Appellate

  • May 18, 2026

    Justices Won't Revive LA Schools COVID Vaccine Policy Suit

    The U.S. Supreme Court on Monday declined to review whether the Los Angeles Unified School District's COVID-19 vaccine mandate for employees passes constitutional muster, keeping in place the Ninth Circuit's ruling that relied on a 121-year-old high court precedent upholding a city's smallpox vaccine policy.

  • May 18, 2026

    Amputee Keeps $55M Verdict Over Freight Cos., Driver's Estate

    A New Jersey appeals court said on Monday it won't disturb a $55 million verdict awarded to a motorist who lost both of her legs in a collision with a tractor-trailer, holding that there was no miscarriage of justice.

  • May 18, 2026

    Pa. High Court Snapshot: Wegmans, PennDot Top May Lineup

    The Pennsylvania Supreme Court's May session begins Tuesday with an argument whether the state's Department of Transportation can be sued over a tree branch that fell onto a state road, even though the tree itself was growing from Southeastern Pennsylvania Transportation Authority property.

  • May 18, 2026

    Fla. Court Revives Child Abuse Case Against YMCA

    A Florida appeals court has revived part of a lawsuit by the parents of a 3-year-old girl who says she was molested by boys on a YMCA playground, ordering the district court to allow the parents to amend two of their claims.

  • May 18, 2026

    Justices Skip Review Of Accountant Strict Liability Standard

    The U.S. Supreme Court on Monday declined to review a Ninth Circuit decision holding that legal liability does not extend to auditors who certify a client's financial statements for initial public offerings, even if those statements are later found to contain alleged misstatements.

  • May 18, 2026

    Interest Wrongly Refunded Is Subject To Relief, 4th Circ. Says

    A woman is eligible for innocent spouse relief on interest owed to the IRS after an erroneous refund, the Fourth Circuit held Monday, reversing a 2024 U.S. Tax Court ruling.

  • May 18, 2026

    Conn. Justices Uphold Murder Verdict Despite Juror Fear

    A man sentenced to 40 years in prison for killing a member of a rival group in 2008 should not have a new trial, although one juror told another she was concerned for her safety after interacting with someone attending the proceeding, the Connecticut Supreme Court has affirmed.

  • May 18, 2026

    HMRC Wins Appeal In £56M Supplements Dispute

    A supplements provider can rely only on expert evidence limited to the nutritional quality of the products in a £56 million ($75 million) value-added tax dispute with HM Revenue & Customs, a London tribunal said in a ruling siding with the tax agency released Monday.

  • May 18, 2026

    Trump Seeks Circuit Seats For 2 Judges He Appointed

    President Donald Trump's recent picks for the Eighth and Tenth Circuits mark the first time in his second administration that he's seeking to elevate judges he appointed in his first term.

  • May 18, 2026

    Murdaugh Sues Ex-Court Clerk Who Swayed Murder Trial Jury

    Disgraced attorney Alex Murdaugh is suing the court clerk whose attempt to influence the jury in his murder trial led the South Carolina Supreme Court to overturn his murder conviction.

  • May 18, 2026

    11th Circ. Doubts Amazon's Appeal Of Captive Audience Ban

    Amazon appeared likely Monday to lose its challenge to the National Labor Relations Board's ban on mandatory anti-union meetings after an Eleventh Circuit panel doubted the company's standing to fight the policy, which the board announced but did not apply in a decision involving the company.

  • May 18, 2026

    Hanover Not Liable For Coverage Gap, Mass. Court Affirms

    Hanover Insurance Co. is not responsible for a Massachusetts property owner's inadequate coverage, an intermediate state appellate court said Monday, rejecting arguments that the insurer's familiarity with the home it had insured for nearly two decades created such a duty.

  • May 18, 2026

    Return's Fraud Voids Assessment Deadline, IRS Tells Justices

    The IRS can slap a tax assessment against a taxpayer without time constraints when a return is fraudulent, even if a third-party preparer was the scammer, the agency told the U.S. Supreme Court in opposing a woman's petition for relief from what she alleges was her accountant's deception.

  • May 18, 2026

    Farmers Secures Retrial On $6.4M Medical Costs Award

    A California state appeals court ordered a limited retrial of a jury's nearly $6.4 million economic damages award in a drunk driving dispute, saying the trial court erred by allowing a life care planning expert to testify about the costs of the crash victim's past and future medical care.

  • May 18, 2026

    2nd Circ. Looks Poised To Uncork Reversal In Wine TM Fight

    The Second Circuit appeared inclined Monday to reverse a trial judge's findings that left a California winery owing $1.3 million to Italian vintner Cesari SRL in a well-aged trademark dispute, with three judges suggesting the case was improperly decided.

  • May 18, 2026

    Justices Deny Eli Lilly's Qui Tam Constitutional Challenge

    The U.S. Supreme Court on Monday declined to review Eli Lilly's $183 million trial loss to a whistleblower who claimed the drugmaker knowingly defrauded the government by underpaying Medicaid drug rebates.

  • May 18, 2026

    Justices Pass On Bakery Distributors' FAA Arbitration Fight

    The U.S. Supreme Court declined on Monday to review whether a Federal Arbitration Act exemption applies to agreements between two business entities when neither is a worker, leaving intact a Second Circuit decision that sided with two delivery drivers seeking to pursue their claims in court rather than arbitration.

  • May 18, 2026

    Ex-Pol's Insider Trading Case Not Fit For Top Court Review

    The U.S. Supreme Court on Monday declined to take up former Indiana Rep. Stephen Buyer's appeal of his insider trading conviction, after he urged the justices to correct what he deemed to be an "outdated" venue rule that steers many such cases toward the Southern District of New York.

  • May 18, 2026

    Colo. Justices Tell Hospital To Resume Gender-Affirming Care

    The Colorado Supreme Court ordered Children's Hospital Colorado on Monday to resume its provision of gender-affirming care for transgender youth patients, finding the patients demonstrated actual harm from the denial of care.

  • May 18, 2026

    Justices Won't Decide If Contractor Fees Are Payroll Costs

    The U.S. Supreme Court said Monday that it won't review an information technology company's bid for full forgiveness of a $7.2 million Paycheck Protection Program loan, letting stand the Third Circuit's decision that the Small Business Administration rightfully denied the request because the company's payments to independent contractors did not count as "payroll costs."

  • May 18, 2026

    Justices Seek Solicitor's Input In GEO Group Immunity Case

    The U.S. Supreme Court asked for the U.S. solicitor general's input Monday in a case that questions whether the GEO Group is covered by intergovernmental immunity and therefore able to pay immigrant detainees $1 a day for their work.

  • May 18, 2026

    High Court Spurns Pharma Challenges To IRA Drug Price Talks

    The U.S. Supreme Court rejected six petitions Monday from pharmaceutical giants seeking to bring down the Medicare drug price negotiations established as part of the Inflation Reduction Act three years ago.

  • May 18, 2026

    High Court Remands ND Tribes' Voting Rights Act Fight

    The U.S. Supreme Court remanded and vacated an Eighth Circuit challenge by two North Dakota tribes that looks to overturn a ruling prohibiting lawsuits against states for violating Section 2 of the Voting Rights Act, a decision civil rights groups say could disenfranchise voters in seven states.

  • May 18, 2026

    Justices Deny Loper Bright-Based Challenge To 1-Line Orders

    The U.S. Supreme Court on Monday rejected yet another challenge to the Federal Circuit's use of one-line orders to affirm Patent Trial and Appeal Board decisions, a practice CAO Lighting Inc. argued violates the high court's Loper Bright Enterprises v. Raimondo precedent.

  • May 18, 2026

    Justices Won't Review Denial Of Luxottica Arbitration Push

    The U.S. Supreme Court on Monday turned away eyewear giant Luxottica's bid for review of a Second Circuit decision that allowed certain claims in a proposed benefits class action to proceed in New York federal court rather than in arbitration.

Expert Analysis

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

  • 'Skinny Label' Arguments Spotlight Induced Infringement Risk

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    Recent oral arguments before the U.S. Supreme Court in Hikma Pharmaceuticals v. Amarin Pharma highlight the uncertain boundary between lawful generic competition through so-called skinny labels and induced patent infringement, with potential implications for patent holders’ communication, enforcement and causation strategies across industries, says Anton Hopen at Trenam.

  • A Framework For Habeas Relief After 5th Circ. Bond Ruling

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    Following the Fifth Circuit’s recent Buenrostro-Mendez v. Bondi decision foreclosing statutory bond for detained nonimmigrants not deemed admitted to the U.S., lawyers should adopt a framework that requests habeas relief pursuant to the Fifth Amendment’s due process clause, says Kemal Hepsen at Mandamus Lawyers.

  • 4th Circ. Ruling Will Rewrite Class Action Litigation Strategies

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    The Fourth Circuit's recent decision in Oliver v. Navy Federal Credit Union is the first from a federal circuit court to hold that motions to strike are inappropriate vehicles for challenging class allegations at the pleading stage, invalidating a tactic that had been used for decades, says Jim Francis at Francis Mailman.

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

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