The odds of success in the Georgia Supreme Court
10/13/26
By: Jacob Daly
Most appellate litigators know that the odds of the Georgia Supreme Court granting a petition for a writ of certiorari are low, but just how low are they? A previous blog post analyzed the numbers …
Four circuit splits the Supreme Court is poised to resolve this term
10/1/26
By: Juliana Sleeper and Robert Scavone Jr.
The United States Supreme Court’s October Term 2026 begins on October 5. As in every Term, the Court’s docket spans a wide range of constitutional, statutory, and procedural issues. …
Eleventh Circuit rejects all-or-nothing dismissal of state-law claims
9/30/26
In a significant decision for federal practitioners, the Eleventh Circuit addressed an issue it had not previously resolved: whether a district court may continue exercising supplemental jurisdiction over some state-law claims while declining jurisdiction …
Fewer murder appeals, bigger civil questions? The civil side of Coleman
8/18/26
By: Juliana Sleeper
Sometimes the most consequential part of an appellate decision is not what the court decides about the case before it. It is what the court tells us about the cases still coming. That is what …
When jurors do their own research: Tennessee Court sets new trial standard
8/7/26
For claims professionals, healthcare providers, and defense counsel, juror misconduct allegations can transform a defense verdict into years of additional litigation. A recent Tennessee Supreme Court decision provides important guidance on when a …
Beyond minimum contacts: The Eleventh Circuit applies Fuld to foreign defendants
8/7/26
The Eleventh Circuit’s published decision in Rodriguez v. Imperial Brands, PLC, No. 24-11487 (11th Cir. July 23, 2026), provides the court’s first substantial account of federal personal jurisdiction after the Supreme Court’s decision in …
7/28/26
By: Sunshine Fellows
In a significant decision for employers, the U.S. Court of Appeals for the Third Circuit recently reaffirmed that the Americans with Disabilities Act (ADA) and the Family and Medical Leave Act (FMLA) protect employees from …
Navigating cross-appeals: Strategic precision and jurisdictional pitfalls
7/6/26
The appellate process often turns not on the merits alone, but on a practitioner’s command of procedural nuance.
Few areas illustrate this more sharply than cross-appeals. Two recent decisions, Stabosz v. Friedman, 2026 …
The red bow tie problem: Pitchford, Batson step three, and the civil lawyer’s job at jury selection
6/29/26
By: Juliana Sleeper
A Batson challenge is made. The courtroom tightens. The juror chart suddenly looks more important than it did five minutes ago. Someone flips through notes. Someone else pretends not to.
Then the lawyer defending …
Eleventh Circuit: Sexualized football hazing can be actionable under Title IX
6/24/26
The Eleventh Circuit’s decision in C.W. v. Steve Smith and Piedmont City School District (June 17, 2026) is a significant reminder that athletic hazing does not become legally benign because it is labeled “horseplay,” …
Supreme Court narrows FAAAA preemption for transportation brokers
5/21/26
The Supreme Court has closed a major preemption door for transportation brokers. In Montgomery v. Caribe Transport II, LLC (May 14, 2026), the Court held that the Federal Aviation Administration Authorization Act does not …
5/8/26
The Supreme Court issued last week its long-anticipated redistricting decision in Louisiana v. Callais, — S. Ct. —, 2026 WL 1153054 (April 29, 2026). The Court did not strike down Section 2 of the …