Appellate

  • June 22, 2026

    Uber Must Produce Docs In Cal/OSHA Probe Of Driver's Death

    A California appeals court has ordered Uber to comply with a state workplace safety agency's request for information regarding an Uber Eats driver's fatal fall, ruling the agency was acting within its authority and can demand records regarding whether the worker could be considered an employee.

  • June 22, 2026

    Can Unread Emails Trigger Arbitration? 9th Circ. Airs Doubts

    Medical supplies giant Thermo Fisher Scientific pressed a Ninth Circuit panel Monday to agree that the company's repeated emails about litigation waivers should send an ex-employee's proposed class action to arbitration, but the judges repeatedly questioned why no one simply asked if the worker saw the emails.

  • June 22, 2026

    Jury Instruction Undercut Self-Defense Claim, Fla. Court Says

    A Florida appeals court has overturned a man's convictions and sentence for third-degree murder and attempted felony murder, finding that a jury instruction made it impossible for him to successfully mount a self-defense argument after he killed a man during a botched drug deal.

  • June 22, 2026

    Md. Voters Can't Weigh In On Data Center Zone, Judge Rules

    Voters in Frederick County, Maryland, will not be able to have a say on a data center development zone, a state judge ruled in an order docketed Monday, agreeing with developers that under the county's charter, an ordinance is not a law subject to referendum.

  • June 22, 2026

    Texas Asks Justices To Keep App Store Law In Force

    The Texas attorney general urged the U.S. Supreme Court to allow a state law requiring app stores to block minors from downloading apps without parental consent to remain in effect, arguing Monday that a lower court "committed several errors" in pausing the measure.

  • June 22, 2026

    NJ Appeals Court Affirms U-Haul Win In Atty Slip-And-Fall Suit

    An attorney who slipped while exiting a moving truck, falling on his face and breaking bone and teeth, cannot undo a jury verdict for U-Haul, a New Jersey appeals court ruled Monday, saying the lower court properly rejected his bid for a pretrial win.

  • June 22, 2026

    4th Circ. Says Allied Need Not Cover 'Beer Olympics' Injury

    A man who claims that he was paralyzed in an auto crash caused by alcohol provided to guests at a "Beer Olympics" party cannot recover from the host homeowners' insurance provider, the Fourth Circuit ruled on Monday, saying the policy's motor vehicle exclusion bars coverage.

  • June 22, 2026

    Mich. Appeals Court Affirms $3M Award In Equity Dispute

    The Michigan Court of Appeals upheld a $3 million award to a former employee of a wealth management company, saying Monday that enough evidence supported a jury's finding that CIG Capital Advisors deliberately misled the plaintiff about his ownership status and diverted revenue to hide profits.

  • June 22, 2026

    FCC Turns Away Effort To Repeal News Distortion Rules

    After dismissing an advocacy group's petition asking the Federal Communications Commission to reconsider how it enforces its rules against news distortion, agency staff told the D.C. Circuit Monday that it should not grant the advocates' request to force the agency's hand.

  • June 22, 2026

    7th Circ. Clears Hartford In Wire Fraud Coverage Fight

    An Illinois agency that administers financially distressed insurers' estates was correctly denied coverage of its own insurance claim stemming from fraudulent emails that caused employees to wire nearly $7 million away from the agency purportedly at the financial chief's direction, the Seventh Circuit ruled.

  • June 22, 2026

    Sodexo Can't Wipe Out Worker's Nicotine Fee Suit

    A California federal judge refused to toss a Sodexo worker's proposed class action alleging the global food services company wrongly charged nicotine-using employees $1,200 more a year for health insurance, opening discovery on allegations that a wellness program implementing the surcharge didn't meet all federal requirements.

  • June 22, 2026

    Full DC Circ. To Rehear Halt Of Alien Enemies Contempt Probe

    The full D.C. Circuit on Monday vacated a split panel ruling halting U.S. District Judge James Boasberg's criminal contempt inquiry into the Trump administration's Alien Enemies Act removals last year, agreeing to rehear the matter.

  • June 22, 2026

    9th Circ. Doubts California City's Ban On Off-Site Pot Ads

    A Ninth Circuit panel expressed doubts Monday about an ordinance in Perris, California, banning off-site advertising by cannabis dispensaries, noting that the city collects taxes on cannabis sales and questioning the city's assertion that cannabis use is illegal under federal law.

  • June 22, 2026

    Xinuos Says Judge Wrongly Recast IBM Copyright Fight

    A software company told a Second Circuit panel Monday that a New York federal judge had wrongly used her own arguments to recharacterize its copyright infringement claim against IBM into a time-barred ownership claim and give IBM a win.

  • June 22, 2026

    Atty's Bid To Void Wrongful Firing Award Revived

    A Florida appellate court revived an attorney's attempt to invalidate a nearly $353,000 award handed to a former employee in her wrongful termination case, ruling that the lawyer was entitled to challenge the judgment without satisfying the stay requirements under the state's Enforcement of Foreign Judgments Act. 

  • June 22, 2026

    Mich. Court OKs Conviction Of Man Who Filmed Traffic Stop

    A self-described First Amendment auditor who filmed a traffic stop has had his obstruction conviction upheld by a Michigan appeals court, which ruled that the right to record police did not allow him to ignore officers' lawful commands to keep a safe distance.

  • June 22, 2026

    Board Says Asylum Was Properly Denied In Light Of DUIs

    The Board of Immigration Appeals said an immigration judge reasonably denied a Cameroon man's bid for asylum based on multiple driving under the influence convictions, despite granting his application for withholding of removal to the African country.

  • June 22, 2026

    Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

    The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

  • June 22, 2026

    Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

    A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 22, 2026

    10th Circ. Says Fire Chief Immune From Termination Suit

    A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

  • June 22, 2026

    Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

    A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

    The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

  • June 22, 2026

    Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

    A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

Expert Analysis

  • 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.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

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