Appellate

  • October 13, 2026

    10th Circ. Skeptical Of NCAA Eligibility Injunction's Scope

    A Tenth Circuit panel appeared hesitant Tuesday to uphold an injunction issued by a Colorado federal judge that granted eligibility to thousands of NCAA athletes excluded from the organization's new eligibility rule implemented this year.

  • October 13, 2026

    Colo. Panel Probes Challenge To Large-Scale Feedlot Permit

    The Colorado Court of Appeals challenged environmental groups' opposition to a permit allowing large-scale animal feeding facilities to operate without certain monitoring requirements, but pressed counsel for both parties on Tuesday on the permit's purpose amid potential pollution to the state's waterways.

  • October 13, 2026

    Mich. High Court Forces Judge To Retire Over Misconduct

    The Michigan Supreme Court has ordered a former Jackson County judge to retire and barred him from holding judicial office again after finding he abused alcohol, sexually harassed female colleagues, interfered in court proceedings and deliberately concealed delays in issuing rulings.

  • October 13, 2026

    Justices Decline Review Of Gun Ban For Cannabis Felony

    The U.S. Supreme Court on Tuesday declined to review whether a Tenth Circuit ban on gun ownership for people convicted of nonviolent felony offenses conflicts with the high court's ruling earlier this year striking down gun regulations for drug users.

  • October 13, 2026

    Fed. Circ. Upholds Alice Ax Of Targeted Ad Patents

    The Federal Circuit on Tuesday refused to revive a series of patents relating to internet advertising in a dispute between rival ad platforms after a New York federal court found the patents didn't pass the U.S. Supreme Court's Alice test.

  • October 13, 2026

    Ex-U. Of Fla. Urologist Can't Get Sex Bias Suit Back On Track

    The Eleventh Circuit refused Tuesday to reinstate a lawsuit from a doctor who said gender discrimination got her removed from University of Florida's urology department, unpersuaded by her argument that a lower court prematurely shut down the bulk of her lawsuit.

  • October 13, 2026

    Mass. Panel Backs State Police Leader's July 4 Staffing Memo

    The head of the Massachusetts State Police has the power to prohibit officers from taking time off around the Independence Day holiday, the state's intermediate-level appeals court said Tuesday, affirming that the matter is not subject to collective bargaining.

  • October 13, 2026

    Wash. School District Defends Trans Policy At High Court

    A Washington state school district rebuked a suit challenging its permissive transgender athlete policies Tuesday, telling the U.S. Supreme Court that the legal fight is not nearly ripe enough for high court scrutiny. 

  • October 13, 2026

    2nd Circ. Seems Doubtful Of RTX Corp. Investors' Appeal

    A Second Circuit panel Tuesday seemed leery of RTX Corp. investors' bid to revive allegations that the aerospace manufacturer violated securities laws by concealing an aircraft engine defect, with several judges pointing out how the complaint seemed to lack allegations that executives knew different disclosures were necessary.

  • October 13, 2026

    5th Circ. Backs Ginnie Mae On Reverse Mortgage Liens

    A unanimous Fifth Circuit panel affirmed a lower court's ruling in favor of Ginnie Mae in a suit Texas Capital Bank brought over the extinguishment of its lien on reverse mortgage assets, saying there is a "sound statutory basis to conclude" that Ginnie Mae has authority over the entire mortgage once an issuer defaults.

  • October 13, 2026

    Mich. Appeals Court Weighs Liability In Hunting Shooting

    A Michigan appeals panel questioned Tuesday whether a jury, and not a judge, should have decided if a father was grossly negligent when he gave his son the shotgun with which he accidentally shot his longtime friend in the groin, causing catastrophic injuries, despite evidence of the son's history of alcohol abuse and reckless behavior.

  • October 13, 2026

    Fed. Circ. Backs L'Oreal's Alice Win On Face Analysis Patent

    The Federal Circuit on Tuesday issued a one-word order affirming a California federal court's invalidation of a facial measurement and analysis patent that had been asserted against the cosmetic giant L'Oreal USA Inc.

  • October 13, 2026

    Justices Won't Review Arbitrator Bias In Nursing Home Suit

    The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision upholding an arbitration award favoring a Kentucky nursing home, rejecting a request to clarify when an arbitrator's failure to disclose past misconduct warrants overturning an award.

  • October 13, 2026

    Groups Ask Justices To Hear Apple's ITC Industry Rule Fight

    The Federal Circuit wrongly continued the degradation of the U.S. International Trade Commission's domestic industry requirement in patent disputes by sustaining a decision that Apple Watches infringe Masimo Corp.'s patents, groups supporting Apple's petition told the U.S. Supreme Court on Tuesday.

  • October 13, 2026

    Fed. Circ. Pressed To Undo $61M IP Verdict Against Samsung

    A nonprofit representing tech giants including Amazon, Google and Intel told the Federal Circuit on Friday the court should overturn a $61 million jury verdict against Samsung for infringing a single standard-essential 5G patent.

  • October 13, 2026

    Boston Not Required To Recut Uncashed 1998 Check

    A Rhode Island company can't force the city of Boston to reissue a $150,000 check from 1998 that got lost for a quarter of a century, an intermediate Massachusetts appellate court ruled Tuesday.

  • October 13, 2026

    High Court Won't Hear Fingerprint Analyst's Immunity Defense

    The U.S. Supreme Court said Tuesday that it would not review an Eleventh Circuit decision stripping qualified immunity from a fingerprint analyst who is facing allegations that she fabricated evidence that sent a wrongly convicted man to death row.

  • October 13, 2026

    7th Circ. Wrong On TM Interest Ruling, High Court Told

    A company that makes apparel with the U.S. Army slogan "This We'll Defend" has told the U.S. Supreme Court that the circuits are "deeply divided" on the issue of prejudgment interest and that a case where the Seventh Circuit affirmed a $229,000 prejudgment interest award against it would serve as the ideal vehicle to resolve the split.

  • October 13, 2026

    NLRB Says Amazon's Union Vote Challenges Fall Short

    The National Labor Relations Board has urged the Fifth Circuit to reject Amazon's challenge to an order to negotiate with workers at a Staten Island, New York, warehouse, arguing its appeal of a union's 2022 election win misstates the board's analysis and distorts the evidence.

  • October 13, 2026

    11th Circ. Urged To Keep Atty On The Hook For Defense Costs

    A lawyer who said a fellow attorney targeted her with a frivolous lawsuit asked the Eleventh Circuit to uphold a sanctions award, arguing that a district court was right to conclude that the suit was baseless and defense costs should be shifted to the plaintiff.

  • October 13, 2026

    Justices Wary Of Weakening Sentencing Commentary

    The U.S. Supreme Court appeared skeptical Tuesday of arguments that lower court judges should not give deference to U.S. Sentencing Commission commentary that interprets federal sentencing guidelines, with some of the justices wondering whether such a holding would open the floodgates for thousands of defendants seeking to have their sentences reconsidered.

  • October 13, 2026

    1st Circ. Revives Amgen Migraine Drug Risk Label Suit

    A mother in Massachusetts is entitled to pursue a new theory of liability against drugmaker Amgen Inc. over the death of her 25-year-old son after he took the company's then-recently approved migraine medication Aimovig in 2018, the First Circuit has found.

  • October 13, 2026

    2nd Circ. Revives Lidl Worker's Unpaid Waiting Time Suit

    Waiting time is compensable under federal wage law when employees are required to report to work but cannot begin their duties for reasons beyond their control, the Second Circuit ruled Tuesday in reviving a Lidl grocery store worker's unpaid wage claims.

  • October 13, 2026

    Sotomayor Warns Gov't On Double Jeopardy In Migrant's Case

    U.S. Supreme Court Justice Sonia Sotomayor cautioned the government on Tuesday about charging a deported Mexican national twice for the crime of being found in the U.S. after having been removed, saying constitutional problems plagued the government's treatment of the man.

  • October 13, 2026

    High Court Won't Hear Ex-United Worker's Suit Against IAM

    The U.S. Supreme Court on Tuesday declined to revive a lawsuit brought by a former United Airlines customer service agent seeking to bring claims against her union for failing to take her wrongful discharge claim against the company to arbitration.

Expert Analysis

  • 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.

  • 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.

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