Appellate

  • June 30, 2026

    High Court Scraps Caps On Coordinated Campaign Spending

    The U.S. Supreme Court on Tuesday struck down federal limits on political party spending in coordination with individual candidates, agreeing with a Republican-led challenge that the caps violate the First Amendment.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 30, 2026

    Trump Nominates Just Confirmed La. Judge For 5th Circ.

    Judge Anna St. John has been on the federal bench for less than four months, and now she's being put forth for a higher court.

  • June 30, 2026

    Justices Allow States To Bar Trans Athletes From Girls' Sports

    The U.S. Supreme Court on Tuesday cleared the way for states to ban transgender athletes from competing in women's and girls' sports, ruling that the restrictions do not amount to discrimination on the basis of sex.

  • June 29, 2026

    High Court Gives Fed Independence A 'Fragile' Reprieve

    The U.S. Supreme Court has thrown its weight behind Federal Reserve independence by rejecting President Donald Trump's bid to immediately oust Fed Gov. Lisa Cook, but experts say the fight over central bank control may not be finished — just moving to a new phase.

  • June 29, 2026

    Volatility May Follow As Justices Make Agency Firings Easier​​​​​​​

    The policies and enforcement priorities of federal agencies may fluctuate more rapidly based on who is president, as a result of the U.S. Supreme Court's Monday decision finding that presidents have unlimited authority to fire members of independent agencies, experts told Law360.

  • June 29, 2026

    Calif. Firm Can't Arbitrate Ex-Clients' Sex-Abuse Deal Claims

    A California appellate court Monday said McGrath Kavinoky LLP can't arbitrate allegations it "bullied" two women into accepting a $374 million settlement for hundreds of clients claiming sexual abuse by a UCLA Health gynecologist, saying the firm's failure to obtain consent to the foreseeable conflicts made its engagement agreements unenforceable.

  • June 29, 2026

    Ore. Top Court Takes PacifiCorp Case As Judge Won't Recuse

    The Oregon Supreme Court has agreed to hear an appeal of a decision overturning PacifiCorp's classwide liability for wildfire damages affecting about 2,000 property owners, days after an appeals judge who did work for the utility in private practice declined to recuse herself.

  • June 29, 2026

    Wash. Panel Revives Claims Over Fertility Operation Injury

    A Washington appeals panel revived two claims against healthcare providers lodged by the family of a woman who suffered permanent brain damage as the result of an allergic reaction during an egg-retrieval procedure, ruling Monday that a lower court was wrong to toss the claims.

  • June 29, 2026

    Justices Look To Shed Light On Jury Role In Pepsi TM Battle

    The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

  • June 29, 2026

    Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

    The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

  • June 29, 2026

    9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

    An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Illinois Panel Says $2M Med Mal Deal Bars Hospital Liability

    A split Illinois appellate panel ruled Monday that a $2 million medical malpractice settlement between a patient and an emergency room doctor barred claims against a hospital, saying a clause in the settlement agreement didn't trump Illinois legal precedent.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Hospital That Halted Gender Care Must Show Cause

    A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

  • June 29, 2026

    Trump Admin To Appeal Block On Voter Database Expansion

    The Trump administration is appealing a D.C. federal judge's decision to block its expansion of a database that allows states to screen voters.

  • June 29, 2026

    Colo. Justices Nix Group's Fine For Not Disclosing Donors

    A conservative political organization that spent more than $4 million on Colorado ballot initiatives during the 2020 election is not an issue committee under the state's constitution and can't be fined for not disclosing its donors, the Colorado Supreme Court unanimously held Monday.

  • June 29, 2026

    Justices To Weigh Attorney Fees In Noncitizen Habeas Suits

    The U.S. Supreme Court on Monday agreed to consider whether the Equal Access to Justice Act allows detained noncitizens who prevail in habeas corpus cases to be awarded attorney fees.

  • June 29, 2026

    Phone Warrant In Murder Case Passes Conn. Justices' Muster

    The Connecticut Supreme Court has ruled that a trial court was correct in refusing to suppress a murder suspect's cellphone data, saying the warrant was "sufficiently particular."

  • June 29, 2026

    High Court Blocks Roy Moore's Bid To Preserve $8.2M Win

    The U.S. Supreme Court on Monday rejected an emergency stay request from former Alabama Supreme Court justice Roy Moore, shooting down his attempt to save an $8.2 million defamation verdict he was awarded for his claims that a Democratic PAC ad suggested he solicited a minor for sex.

  • June 29, 2026

    Sotomayor Says 7th Circ. 'Clearly Wrong' In Immunity Ruling

    The U.S. Supreme Court on Monday refused to take up a case over whether qualified immunity was correctly granted to two Wisconsin prison guards who left a naked man in an often freezing cold cell for 23 hours, drawing a dissent from Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

  • June 29, 2026

    2nd Circ. Revives Penalty Collection Fight In $380M Tax Case

    The Second Circuit revived penalty collection challenges Monday by six companies found to owe $380 million to the IRS from participating in a tax scheme, saying an appeals officer's failure to verify that fines had been approved by a supervisor invalidated the collection process.

  • June 29, 2026

    Gaiman Assault Suit Belongs In New Zealand, 7th Circ. Says

    A Seventh Circuit panel on Monday affirmed the dismissal of a former nanny's suit accusing "Sandman" author Neil Gaiman of sexually assaulting her while in New Zealand, finding the dispute should be heard in that country rather than Wisconsin where he currently lives as a lawful permanent resident.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

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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