The Daily Litigator · Oct 3, 2026

The Gateless Garage, the Stapler, and the Senator's Friend: Fifth Circuit Narrows the FDCPA's Originator Exception as the Ninth Circuit Splits on Vaccine Exemptions

Judge King holds the FDCPA originator exclusion requires collecting for another — and affirms anyway; a Texas stapler case dies on presuit notice and a hidden refile; four months is not a RICO pattern in the First Circuit; Judge Matsumoto builds the Groff undue-hardship record for hospitals over Judge Tung's dissent; Judge Ho on the audition trap.

9th Cir.·Civil Rights·

Ninth Circuit Refuses to Rehear Oak Flat Mining Case as Eleven Judges Say Court Got It Wrong

The denial clears the way for a copper mine to destroy a Western Apache sacred site, though separate writings call for Supreme Court review.

9th Cir.·Bankruptcy·

Ninth Circuit Says Withdrawn Bankruptcy Appeals Are Final Under § 1291, Splits With Sister Circuits

A 2-1 panel ruled that a district court judgment on a withdrawn adversary proceeding can be immediately appealed even while core bankruptcy matters continue.

6th Cir.·Securities·

Sixth Circuit Rules Kalshi's Sports Contracts Aren't Swaps, Reviving State Gambling Enforcement

The appeals court affirmed Ohio's denial of a preliminary injunction and vacated Tennessee's grant, holding that prediction market contracts are not protected from state gaming laws.

Top Stories

  1. 2nd Cir.·Tax·

    Second Circuit Rules Hedge Fund Principals Owe Self-Employment Tax on $141.5 Million

    Appeals court adopts functional test for 'limited partner' status, holding that founders who run the business cannot escape the 15.3% tax.

  2. 4th Cir.·Civil Rights·

    Fourth Circuit Rules Stingray Tracking Is a Search but Grants Officers Immunity

    A federal appeals court holds for the first time that cell-site simulators require a warrant, then shields the detectives who used one without one.

  3. Supreme Court·Civil Rights·

    Supreme Court Revives Modified Voter-Verification System Weeks Before Midterms

    A 6-3 stay order holds that IIRIRA's 'notwithstanding' clauses likely override the Privacy Act and Social Security Act to allow SSA data sharing with DHS.

  4. 6th Cir.·Civil Procedure·

    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.

  5. Fed. Cir.·Intellectual Property·

    Federal Circuit Holds Impossible Patent Claims Can Be Definite, But Still Fail Enablement

    The appeals court reversed an indefiniteness ruling, clarifying that scientific impossibility goes to enablement, not claim scope.

  6. 6th Cir.·Civil Rights·

    Sixth Circuit Revives First Amendment Suit Over Parking Citations Issued to Political Activist

    Panel declines to extend Hartman and Nieves probable-cause rules to minor civil enforcement actions like parking tickets.

More Developments

  1. D.C. Cir.·Contracts·

    D.C. Circuit Upholds Pentagon Blacklist of AI Maker Anthropic Over Safety Guardrails

    Anthropic's refusal to allow 'all lawful uses' of its Claude AI for the military qualifies as a supply chain risk, the court held.

  2. 10th Cir.·Employment·

    10th Circuit Revives Boilermakers' Pension Claims, Says Missing Deadline Notice Bars Defense

    The appeals court ruled that plan administrators who fail to tell claimants how long they have to sue cannot later invoke that deadline against them.

  3. 11th Cir.·Civil Rights·

    Eleventh Circuit Revives Alabama Bail Class Action, Limits Schultz Ruling on Mid-Suit Policy Changes

    A certified class saves challenges to Randolph County's prior bail practices from mootness despite mid-litigation policy swap.

  4. 5th Cir.·Bankruptcy·

    Fifth Circuit Affirms $825,000 Sanction Over Withdrawal Motion Filed Two Days Before Depositions

    Panel finds clear and convincing evidence that fund filed baseless claim, then tried to escape discovery while preserving claims for another forum.

  5. 9th Cir.·Employment·

    Ninth Circuit Grants Qualified Immunity to Hospital Officials Who Denied Nurse's Vaccine Exemption

    A divided panel ruled that no clearly established law in 2021 gave a healthcare worker a Free Exercise right to a religious exemption from a COVID-19 vaccine mandate.

  6. 7th Cir.·Employment·

    Seventh Circuit Affirms Hospital's COVID Vaccine Firing, Maps Post-Groff Hardship Evidence

    Split panel holds Cook County's CDC-grounded affidavits overcame pharmacist's religious challenge where she offered no evidence masking was a reasonable alternative.