Appellate

  • July 07, 2026

    Trucking Co. 'Predictive Model' Doesn't Moot OT, 9th Circ. Told

    Truck drivers denied overtime under a Fair Labor Standards Act carveout for interstate commerce urged the Ninth Circuit on Tuesday to find they're entitled to the pay, saying that they drove only within California and that their employers' "predictive model" order fulfillment system doesn't qualify their deliveries as interstate commerce.

  • 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    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to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.

Expert Analysis

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • 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.

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