Appellate

  • July 07, 2026

    2nd Circ. Says Investor Can Keep Bed Bath & Beyond Profits

    The Second Circuit on Tuesday found that a late investor in defunct retailer Bed Bath & Beyond can keep the profits from its sale of the company's stock, rejecting claims that a contractual cap on the investor's share ownership was a sham.

  • July 07, 2026

    6th Circ. Revives Pilot's Disability Claims In Vaccination Row

    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to get a second COVID-19 vaccine because he suffered a severe reaction from the first dose.

  • July 07, 2026

    DC Circ. Backs Tax Bribery Convictions Despite Jury Error

    A D.C. Circuit panel refused on Tuesday to reverse a lower court's judgments against two men in connection to a bribery scheme carried out to evade $2.3 million in business tax obligations, finding a jury instruction error "harmless," among other unsuccessful arguments.

  • July 07, 2026

    8th Circ. Says Murder Charge Backs Sentence Enhancement

    The Eighth Circuit held that a prior third degree murder conviction counts as a crime of violence for purposes of a later sentencing enhancement in a gun case because the Minnesota state law in the murder case was substantially similar to the generic definition of murder.

  • July 07, 2026

    7th Circ. Rejects Internet Scammer's Phone Search Appeal

    Federal border agents did not need a warrant or probable cause before manually searching a fraudster's cellphone for evidence upon his return flight to the United States, the Seventh Circuit said Monday, keeping the evidence a part of his case.

  • July 07, 2026

    DC Circ. Nixes Part Of IAM Fund's $13M Liability Win

    The D.C. Circuit on Tuesday partially unraveled an early win for a multiemployer pension fund in a dispute over $13 million in withdrawal liability against several Illinois truck dealership companies, holding the lower court needed to recalculate some of the interest and damages assessed.

  • July 07, 2026

    11th Circ. Upholds Block of Fla. 'Stop WOKE' Law

    The Eleventh Circuit upheld a lower court's preliminary injunction on a Florida law that restricts classroom discussion of race and gender, finding on Tuesday that the law violates the First Amendment's free speech protections. 

  • July 07, 2026

    Ohio Panel Says Man's Seizure Justifies Plea Withdrawal

    An Ohio state appeals court has ruled that a man who suffered a seizure in court prior to signing a plea agreement can withdraw from the deal because the medical emergency may have rendered him unable to intelligently enter into the agreement.

  • July 07, 2026

    Groups Tell 4th Circ. Not To Let Sandoz 'Relitigate' Enbrel

    Pharmaceutical groups and the Washington Legal Foundation backed Amgen in amicus briefs Monday urging the Fourth Circuit not to revive Sandoz's antitrust claims, arguing that if Sandoz wanted to litigate blocked biosimilar competition to Enbrel, it needed to do so when Amgen sued it for patent infringement.

  • July 07, 2026

    GM, Drivers Tell 6th Circ. Opt-Outs Delaying $150M Settlement

    General Motors and class members who secured a $150 million settlement in a class action over alleged fire risks in the Chevrolet Bolt on Tuesday asked the Sixth Circuit not to let a small group of drivers opt out of the deal — or hold it up in their attempts to do so.

  • July 07, 2026

    Feds Push 3rd Circ. To Restore ACA Birth Control Exemptions

    Lawyers for the Trump administration and a Catholic religious order Tuesday asked the Third Circuit to restore broad exemptions to the Affordable Care Act's birth control coverage mandate, arguing federal agencies had discretion to pass rules that effectively enabled employers to "opt in" to the mandate rather than opt out.

  • July 07, 2026

    NJ Union Loses Appeal In Insurance Opt-Out Arbitration Row

    A New Jersey appellate panel Tuesday affirmed a state labor agency's decision blocking arbitration over Essex County's refusal to pay health insurance opt-out reimbursements to correction officers who receive state health benefits through their spouses, finding state law preempted the union's grievance.

  • July 07, 2026

    ChatGPT Edits Weren't 'Knowing' Errors, Conn. Justices Told

    A GLG Law LLC lawyer who blamed ChatGPT for misquotes and citation errors in three filings told the Connecticut Supreme Court on Tuesday he did not violate an ethics rule requiring candor to the tribunal because his briefs, though inaccurate, contained correct assertions about the law.

  • July 07, 2026

    5th Circ. Again Nixes Challenge To La. 340B Drug Delivery Law

    A Fifth Circuit panel doubled down on its decision to uphold a Louisiana law prohibiting drug manufacturers from blocking contracts between pharmacies and providers in the federal 340B drug discount program, reiterating that conclusion upon rehearing but this time allowing intervention by an advocacy group.

  • July 07, 2026

    Ga. Justices Disbar Lawyer Over Child Welfare Guilty Plea

    The Georgia Supreme Court on Tuesday disbarred an attorney for violating the Georgia Rules of Professional Conduct after he pled guilty in August 2025 to one count of endangering the welfare of children in the third degree in New Jersey.

  • July 07, 2026

    5th Circ. Backs Saltgrass In Texas Restaurant Land Row

    The Fifth Circuit backed steakhouse chain Saltgrass Inc.'s quick win in a property contract dispute that involved the planned demolition of a former Joe's Crab Shack restaurant in Humble, Texas, ruling that the demolition contractually requires Saltgrass' permission.

  • July 07, 2026

    NJ Panel Backs Atty's Trimmed Government Pension Credits

    A New Jersey state appeals court said the state's public employee pension system was right to shave eight years of service off a government prosecutor's retirement credits, finding he couldn't skirt a change in law that blocked contractors of professional services from collecting benefits.

  • July 07, 2026

    Grocers' Microcaptive Not Valid For Tax Benefit, 7th Circ. Told

    Chicagoland grocery chain owners were not entitled to microcaptive tax benefits because they failed to establish a bona fide in-house insurance arrangement, the government told the Seventh Circuit, saying the U.S. Tax Court correctly held that state law does not control the federal tax definition of insurance.

  • July 07, 2026

    10th Circ. Revives Voter Intimidation Suit Over Canvassing

    The Tenth Circuit revived voter intimidation claims against three Colorado election activists and a private group they formed to investigate alleged voter fraud after the 2020 election, holding that a lower court wrongly tossed the group from the case and too narrowly limited evidence about its canvassing campaign.

  • July 07, 2026

    Justices To Defend Court's Budget In Rare Hill Testimony

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before House and Senate committees on July 14, marking the first time in seven years that a sitting justice has gone before lawmakers.

  • July 07, 2026

    Ex-DOJ Employees Tell Senate To Reject Blanche Nomination

    Hundreds of former Justice Department employees and appointees urged the Senate in a Tuesday letter to reject the nomination of acting Attorney General Todd Blanche for the permanent role, particularly noting what they called Blanche's work toward politicizing the department.

  • July 07, 2026

    Fed. Circ. Won't Revive Dental Patent Claims In Align Feud

    The Federal Circuit on Tuesday said it won't bring back claims in a pair of dental arch image analysis patents their owner accused Invisalign maker Align Technology Inc. of infringing, backing a lower court's finding that they were invalid.

  • July 07, 2026

    NBA Star Questions Ex-Agent's Money Woes In Fees Fight

    Two-time NBA All-Star Zion Williamson is opposing his former agent's efforts to avoid paying nearly $686,000 in legal fees stemming from a lengthy contract dispute in North Carolina federal court, questioning the agent's claims of "extreme financial hardship."

  • July 06, 2026

    10th Circ. Sides With Gas Wholesalers In Storm Price Hike Suit

    Residential natural gas customers can't pursue wholesalers under Kansas state law for profiteering from a winter storm that caused natural gas prices to spike, the Tenth Circuit ruled Monday, finding their claims federally preempted under the Natural Gas Act.

  • July 06, 2026

    Top Energy & Enviro Decisions Of 2026: Midyear Report

    The first half of 2026 saw the Trump administration's push to restrict renewable energy development hit judicial speed bumps and the U.S. Supreme Court potentially change the course of long-running cases that pit state governments against oil and gas heavyweights. Here are several court decisions that stood out for energy attorneys in the first half of this year.

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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