Appellate

  • June 17, 2026

    Colo. Says It's Clear: EPA Rebuffed Haze Plan To Prop Up Coal

    Colorado on Tuesday urged the Tenth Circuit to vacate the U.S. Environmental Protection Agency's rejection of the state's plan to limit regional haze, calling the agency's argument that closing a coal-fired power plant might be unconstitutional under the Fifth Amendment a "pretext for propping up" the industry.

  • June 17, 2026

    Luxottica, Ex-Worker End Pension Suit Over Annuity Benefits

    Luxottica and a former worker who challenged the company's methodology for paying annuity benefits agreed Wednesday to resolve a proposed class action, a month after the nation's highest court declined the eyewear-maker's bid to review a Second Circuit ruling keeping some of her claims out of arbitration.

  • June 17, 2026

    Employer Didn't Control Benefits In Death Case, 3rd Circ. Says

    A Third Circuit panel on Wednesday upheld the dismissal of a man's lawsuit alleging his late wife's employer improperly denied life insurance benefits, finding the employer had no control over whether benefits were paid out.

  • June 17, 2026

    Ga. High Court Allows Rape Evidence In Separate Murder Trial

    The Georgia Supreme Court has ruled that prosecutors can bring in evidence of rape and aggravated sexual battery as part of a man's parallel malice murder case in the killing of an Atlanta woman.

  • June 17, 2026

    NC Clinic, School District Must Face COVID Vax Challenge

    A North Carolina state appeals panel issued its second opinion in a lawsuit from the mother of a teenager who alleged he was vaccinated for COVID against his will, finding Wednesday that she adequately put forward constitutional claims and can pursue allegations against a school district and medical society clinic in trial court.

  • June 17, 2026

    Mich. Court Says Rental Cap Affects Senior Care Home Value

    The Michigan tax tribunal wrongly ruled that a senior care facility's low-income units shouldn't be considered when assessing the property, a state appeals court panel said, remanding the case back to determine its valuation considering the rental restrictions.

  • June 17, 2026

    Sanctioned IP Atty Tells Fed. Circ. 'Integrity' On The Line

    An attorney who was sanctioned in a trade dress infringement case due to what a judge said were his repeated misrepresentations has asked the Federal Circuit to lift the penalties against him and his client, saying his "professional and personal integrity, and my family, depends on it."

  • June 17, 2026

    Panel Says No Ban On Concealed Guns For Those Under 21

    A Florida appellate panel on Wednesday ruled against a state law prohibiting 18- to 20-year-olds from carrying concealed firearms, saying the ban is unconstitutional. 

  • June 17, 2026

    Pa. Land Trust's Exemption Must Be Revisited, Court Rules

    A Pennsylvania trial court must reconsider the charitable use of land owned by a trust under an analysis provided by the appellate Commonwealth Court and reevaluate whether the land is eligible for a charitable tax exemption, the appellate court ruled Wednesday.

  • June 17, 2026

    Trade Desk, Investor Spar Over Emails In Nevada Move Appeal

    A stockholder and The Trade Desk Inc. urged the Delaware Supreme Court on Wednesday to reach opposite conclusions about whether the advertising technology company must turn over director emails and other informal communications tied to its move from Delaware to Nevada.

  • June 17, 2026

    Ga. Justices Probe Savannah's Immunity In Tourist Fall Suit

    Georgia's justices Wednesday questioned how much immunity property owners should enjoy under a state law designed to limit liability during recreational activities as it considered whether to revive a woman's trip-and-fall suit against the city of Savannah.

  • June 17, 2026

    Trump Seeks Emergency Stay On Discovery In Jan. 6 Suits

    President Donald Trump is asking the D.C. Circuit to halt proceedings in one of eight consolidated Jan. 6 lawsuits, arguing in an emergency stay motion Tuesday that a district judge erred by letting discovery against co-defendants continue while claims against Trump himself are paused.

  • June 17, 2026

    Full Fed. Circ. To Hear Immigration Judges' Firing Challenge

    The Federal Circuit on Wednesday agreed to conduct en banc review over the firing of two immigration judges, after the Merit Systems Protection Board ruled that they constituted inferior officers who are subject to at-will removal by the president.

  • June 17, 2026

    Justices Asked To Review 'Headscratching' Copyright Ruling

    A group of major music publishers has asked the U.S. Supreme Court to rein in a "headscratching" Fifth Circuit ruling that the music publishers say transformed U.S. copyright termination rights into a worldwide reset button for ownership of foreign copyrights.

  • June 17, 2026

    Sunoco Tells High Court It Was Denied Fair Patent Damages

    Sunoco wants the U.S. Supreme Court to hear its argument that it was shortchanged when it won "a mere $12 million" in a gasoline blending patent suit against Magellan Midstream, saying it wasn't given the opportunity to show that it actually lost more than 12 times that amount.

  • June 17, 2026

    Wash. Panel Says UIM Payment Doesn't Block IFCA Claim

    Washington state appeals court on Tuesday said an insurer cannot shake allegations that it unreasonably initially denied an injured driver's underinsured-motorist claims despite later paying the benefits, with the court noting a lack of instructive case law under the state's Insurance Fair Conduct Act.

  • June 17, 2026

    DOL Judge Delays H-2A Hearing Amid High Court Review

    A U.S. Department of Labor administrative law judge pushed a September hearing in an H-2A enforcement case against a Kentucky tobacco farm to August 2027, rescheduling the hearing while the U.S. Supreme Court considers the DOL's power to pursue monetary remedies in its in-house tribunal.

  • June 16, 2026

    2nd Circ. Judge Blasts 'Wrong' Video Privacy Test In NBA Suit

    The Second Circuit appeared poised Tuesday to uphold the dismissal of a proposed class action accusing the NBA of illegally sharing newsletter subscribers' video-viewing habits with Meta although one judge said prior rulings set the "wrong" circuit precedent for what data disclosures are prohibited by the Video Privacy Protection Act.

  • June 16, 2026

    New Docs Undercut Feds' TPS Appeal, Haitians Tell Justices

    Haitians challenging the Trump administration's now-postponed move to revoke temporary protected status for Haiti urged the U.S. Supreme Court on Tuesday to dismiss the administration's appeal, arguing that additional factual development is needed in light of newly disclosed documents.

  • June 16, 2026

    FIFA Mural Suit, Other Fights Showcase 'Obscure' Art Law

    As soccer heavyweights and underdogs square off in the FIFA World Cup, the sport's worldwide governing body is staring down a suit claiming the organization destroyed a mural and violated a unique intellectual property protection that has a history of thwarting the removal of public pieces of art.

  • June 16, 2026

    Pa. Justices Curb Philly DA Conviction Relief Concessions

    The Pennsylvania Supreme Court on Tuesday slammed the Philadelphia District Attorney's Office for making "misleading" concessions of prosecutorial misconduct to favor convicted murderers seeking to overturn their convictions, ordering lower courts to give the state attorney general a chance to intervene in such cases.

  • June 16, 2026

    Mark Cuban Urges 6th Circ. To Rehear Case Against FINRA

    Mark Cuban is throwing his weight behind a Sixth Circuit challenge to the constitutionality of the Financial Industry Regulatory Authority's in-house disciplinary proceedings, arguing in a Tuesday brief that the regulator shouldn't be allowed to penalize the owner of a consulting company without first affording him a trial. 

  • June 16, 2026

    Texas Appeals Court Reverses $73M Train Accident Judgment

    A Texas appeals court Tuesday reversed a $73 million judgment and ordered a new trial for a woman who sued Union Pacific Railroad Co. after a train hit her as she slept on the tracks, saying the trial court applied the wrong negligence standard.

  • June 16, 2026

    Pa. Justices Say Fraud Clock Began Before Corpse Found

    The Pennsylvania Supreme Court on Tuesday vacated a woman's convictions of taking her dead grandmother's Social Security money as time-barred, ruling that the statute of limitations began running when she stopped collecting the checks, not when her grandmother's body was found in her freezer.

  • June 16, 2026

    9th Circ. Rejects FCA Bid To Pause Headrest Class Trial

    The Ninth Circuit has rejected outright Fiat Chrysler's bid to pause class action proceedings over supposedly defective Jeep and Dodge headrests during the automaker's preparation of a petition to the U.S. Supreme Court as it pushes for arbitration in the case.

Expert Analysis

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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