Appellate

  • July 14, 2026

    Mass. Justices Say Town's Solar Permit Denial Unjustified

    A single zoning board member's objection to tree clearing cannot be the basis for a small Massachusetts town to deny a permit for a solar array, the state's highest court ruled Tuesday.

  • July 14, 2026

    5th Circ. Undoes BP Retirees' Pension Info Suit Win

    The Fifth Circuit unraveled a Texas court's judgment against BP that held the oil giant was liable to company retirees for miscommunicating their pension benefits' value following a plan conversion, holding on Tuesday that the lower court didn't perform a rigorous enough standing analysis.

  • July 14, 2026

    Fla. Judge Denies Endorsing Violence In Courtroom Remarks

    A Florida state judge on Monday denied that his remarks from the bench endorsed violence and said his comments do not disqualify him from holding judicial office, but still expressed regret over the incident.

  • July 14, 2026

    News Orgs Need To Show AI Uses More Than Just Facts

    News organizations suing artificial intelligence companies for allegedly infringing their copyrighted content for AI training must show that chatbots are using the organizations' prose as opposed to merely uncopyrightable facts, or that the practice is diluting the market for human-made journalism, experts told Law360.

  • July 14, 2026

    Trump Lawyer Matthew Schwartz Confirmed To 2nd Circ.

    The Senate voted 50-45, along party lines, on Tuesday to confirm Matthew Schwartz, one of President Donald Trump's personal attorneys and a partner at Sullivan & Cromwell LLP, to the U.S. Court of Appeals for the Second Circuit.

  • July 14, 2026

    2nd Circ. Grants Bail To Critically Ill Detainee Pending Appeal

    A split Second Circuit panel ordered a detained Jamaican man facing deportation to be released on bail, and criticized a dissenting judge's conclusion that the man's life-threatening kidney disease and need for regular dialysis treatments were not an "extraordinary circumstance."

  • July 14, 2026

    1st Circ. Won't Revive Ex-Dartmouth Prof's Muslim Bias Suit

    The First Circuit upheld Dartmouth College's defeat of a former associate professor's lawsuit alleging he was denied tenure because he's Muslim and Arab, ruling he hadn't provided evidence demonstrating the Ivy League school manipulated its policies to his disadvantage.

  • July 14, 2026

    8th Circ. Won't Undo Pot User's Gun Conviction

    The Eighth Circuit won't vacate a man's conviction for possession of a firearm while being an unlawful drug user, finding that the government produced enough evidence to show that he fit historical laws disarming those who created "terror of the people."

  • July 14, 2026

    Trial, Appellate Judges Duel For Wash. Supreme Court Seat

    In one of the most-watched races for the five Washington State Supreme Court seats on the ballot this election season, a state appellate judge and a Seattle-area superior court judge are competing to succeed the high court's longest-sitting justice.

  • July 13, 2026

    9th Circ. Backs Block On FinCEN Border Cash Reporting Reqs

    The Ninth Circuit Monday affirmed a temporary block on a Trump administration rule that singles out cash-moving businesses along the southwest border for heightened anti-money laundering reporting, agreeing that a plaintiff money service business will likely suffer irreparable harm.

  • July 13, 2026

    2nd Circ. Backs NYC Law Blocking Broker Fees For Tenants

    The Second Circuit held Monday that a lower court was correct to refuse to preliminarily block a New York City law prohibiting certain landlord broker fees, ruling that the city has pointed to legitimate government interests that warrant the law.

  • July 13, 2026

    7th Circ. Nixes Clearview AI Privacy Deal Over Class Rift

    The Seventh Circuit has vacated a novel biometric privacy settlement between Clearview AI and classes of individuals who claim the company misused their public photos, saying a nationwide class representative should have signaled their agreement before the district court approved a deal containing such comparatively "meager" benefits.

  • July 13, 2026

    2nd Circ. Says Tylenol Maker Must Face Autism, ADHD Suits

    The Second Circuit said Monday that a lower court had wrongly excluded plaintiffs experts from testifying about an alleged relationship between using Tylenol during pregnancy and autism spectrum disorder and attention-deficit/hyperactivity disorder, although the panel cautioned that the decision was not political or scientific.

  • July 13, 2026

    9th Circ. Reiterates 'Prevailing Party' In Family Dollar ADA Suit

    A woman who won an order forcing a Family Dollar store to improve its accessibility is a "prevailing party" under the Americans with Disabilities Act and may recover attorney fees, the Ninth Circuit ruled Monday, saying the lower court misunderstood precedent regarding whether a plaintiff has prevailed in the litigation.

  • July 13, 2026

    After Favorable Ruling, Maxell Files New Samsung ITC Suit

    Japan's Maxell Ltd. alleged in a U.S. International Trade Commission suit Friday that South Korea-based Samsung's smartphones and tablets infringe six patents, days after an ITC judge backed Maxell in a separate case and recommended an import ban on infringing Samsung devices.

  • July 13, 2026

    10th Circ. Revives Gay Bias Harassment Suit Against Walmart

    A gay New Mexico man's bias suit against Walmart was partially revived by the Tenth Circuit on Monday after the panel found the lower court incorrectly granted the company summary judgment on a hostile work environment claim after finding the alleged harassment based on the employee's sexual orientation wasn't pervasive.

  • July 13, 2026

    Trump Cuts 3M Acres From Utah Monument Protections

    President Donald Trump on Monday rolled back federal protections on the Grand Staircase-Escalante and Bears Ears national monuments in Utah, a move that environmental groups said they will fight to block in court.

  • July 13, 2026

    4th Circ. Says Manual Cellphone Searches At Border Are Legal

    The Fourth Circuit has ruled that manual searches of a cellphone at the border are legal because they are considered routine and do not require individualized suspicion by a border agent about whether a crime has occurred.

  • July 13, 2026

    Judge Newman Won't Reopen High Court Suspension Battle

    Federal Circuit Judge Pauline Newman did not ask the U.S. Supreme Court to reconsider her bid to save a suit against her fellow judges for suspending her from the bench over her refusal to undergo medical tests.

  • July 13, 2026

    2nd Circ. Orders New Trial In NYPD Search, Prosecution Suit

    A Second Circuit panel on Monday ordered a new civil trial for four New York Police Department officers found liable for busting into an apartment without a warrant and arresting one of its occupants without cause, saying the district court erroneously refused to allow jurors to hear recordings of phone calls that cast doubt on the plaintiff's credibility.

  • July 13, 2026

    Custodia Urges Justices To Take Up Fed Master Account Fight

    Crypto-focused Custodia Bank is asking the U.S. Supreme Court to take up its challenge of a Tenth Circuit ruling that backed Federal Reserve banks' discretion to deny master accounts to otherwise eligible banks, arguing the decision empowers unappointed regional bank presidents to deny "disfavored" banks access to critical payment services.

  • July 13, 2026

    2nd Circ. Upholds Cumulus' Data-Tying Order Against Nielsen

    Nielsen cannot condition media company Cumulus' access to national radio ratings data on buying its local offerings, under a Second Circuit panel decision Monday upholding, and unpausing, a district court preliminary injunction, concluding that a 10-fold price increase for the standalone product likely amounted to anticompetitive coercion.

  • July 13, 2026

    SC City Urges Justices To Skip Beach-Gear Rental Case

    The city of North Myrtle Beach, South Carolina, is opposing a bid from a beach equipment rental company asking the U.S. Supreme Court to review its challenge to city ordinances it says violate the Sherman Antitrust Act.

  • July 13, 2026

    7th Circ. Won't Reopen White Infosys Workers' Bias Suit

    The Seventh Circuit refused Monday to revive a lawsuit alleging Infosys Technologies exhibited systemic bias against workers who weren't of South Asian descent, finding no issue with the trial court's rejection of an expert who admitted he lacked experience with the name-recognition methodology he used.

  • July 13, 2026

    NJ Justices Revamp Test For Certain Zoning Variances

    The New Jersey Supreme Court revised a decades-old legal test governing use variances for "inherently beneficial" projects, ruling Monday that applicants must show that a proposed development will not substantially impair a municipality's zoning plan before a zoning board balances the project's public benefits against its downsides.

Expert Analysis

  • 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.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • 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.

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