Appellate

  • July 14, 2026

    8th Circ. Won't Undo Pot User's Gun Conviction

    The Eighth Circuit won't vacate a man's conviction for possession of a firearm while being an unlawful drug user, finding that the government produced enough evidence to show that he fit historical laws disarming those who created "terror of the people."

  • July 14, 2026

    Trial, Appellate Judges Duel For Wash. Supreme Court Seat

    In one of the most-watched races for the five Washington State Supreme Court seats on the ballot this election season, a state appellate judge and a Seattle-area superior court judge are competing to succeed the high court's longest-sitting justice.

  • July 13, 2026

    9th Circ. Backs Block On FinCEN Border Cash Reporting Reqs

    The Ninth Circuit Monday affirmed a temporary block on a Trump administration rule that singles out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, agreeing that a plaintiff money service business will likely suffer irreparable harm.

  • July 13, 2026

    2nd Circ. Backs NYC Law Blocking Broker Fees For Tenants

    The Second Circuit held Monday that a lower court was correct to refuse to preliminarily block a New York City law prohibiting certain landlord broker fees, ruling that the city has pointed to legitimate government interests that warrant the law.

  • July 13, 2026

    7th Circ. Nixes Clearview AI Privacy Deal Over Class Rift

    The Seventh Circuit has vacated a novel biometric privacy settlement between Clearview AI and classes of individuals who claim the company misused their public photos, saying a nationwide class representative should have signaled their agreement before the district court approved a deal containing such comparatively "meager" benefits.

  • July 13, 2026

    2nd Circ. Says Tylenol Maker Must Face Autism, ADHD Suits

    The Second Circuit said Monday that a lower court had wrongly excluded plaintiffs experts from testifying about an alleged relationship between using Tylenol during pregnancy and autism spectrum disorder and attention-deficit/hyperactivity disorder, although the panel cautioned that the decision was not political or scientific.

  • July 13, 2026

    9th Circ. Reiterates 'Prevailing Party' In Family Dollar ADA Suit

    A woman who won an order forcing a Family Dollar store to improve its accessibility is a "prevailing party" under the Americans with Disabilities Act and may recover attorney fees, the Ninth Circuit ruled Monday, saying the lower court misunderstood precedent regarding whether a plaintiff has prevailed in the litigation.

  • July 13, 2026

    After Favorable Ruling, Maxell Files New Samsung ITC Suit

    Japan's Maxell Ltd. alleged in a U.S. International Trade Commission suit Friday that South Korea-based Samsung's smartphones and tablets infringe six patents, days after an ITC judge backed Maxell in a separate case and recommended an import ban on infringing Samsung devices.

  • July 13, 2026

    10th Circ. Revives Gay Bias Harassment Suit Against Walmart

    A gay New Mexico man's bias suit against Walmart was partially revived by the Tenth Circuit on Monday after the panel found the lower court incorrectly granted the company summary judgment on a hostile work environment claim after finding the alleged harassment based on the employee's sexual orientation wasn't pervasive.

  • July 13, 2026

    Trump Cuts 3M Acres From Utah Monument Protections

    President Donald Trump on Monday rolled back federal protections on the Grand Staircase-Escalante and Bears Ears national monuments in Utah, a move that environmental groups said they will fight to block in court.

  • July 13, 2026

    4th Circ. Says Manual Cellphone Searches At Border Are Legal

    The Fourth Circuit has ruled that manual searches of a cellphone at the border are legal because they are considered routine and do not require individualized suspicion by a border agent about whether a crime has occurred.

  • July 13, 2026

    Judge Newman Won't Reopen High Court Suspension Battle

    Federal Circuit Judge Pauline Newman did not ask the U.S. Supreme Court to reconsider her bid to save a suit against her fellow judges for suspending her from the bench over her refusal to undergo medical tests.

  • July 13, 2026

    2nd Circ. Orders New Trial In NYPD Search, Prosecution Suit

    A Second Circuit panel on Monday ordered a new civil trial for four New York Police Department officers found liable for busting into an apartment without a warrant and arresting one of its occupants without cause, saying the district court erroneously refused to allow jurors to hear recordings of phone calls that cast doubt on the plaintiff's credibility.

  • July 13, 2026

    Custodia Urges Justices To Take Up Fed Master Account Fight

    Crypto-focused Custodia Bank is asking the U.S. Supreme Court to take up its challenge of a Tenth Circuit ruling that backed Federal Reserve banks' discretion to deny master accounts to otherwise eligible banks, arguing the decision empowers unappointed regional bank presidents to deny "disfavored" banks access to critical payment services.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SC City Urges Justices To Skip Beach-Gear Rental Case

    The city of North Myrtle Beach, South Carolina, is opposing a bid from a beach equipment rental company asking the U.S. Supreme Court to review its challenge to city ordinances it says violate the Sherman Antitrust Act.

  • July 13, 2026

    7th Circ. Won't Reopen White Infosys Workers' Bias Suit

    The Seventh Circuit refused Monday to revive a lawsuit alleging Infosys Technologies exhibited systemic bias against workers who weren't of South Asian descent, finding no issue with the trial court's rejection of an expert who admitted he lacked experience with the name-recognition methodology he used.

  • July 13, 2026

    NJ Justices Revamp Test For Certain Zoning Variances

    The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.

  • July 13, 2026

    GOP States Back Bid To Restore Voter Database Expansion

    A group of Republican-led states is calling on the D.C. Circuit to stay a lower court decision vacating the Trump administration's changes to a database used to verify voters' citizenship or immigration statuses, saying that a number of state laws cannot be executed if Social Security number searches are not allowed.

  • July 13, 2026

    Software Co.'s Lack Of 'Diligence' Dooms Late TM Suit Update

    A North Carolina federal judge has faulted a software company's "lack of diligence" in submitting proper paperwork to the U.S. Patent and Trademark Office and notifying the court its trademark was canceled as the judge denied the company's request to amend its lawsuit against a European rival.

  • July 13, 2026

    J&J Asks 3rd Circ. To Block Return Of Ex-Worker's Fee Claims

    Johnson & Johnson has asked the Third Circuit to keep dismissed excessive fee claims out of a proposed class action alleging the company charged employees too much for a prescription drug benefits program, arguing that the lower court correctly tossed that portion of the suit for lack of standing.

  • July 13, 2026

    2nd Circ. Rejects Bid To End NYC's Congestion Pricing

    The Second Circuit on Monday upheld New York City's congestion pricing, rejecting two suburban counties' claims that Manhattan's congestion pricing tolls are discriminatory and unconstitutionally restrict motorists' right to travel.

  • July 13, 2026

    Government Backs Tax Evader's Higher Sentence At 4th Circ.

    A West Virginia federal judge correctly handed down an enhanced sentence to a real estate appraisal business owner convicted of failing to pay employment taxes, federal prosecutors told the Fourth Circuit, urging the court to affirm the court's sentence.

  • July 13, 2026

    Ill. Conforms Property Tax Law With High Court Takings Case

    Illinois updated parts of its property tax code to clarify that tax authorities cannot keep more than a debtor owes under a bill approved by Democratic Gov. J.B. Pritzker.

  • July 13, 2026

    7th Circ. Revives Teva Suit Over Eli Lilly Generic Drug Block

    The Seventh Circuit on Monday revived a breach-of-contract lawsuit against Eli Lilly, ruling that an earlier legal settlement under which Eli Lilly agreed not to block the approval and marketing of Teva Pharmaceuticals' generic version of its osteoporosis drug Forteo didn't necessarily expire when the underlying patents did.

Expert Analysis

  • 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.

  • 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.

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