Appellate

  • August 19, 2026

    SCOTUSblog Founder Goldstein Seeks Release During Appeal

    SCOTUSblog founder Thomas Goldstein on Tuesday asked to be released from federal custody while he appeals his 12 tax and mortgage fraud convictions and a six-year prison sentence, saying he is not a flight risk and it would be a "grave injustice" for him to begin a sentence he believes will eventually get axed.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    Colo. Justices To Weigh Insurer's Policy Disclosure Duty

    The Colorado Supreme Court has agreed to review whether an insurer must turn over an auto insurance policy under state disclosure law even when the policy was not in effect at the time of the underlying accident.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    Ga. Appeals Court Says Hospital Must Face Negligence Suit

    A Georgia hospital will have to face a woman's suit alleging her husband died because one of its employees dropped him during a bed transfer, the Georgia Court of Appeals said, faulting a trial court's ruling that she needed to file an expert affidavit.

  • August 18, 2026

    7th Circ. Says Resort Co. Waited Too Long For TCPA Suit Arb.

    The Seventh Circuit on Tuesday concluded Club Exploria's conduct in a long-running Telephone Consumer Protection Act case was inconsistent with its intent to arbitrate as it waited four years to raise arbitration and finding its decision to hire new lawyers "late in the game cannot excuse prior counsel's lack of diligence."

  • August 18, 2026

    DC Circ. Backs EPA Forever Chemicals Rules

    The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments from industry that the agency didn't have a legal basis to do so.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Pa. Justices Vacate New Trial Grant In Child Murder Case

    The Pennsylvania Supreme Court on Tuesday vacated a court's decision to grant a new trial to a man sentenced to death for strangling his ex-girlfriend and her 5-year-old daughter and staging the crime scene as a murder-suicide, saying strong evidence of his guilt outweighed his post-conviction relief claims.

  • August 18, 2026

    7th Circ. Rejects Ex-Cushman GC's Defamation Revival Bid

    Cushman & Wakefield's former general counsel cannot pursue an Illinois defamation claim over a Law.com article and subsequent revision he claims improperly linked his departure to subpoena deadline mismanagement in a Trump Organization property tax probe, the Seventh Circuit said Tuesday.

  • August 18, 2026

    DC Circ. Revives Part Of Fight Over Braille-Free Drug Label

    The D.C. Circuit on Tuesday partially vacated a lower court judgment that had upheld the U.S. Food and Drug Administration's approval of a label without braille for Teva Pharmaceuticals' generic version of a drug often prescribed to blind people.

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    Feds Seek Full 4th Circ. Review Of DEI Firings Row

    The federal government urged the Fourth Circuit to review a split panel's decision requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with assignments related to DEI and accessibility to appeal their terminations.

  • August 18, 2026

    Ga. Justices Won't Revisit MARTA Rider's Injury Case

    Georgia's justices said they will not take up the case of a woman who alleged she was injured when a Metropolitan Atlanta Rapid Transit Authority bus driver started driving while she was still paying her fare, allowing a summary judgment ruling in favor of MARTA and the driver to stand.

  • August 18, 2026

    Fla. Panel Undoes Fraud Finding In Pot Extract Machine Suit

    A Florida entrepreneur and engineer accused of failing to deliver on a marijuana extraction system known as the Green Machine will get an opportunity to convince a jury he's not on the hook for the device, a state appeals court ruled, saying a trial is needed to determine whether he is personally responsible.

  • August 18, 2026

    Texas Court Wipes Ex-GloriFi CEO's Claims Against Investor

    A Texas appellate court tossed counterclaims brought by the former CEO of defunct conservative fintech company GloriFi against an erstwhile investor, saying he failed to show the investor defamed him.

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Tax Court's Petition Deadline Isn't Flexible, 1st Circ. Rules

    The deadline for filing a petition in the U.S. Tax Court isn't a jurisdictional bar that prevents the court from hearing a Maine company's late-filed challenge of a transferee liability notice for unpaid taxes, but the deadline can't be extended to create fairness, the First Circuit said.

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

Expert Analysis

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

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