Appellate

  • July 21, 2026

    Minn. County Urges State Justices Review School Tax Break

    A Minnesota childcare center that missed a filing deadline related to a property tax exemption for educational institutions should not have been allowed to appeal the matter to the state tax court, a county told the state Supreme Court, urging it to review the case.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

  • July 20, 2026

    4th Circ. Upholds Conviction Despite Closed Court Testimony

    The Fourth Circuit on Monday ruled that a North Carolina man was given a fair trial even though the courtroom was temporarily closed after a witness believed someone in the audience was trying to intimidate them.

  • July 20, 2026

    10th Circ. Backs Debt Collector In FCRA Identity Theft Dispute

    A Georgia-based debt collection company does not have to face a $500,000 jury verdict that it failed to reasonably investigate a disputed debt involving identity theft, the Tenth Circuit ruled Monday, joining other circuits in holding that it's up to the consumer to show the underlying information was incorrect.

  • July 20, 2026

    Filing Delay Dooms Mother's Traffic Stop Suit, 6th Circ. Finds

    A split Sixth Circuit panel has dismissed a woman's civil rights lawsuit alleging a Nashville police officer illegally arrested her and lied that she led him on a car chase with her son in the car, finding she waited too long to sue even though prosecutors withheld dispatch recordings that supported her story for years.

  • July 20, 2026

    DOJ Hints Russian Court Ruling May Not Stop $5B Award

    The Trump administration on Monday urged the D.C. Circuit to closely evaluate a Russian court's determination that an underlying arbitration agreement is invalid as it weighs whether to enforce a nearly $5 billion arbitral award against the Kremlin, saying circumstances surrounding the ruling should be a factor.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    9th Circ. Says Age-Based Groups Are Immutable In Asylum Bid

    The Ninth Circuit Monday revived the asylum bid of a Mexican mother and her children who escaped masked men, saying an immigration appeals panel disobeyed its own precedent when rejecting an age-based social group she based her petition on.

  • July 20, 2026

    Scientist Seeks To Enforce Journalist's 2024 Contempt Order

    Yanping Chen, a scientist who accused an FBI agent of leaking her confidential immigration records to former Fox News correspondent Catherine Herridge, is asking a D.C. federal judge to finally enforce a yearsold contempt order against Herridge now that the appeals process has run its course.

  • July 20, 2026

    Denver Strip Club Says Officer's Suit Taints Labor Appeal

    A Denver strip club Friday asked a state court judge to prohibit a Denver Labor hearing officer from presiding over its appeal challenging $14 million in fines stemming from wage theft allegations, claiming the hearing officer is biased and didn't fully disclose her professional relationship with the Denver Labor director who hired her.

  • July 20, 2026

    7th Circ. Backs Printing Co. In $265M ESOP Sale Fight

    The Seventh Circuit won't revive a lawsuit claiming a printing company's directors and employee stock ownership plan trustee illegally undersold the business into private equity for $265 million, saying a lower court made no clear errors in throwing out the case.

  • July 20, 2026

    Mass. Panel Says Competing Atty Fee Awards Can't Be Offset

    Massachusetts' intermediate-level appeals court Monday determined that a housing court was wrong to offset attorney fees awarded to a landlord against fees granted to the tenant on the other side of a housing dispute, finding the awards should be entered as separate judgments to preserve the lawyers' rights.

  • July 20, 2026

    NJ Justices Call Land Swap An Abuse Of Eminent Domain

    The New Jersey Supreme Court ruled unanimously Monday that a municipality violated state law and constitutional limits when it condemned two privately owned parcels of land to trade them to a developer, holding that the town never intended to put the seized properties to public use.

  • July 20, 2026

    4th Circ. Remands Models' Image-Misuse Coverage Fight

    An insurance company's coverage dispute with a Virginia Beach restaurant accused by a group of models of misappropriating their images was sent back to the district court Monday by the Fourth Circuit to determine if the lawsuit became moot when the restaurant settled with the models.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Wis. Village Can't Void Tribal Land Trust Order, 7th Circ. Told

    The U.S. Department of the Interior is asking the Seventh Circuit to reject a Wisconsin village's appeal that seeks to undo the agency's decision to place 500 acres into trust for the Oneida Nation, arguing that the municipality can't overcome Congress' power to regulate Indian affairs.

  • July 20, 2026

    Insurers Seek Clarity On Arbitration Estoppel Rules

    Another group of insurers is pressing the U.S. Supreme Court to resolve whether state or federal law applies when deciding whether a nonsignatory to an international arbitration agreement can force arbitration of a property damage coverage dispute, an issue they say is "of national and international importance."

  • July 20, 2026

    Grocery Chain To Shell Out $225K To Settle 401(k) Fee Suit

    A supermarket chain agreed to pay $225,000 to settle a proposed class action claiming the company allowed its 401(k) plan to be weighed down by excessive fees, according to a motion filed in New York federal court Monday.

  • July 20, 2026

    Ga. Appellate Court Affirms Contempt Order Against Atty

    The Georgia Court of Appeals affirmed a state court's decision to hold a Georgia attorney in contempt of court for a late appearance at a hearing for his client's criminal case, rejecting the attorney's claims that he wasn't given due process and was discriminated against because he's Black.

  • July 20, 2026

    Legal Center Tells 4th Circ. To Reject FCC Campaign Ad Rule

    The Campaign Legal Center has asked the Fourth Circuit to set aside recent FCC guidance on political ads, saying it violates the Communications Act of 1934.

  • July 20, 2026

    2nd Circ. Keeps Drug Sentence After Flee Attempt, Proffer Lies

    The Second Circuit upheld a 12-year sentence for a New York man convicted of drug trafficking, finding that the sentence was correct after he chartered a private jet to flee the country and lied to federal investigators about his involvement as part of a proffer agreement. 

Expert Analysis

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

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