence that the spill was a reasonably foreseeable risk.
Ohio Supreme Court Says Saving Statute Lets Plaintiffs Refile More Than Once
The court held that Ohio's refiling statute saves a whole lawsuit rather than single claims and has no one-use limit, reviving negligence claims against Glenmede Trust.
Florida Supreme Court Finds Lawyer Lied to Judge About Talk With Sequestered Expert
A divided court rejected a referee's not-guilty recommendation and found Clayton Bowers Studstill violated Bar rules on candor and on obeying a court's instructions.
Supreme Court Blocks Order Giving FCC 48 Hours to Rule on Campaign-Ad Rate Dispute
The justices stayed a Fourth Circuit mandamus order, reasoning that a court may not force the FCC to end its deliberations on a two-day deadline.
Ohio Appeals Court Strips $75,000 Fee Award From Durrani Spine-Surgery Verdict
The First District upheld a $520,000 negligence judgment against spine surgeon Abubakar Atiq Durrani but held the trial court had no basis to award attorney fees.
Fifth Circuit Holds Texas Cap on Appeal Bonds Does Not Apply in Federal Court
A Fifth Circuit panel refused to let defendants facing a judgment of more than $210 million halt collection during their appeal by posting a $25 million bond.
Idaho Supreme Court Shields Rancher, State From Suit Over Cow Struck on I-84
A unanimous court held that Idaho's open-range law protects a cow's owner even on a fenced interstate and that the state owed the injured driver no duty.
Arkansas Supreme Court Rules All Kirkland Signature Liquor Must Use One Wholesaler
A divided Arkansas Supreme Court held that Costco's Kirkland Signature label is one brand, so every supplier must use the wholesaler chosen first.
Hawaii Supreme Court Restores Full $14 Million Award in School Sexual-Abuse Case
The trial court violated due process by shifting 30% of the fault to nonparty male students whom the State never blamed, the justices held, restoring $4.25 million.
Mississippi High Court Enforces Michigan Default Judgment Against Online Furniture Seller
The court held that a Mississippi seller that made more than 1,000 deliveries into Michigan could be sued there, and that its website terms did not shield it.
California Appeals Court Upholds New Trial After Jurors Discussed Defendant's Wealth
The Fifth District affirmed an order voiding a $55,000 car-crash verdict after two jurors swore the panel discussed the defendant's wealth and insurance.
California Appeals Court Says Japan's Fanuc Cannot Be Sued in State Over Robot Injury
A state appeals panel ordered a San Bernardino County court to quash service on Fanuc Corp., holding California courts lack jurisdiction over the Japanese robot maker.
Three Texas Justices Question Use of Property-Attachment Rule to Jail Deponents
Concurring in a mandamus denial, Justice Kyle D. Hawkins wrote that Rule 592 addresses property and that the court should intervene in an appropriate case if trial courts use it to jail deponents again.
California Appeals Court Tosses Doxing Claim Over Top Dawg's Naming of Jane Doe Accusers
The label's press release naming two women who sued under pseudonyms was protected, the court held, because they never asked a judge for permission to stay anonymous.
Divided First Department Tosses Negligent Supervision Claim Against Cosby Show Producer
A 3-2 appeals panel held that Bill Cosby's alleged use of the Cosby Show set to win a woman's trust did not make Carsey-Werner liable for his alleged assaults.
Florida Appeals Court Makes Lawyer, Clients Pay Opponents' Fees Over Fake AI Citations
The Fourth DCA held that a party may win appellate fees as a sanction for an opponent's fabricated case law, making the plaintiffs and their lawyer jointly liable.
Florida Appeals Court Orders Hope Florida Grand Jury Report Expunged in Full
A First District panel held a Leon County grand jury overstepped by calling a $10 million Centene payment to Hope Florida "misappropriated" while charging no one.
Second Department Breaks With First Department on NYC Tax Class Challenges
The Second Department said owners of vacant residential lots may use article 78 to fix city tax class errors, declining to follow a First Department ruling.
Third Circuit Rules Adopted Co-Party Arguments Don't Count Toward Appellate Word Limits
Deciding the question for the first time, the court sided with Sandoz on a briefing rule while vacating its $61.6 million contract award against United Therapeutics.
California Appeals Court Says Courts Must Defer to Boards on Bids to End Probation Early
The Third District held that a psychologist's petition to end her five-year probation early gets deferential substantial-evidence review, not independent judgment.
Fifth Circuit Says DOE Dishwasher Rule Challenges Must Start in Appeals Courts
Consumers have standing to attack DOE's 2024 dishwasher and clothes-washer water limits, the Fifth Circuit held, but the case cannot be heard first in district court.
Fifth Circuit Says Devon's Appeal Automatically Halts Remand of Louisiana Coastal Suit
Joining the Fourth and Eleventh Circuits, the Fifth Circuit held that appealing a federal-officer remand automatically stays the remand order while the appeal proceeds.
Fifth Circuit's Ho Addresses 'Audition Trap' After Litigant Emailed Judge About Senate Connections
In a concurrence, Judge Ho responds to emails referencing a U.S. Senator sent to a magistrate under consideration for a district court seat.
D.C. Circuit Vacates Diversity Ruling After Judge Applied Corporate Test to LLC
Per curiam opinion holds that LLC citizenship traces to every member, not the place-of-formation rules that govern corporations.
Third Circuit Says Court That Found Case Unripe Had No Power to Rule on Fee Motion
A federal court that dismisses a case for lack of Article III jurisdiction cannot adjudicate a contract-based fee request and must dismiss it outright.
Eleventh Circuit Rules District Courts May Keep Some State Claims, Dismiss Others After Federal Claims Die
The panel joins three sister circuits in rejecting an all-or-nothing approach to supplemental jurisdiction while reviving a malicious-prosecution claim against Walmart.
Sixth Circuit Says Kentucky's Opioid Suit Against PBMs Belongs in Federal Court
The appeals court held that pharmacy benefit managers' integrated federal and commercial negotiations support removal under the federal officer statute.
Tenth Circuit: IGRA Strips Tribal Immunity for Casino-Siting Suit, But RICO Claims Against Officials Split
In Comanche Nation v. Ware, the court holds that IGRA's abrogation clause reaches suits by any tribe, not just compact parties, while Ex parte Young does not open the door to official-capacity RICO claims absent an enforcement connection.
D.C. Circuit Affirms Injunction Against ITC Probe of Expert Witness
Court rules ITC's investigation into Gregory Sidak for violating a protective order was based on an unconstitutionally appointed ALJ's action.
Vanda FDA Appointment Suit Tossed After D.C. Circuit Petition
A D.C. federal judge said Vanda Pharmaceuticals must press its Appointments Clause fight over FDA's refusal of its tradipitant application in the court of appeals, not district court.
Ninth Circuit Won't Rehear California Switchblade Ban Fight
The Ninth Circuit declined to revisit a Second Amendment challenge to California's switchblade regulations, leaving intact a panel ruling that rejected a facial attack on the law.
D.C. Federal Judge Tosses Inmate’s FSA Credit Release Bid
Judge Randolph D. Moss said Brian Edward Moore appeared to have already received the release-related relief he sought and had previously lost on similar arguments.
Ninth Circuit Revives FCA Suit Over Mortgage Lender's PPP Loan
A published panel ruling says a public PPP database and a company website did not, on this record, bar a qui tam suit accusing CalCon of misrepresenting its loan eligibility.
Seventh Circuit Upholds SBA's $20M PPP Group Cap
The panel said the SBA acted within its emergency authority when it treated commonly controlled nursing homes as one corporate group for Paycheck Protection Program limits.
Seventh Circuit Backs SBA's PPP Cap For Nursing Home Group
The panel said the SBA could apply a $20 million corporate-group limit to commonly controlled nursing homes seeking Paycheck Protection Program forgiveness.
First Circuit Backs CDC's 6-Month Age Rule For Imported Dogs
The panel said the dog-import rule fits the CDC's inspection authority and was rationally tied to preventing rabies and vaccination-document fraud.
D.C. Federal Judge Tosses Pro Se 'Defense' Equipment Suit
A District of Columbia federal judge granted a pro se plaintiff pauper status but dismissed his complaint without prejudice, finding its allegations too frivolous to support jurisdiction.
D.C. Judge Sends Student's IDEA Remedy Dispute Back To Hearing Officer
A District of Columbia federal judge adopted a magistrate judge's recommendation and ordered a hearing officer to further explain parts of an IDEA decision involving extended school year services and compensatory education.
Supreme Court Sends Evidence Rule 801 Amendment To Congress
The justices adopted an amendment to the federal hearsay rule that is slated to take effect Dec. 1, 2026, absent congressional action.
Justices Dissent As High Court Skips Prisoner Fee-Splitting Fight
Justice Sonia Sotomayor said the court should have taken up whether indigent prisoners suing together must each pay a full federal filing fee.
Fifth Circuit Tosses Helipad Nuisance Appeal As Premature
The Fifth Circuit said neighbors challenging a New Orleans hospital’s relocated helipad must wait for final judgment before appealing a ruling that blocked their requested permanent injunction.
D.C. Federal Judge Trims Emotional-Distress Claim From WMATA Bus Crash Suit
Judge Richard J. Leon said the plaintiffs did not oppose WMATA's partial dismissal bid and had not pleaded serious, verifiable emotional distress.
Sotomayor Flags Batson Prejudice Split In Cert Denial
Justice Sonia Sotomayor said Mississippi's rule for proving prejudice from counsel's mishandling of a Batson challenge is likely wrong, but the case was not a proper vehicle for review.
Supreme Court Says State Emergency Immunity Can't Bar Federal Claims
The justices reversed a Louisiana appellate ruling that applied a state public-health emergency immunity statute to defeat federal claims against a physical therapy provider.
Alito Temporarily Freezes 5th Circ. Order In Danco Dispute
Justice Samuel Alito issued an administrative stay of a Fifth Circuit order while the Supreme Court awaits a response to Danco Laboratories' application.
Roberts Pauses D.C. Circuit Mandate In Herridge Case
Chief Justice John G. Roberts Jr. stayed a D.C. Circuit mandate involving Catherine Herridge while the Supreme Court considers a stay application.
Justices Set 80 Minutes For Argument In Trump Cases
The U.S. Supreme Court partly granted a request for divided argument and expanded time while denying an amici bid to take part.
Sotomayor Halts 2nd Circ. Mandate In Marcos Creditors Dispute
Justice Sonia Sotomayor recalled and stayed a Second Circuit mandate while the Supreme Court considers an application from a class representative for judgment creditors of the Ferdinand Marcos estate.
Justice Jackson Temporarily Pauses SNAP Funding Orders
The emergency order gives the First Circuit time to rule on the government’s bid to stay Rhode Island federal court directives requiring full November SNAP funding.
Sotomayor Lifts Stay In Marcos Judgment Creditors Funds Fight
Justice Sonia Sotomayor denied a stay request after the government said disputed funds would remain in the United States while any certiorari petition is pending.
Eighth Circuit Upholds Continental Resources Fee Awards In North Dakota Landowner Fight
The panel affirmed more than $793,000 in attorneys' fees for surface landowners, while a concurrence said the district court's lodestar analysis erred but did not warrant reversal.
D.C. Judge Pauses Beberman Grievance Case For Transfer Fight
A D.C. federal judge stayed Julie Beberman's case while a related Virgin Islands action over Foreign Service grievance proceedings may be transferred to Washington.
Gorsuch Says High Court Should Revisit Civil Jury Right Against States
The Supreme Court denied review in a Humboldt County case, but Justice Gorsuch said the justices should soon reconsider precedent refusing to apply the Seventh Amendment civil jury right to the states.
Supreme Court Revives Bost Challenge To Illinois Mail-Ballot Rule
The justices held that candidates have standing to challenge vote-counting rules in their own elections, sending Rep. Michael Bost's challenge to Illinois' post-election mail-ballot receipt deadline back to the lower courts.
High Court Lets Chevron Keep Louisiana Coastal Suit In Federal Court
The justices said Chevron plausibly tied challenged World War II crude-oil production to federal aviation-gasoline refining duties, vacating a Fifth Circuit remand ruling.
Sotomayor Says Hague Review Split Merits High Court Attention Despite Cert Denial
The justice said the standard for reviewing whether a child is well settled under the Hague Convention has divided federal appeals courts, but changed circumstances made the case a poor vehicle for review.
High Court Says Enbridge Removed Line 5 Suit Too Late
The Supreme Court held that the 30-day deadline for removing civil cases to federal court cannot be equitably tolled, sending Michigan's Line 5 lawsuit against Enbridge back to state court.
FTC Orders Divestiture In 365 Retail's $848M Cantaloupe Deal
The FTC said 365 Retail must sell Cantaloupe's Three Square Market business to Seaga to resolve concerns that the micromarket kiosk deal would raise prices and weaken interoperability competition.
Justices Let Truck Crash Suit Against Freight Broker Proceed
The U.S. Supreme Court said the FAAAA's motor-vehicle safety exception saves a negligent-hiring claim against C.H. Robinson from federal preemption.
Justices Revive Havana Docks' Helms-Burton Suits Against Cruise Lines
The Supreme Court said cruise lines may face Title III liability for using Havana port docks confiscated after the Cuban Revolution, even though Havana Docks' concession would have expired before the cruises at issue.
FTC Seeks Input On Northrop Bid To End Orbital ATK Merger Order
Northrop Grumman is asking the Federal Trade Commission to reopen and set aside a 2018 consent order that imposed supply and firewall obligations after its Orbital ATK acquisition.
Eighth Circuit Says OSHA Penalty Collection Suit Came Too Late
The Eighth Circuit held that the government cannot use the Debt Collection Improvement Act to sidestep the five-year limitations period for collecting OSHA civil penalties.