The Daily Litigator

NPR-style morning briefing on federal litigation — opinions, new suits, and the stories moving the docket
The Daily Litigator · Sep 30, 2026

Harvard's Arbitration Loss and Ellison's Four-Thousand-Dollar Airline

The First Circuit lets an arbitrator's bargaining-unit ruling stand against Harvard; the Ninth Circuit polices the Ellison and Au empires in the Hawaii Island Air collapse; a Tenth Circuit pension case turns on transitive verbs; and the Ninth Circuit declines, with eleven judges protesting, to revisit Oak Flat.

Oct 3, 2026·19:24

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.

Sep 29, 2026·15:30

The Ninth Circuit Slams the Interlocutory Door on FCA Defendants

Judge Tung rules the False Claims Act's military-membership bar is jurisdictional, not an immunity, so no collateral-order appeal. Plus: Chief Judge Murguia sends a Seattle DEI-training hostile-environment case to a jury, the Eleventh Circuit revives a certified bail class after a same-day policy swap, Judge Lee and Judge Taibleson fight over what undue-hardship proof a hospital owes, a state wins back its suit after a citizen-group consent decree ambush, and an Oregon grievance form stops the limitations clock.

Sep 28, 2026·16:16

The Ninth Circuit Puts DEI Training on Trial

Chief Judge Murguia sends a Seattle Race and Social Justice hostile-work-environment case to a jury, the Eleventh Circuit refuses to let a county moot a bail class by rewriting its policy mid-litigation, a gold mine cannot buy peace against a state from one citizen group, and the Seventh Circuit splits on vaccine mandate summary judgment.

Sep 26, 2026·17:35

Trapped in Amber: The Pentagon's Claude Ban Survives, Kalshi Loses the Sixth Circuit, and a Seesaw at the Supreme Court

The D.C. Circuit upholds the Department of War's supply-chain exclusion of Anthropic's Claude, the Sixth Circuit says Kalshi's sports contracts are not swaps and states are not preempted, Alstom wins standing but loses a three-billion-dollar Buy America fight, and the Supreme Court's emergency docket revives a voter-citizenship database and rebukes the Eighth Circuit on Missouri's map.

Sep 25, 2026·17:41

Removal Rewritten, Yearbooks Certified, and a Younger Split Over Cash Bail

The Ninth Circuit scraps its causal-nexus test for federal officer removal after Plaquemines, affirms a right-of-publicity class against Classmates.com, and rules a two-hundred-million-dollar HUD compliance deal was no alternate remedy under the False Claims Act, while the Third Circuit splits from the Fifth on Younger abstention and bail.

Sep 23, 2026·17:12

Safe Harbor: The Ninth Circuit Erases a $140 Million Credit-Check Verdict

A Ninth Circuit panel wipes out a hundred-forty-million-dollar Fair Credit Reporting Act class verdict on Safeco grounds, the D.C. Circuit vacates a Capitol-steps injunction under CASA and sends a cable-royalty split back for its missing math, and the Federal Circuit revives a VA whistleblower who said the agency's AI slowed veterans' claims.