Appellate

  • June 16, 2026

    US Bank Tells 8th Circ. Flawed Expert Doomed Retirees' Suit

    U.S. Bancorp urged the Eighth Circuit to back its win over a lawsuit alleging it shortchanged workers who opted to retire early, asserting Tuesday that the trial court got it right when it nixed the retirees' expert opinion for utilizing abnormal actuarial methods.

  • June 16, 2026

    Colo. Justices Limit Public Defense Help In Posttrial Motion

    The Colorado Supreme Court has ruled that a man is not allowed to have a public defender supplement his ineffective assistance of counsel motion after the defendant's private counsel filed the initial motion and immediately withdrew from the case.

  • June 16, 2026

    2nd Circ. Won't Let Man Reverse Tax Plea Over Bad Advice

    The Second Circuit issued a summary order Tuesday affirming the conviction of a Connecticut man who pled guilty to tax crimes, disagreeing that allegedly misleading advice from trial attorneys about the immigration implications of his plea warranted his withdrawing it.

  • June 16, 2026

    Judge Says Trump Admin Must Explain Park Sign Burden

    The Trump administration must explain how it will be harmed by an order requiring it to restore climate change, slavery and Indigenous history information to National Park Service sites by Independence Day after it asked a federal court to pause the decision pending a First Circuit appeal.

  • June 16, 2026

    Ex-Reed Smith Atty Seeks Appellate Review Of Bias Damages

    A former Reed Smith LLP attorney suing the firm for gender discrimination urged a state appeals court Tuesday to grant her bid to appeal a ruling on her available damages, arguing that the appeal is necessary to clarify a prior appellate decision.

  • June 16, 2026

    Colo. Justices Say PUD Pacts Can't Be Changed By Ballot

    Planned unit development agreements are administrative matters that must be changed through the statutory amendment process, not by citizen initiative, the Colorado Supreme Court ruled, blocking a bid by a property owner and local petitioners to put a Telluride PUD change before voters.

  • June 16, 2026

    Georgia Atty Disbarred For Terror Threats, Intimidating Judge

    A Georgia criminal defense and personal injury attorney serving a seven-year prison term for threatening and intimidating court personnel, including members of the district attorney's office and a Superior Court judge, was stripped of his state law license on Tuesday.

  • June 16, 2026

    Remote Workers Tell 6th Circ. Boot-Up Time Compensable

    Remote call center workers handling inbound patient calls from home have argued before a Sixth Circuit panel that their employer failed to pay them in accordance with the Fair Labor Standards Act for pre-shift computer startup work integral to their jobs.

  • June 16, 2026

    Chamberlain Hrdlicka Gets New Look At $700K Award In Texas

    The Texas Supreme Court has granted a request from Chamberlain Hrdlicka White Williams & Aughtry to review lower court rulings that left the firm on the hook for $700,000 in a breach of contract dispute with a cost-cutting consultant, which the firm claims should have received no more than $40,000.

  • June 16, 2026

    3rd Circ. Rejects Ex-Union President's Speedy-Trial Fight

    A Third Circuit panel on Tuesday said a former union president convicted of embezzlement alongside former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty was not denied a speedy trial in his yearslong prosecution, ruling that delays in the case were justified. 

  • June 16, 2026

    Justices' Penalty Ruling Won't Sink Tax Case, 5th Circ. Told

    The U.S. Supreme Court's recent decision upholding federal agency fines without a jury trial doesn't undermine a challenge against IRS penalties tied to a charitable tax deduction for a Louisiana conservation easement contribution, the partnership donor told the Fifth Circuit.

  • June 16, 2026

    Building's $108M Taxable Value Too High, Minn. Justices Told

    A Minnesota office building was overvalued at $108 million, its owner told the state Supreme Court, challenging the state tax court's reconciliation of competing appraisers' conclusions and other matters.

  • June 16, 2026

    Trade Court Backs Duty Redo For Canadian Wind Towers

    Certain wind towers imported into the U.S. from Canada will be subject to a 2.93% antidumping duty rate after the U.S. Court of International Trade signed off on Department of Commerce recalculations.

  • June 16, 2026

    4th Circ. Turns Down Bacardi Challenge To Rum TM Renewal

    The Fourth Circuit on Tuesday rejected Bacardi's challenge to the U.S. Patent and Trademark Office's renewal of a Cuban company's expired trademark registration for Havana Club rum, finding a retroactive approval to pay the registration fee to be valid.

  • June 16, 2026

    SCOTUSblog Founder Goldstein Denied Acquittal Or Retrial

    A Maryland federal judge on Tuesday denied SCOTUSblog founder Tom Goldstein's bid for an acquittal or new trial, rejecting his claims that issues with jury instructions and excluded evidence warranted a do-over in his tax evasion and mortgage fraud case.

  • June 16, 2026

    6th Circ. Revives Superintendent's Suit Over Forced Leave

    The Sixth Circuit reopened a Michigan school superintendent's lawsuit alleging she was subjected to a sham misconduct investigation and involuntarily placed on leave because she's a woman who made unpopular decisions, ruling a trial court applied an improperly high standard when it refused to let her amend her complaint.

  • June 16, 2026

    These Firms Secured The Most Damages In The Last 3 Years

    Government lawyers had a strong success rate in federal courts over the last three years, but intellectual property litigation saw certain firms secure damage awards worth hundreds of millions of dollars for clients, according to Lex Machina's Law Firms Activity Report 2026 released on Tuesday.

  • June 15, 2026

    Newman's Appeal Loss Shows Limits On Suspension Reviews

    The U.S. Supreme Court's rejection on Monday of Federal Circuit Judge Pauline Newman's appeal in the long-running dispute over her suspension made clear that the available routes to challenge such orders are narrow, and spurred critics to contemplate ways to revise the system.

  • June 15, 2026

    Med Groups Slam HHS 'Red Herring' Bid To Fast-Track Appeal

    Medical groups who won an order halting the Trump administration's modified childhood vaccination schedule on Monday urged the First Circuit to ignore the U.S. Department of Health and Human Services' "red herring" arguments for an expedited appeal, saying the agency has for months stalled the process.

  • June 15, 2026

    Justices Take Texas Challenge Of 'Unavailable' Habeas Claim

    The U.S. Supreme Court Monday agreed to hear Texas' challenge of a Fifth Circuit decision to allow a man's successive habeas claim under a rare exception for "previously unavailable" claims under the Antiterrorism and Effective Death Penalty Act of 1996.

  • June 15, 2026

    6th Circ. Says Auto Mogul Must 'Pay Up' In Lengthy Loan Spat

    The Sixth Circuit on Monday upheld a $750 million judgment and a separate $20 million contempt ruling against the owner of an auto parts manufacturer in a 24-year-old fight over a defaulted loan, ruling that the mogul must "pay up."

  • June 15, 2026

    'Skill Games' Should Be Treated Like Slots, Pa. Justices Say

    Tens of thousands of "skill games" that have proliferated around Pennsylvania should be considered slot machines and restricted to licensed and regulated gambling facilities, the state Supreme Court ruled Monday.

  • June 15, 2026

    Attys Want Up To $33M In Long-Running UBH Benefits Fight

    Attorneys for employee benefit plan participants who sued to change how United Behavioral Health processed claims for mental health and substance use disorder treatment asked a California federal court for up to $33 million in fees and expenses for their work on the "groundbreaking" case.

  • June 15, 2026

    Facebook Users Ask 9th Circ. To Fix Jury Role 'Usurpation'

    The Ninth Circuit must undo a lower court's ruling that killed an antitrust suit brought by Facebook users after the district court judge found the novel theory propping up the suit held no water, the users have said, and that Facebook's parent company cannot defend the lower court's "usurpation of the jury's role."

  • June 15, 2026

    1st Circ. Says Puerto Rico Bankruptcy Doesn't Shield Officials

    The First Circuit ruled that Puerto Rico's financial restructuring does not protect government officials from being sued in their personal capacities for alleged civil rights violations, rejecting the arguments of the territory's financial oversight board.

Expert Analysis

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • 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.

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