Appellate

  • August 25, 2026

    Elite Schools Get 7th Circ. Appeal In Aid-Fixing Case

    The Seventh Circuit has agreed to allow several private universities accused of colluding to set financial aid offerings to appeal a ruling certifying a class of students over questions about an economic expert's testimony.

  • August 25, 2026

    DC Circ. Says ESA Review Wasn't Needed For EPA Air Rule

    The D.C. Circuit on Tuesday affirmed the U.S. Environmental Protection Agency's determination that retaining existing air quality standards for nitrogen oxides and particulate matter would not affect animals or plants protected under the Endangered Species Act.

  • August 25, 2026

    New Mexico Justices Pause Permit, Hearing For Data Center

    New Mexico's Supreme Court in a pair of rulings paused an air permit hearing and ordered a developer to stop drawing water from the construction site of Oracle, OpenAI and SoftBank's Project Jupiter data center, leading a lawmaker to call on state officials to release more information about the project.

  • August 25, 2026

    Rising Star: McKool Smith's Charles Fowler

    Charles Fowler, the head of Texas trial firm McKool Smith PC's appellate practice, has successfully protected a multimillion-dollar jury award in a contract dispute with Santander and steered Aramark through the appellate process in an ERISA dispute, earning him a spot among the appellate practitioners under age 40 honored by Law360 as Rising Stars.

  • August 25, 2026

    Mich. Panel Keeps Democratic Ballot Bids Alive Despite Error

    Democratic attorney general candidate Eli Savit and secretary of state candidate Garlin Gilchrist II can remain on track to appear on Michigan's November ballot after a state appellate panel upheld the dismissal of a lawsuit seeking to disqualify them, ruling that a lower court wrongly rejected the challenger's amended complaint but that the error was harmless. 

  • August 25, 2026

    8-Year Supervised Release Sentence Upheld In First Step Case

    A man given life in prison for a drug conspiracy and then resentenced under the First Step Act to time served and eight years of supervised release cannot further reduce the judgment, the Second Circuit has ruled.

  • August 25, 2026

    NAACP Warns Justices Colo. Pre-K Exemption Risks Bias

    The NAACP and NAACP Legal Defense and Educational Fund urged the U.S. Supreme Court to uphold Colorado's nondiscrimination rules for its universal preschool program, warning that allowing religious schools to receive public funds while excluding students based on sexual orientation or gender identity would undermine civil rights protections.

  • August 25, 2026

    6th Circ. Says Judge Can't Escape Teen Mock Arrest Suit

    A Sixth Circuit panel on Monday allowed to proceed a Michigan federal lawsuit filed against a Detroit judge who handcuffed a 15-year-old student and subjected her to a mock trial after she fell asleep in his courtroom, ruling that judicial immunity does not protect him.

  • August 24, 2026

    11th Circ. Revives Title IX Claim Against Ga. Charter School

    An Eleventh Circuit panel has revived a Title IX claim against an Atlanta-area charter school, saying it ignored allegations of harassment against a middle school science teacher who later assaulted and was accused of harassing female students.

  • August 24, 2026

    NJ Court Rejects Senior Facility's Read On Nursing Home Law

    A New Jersey appellate court on Monday upheld a nearly $1 million judgment against a senior care network, rejecting arguments that one of its facilities wasn't operating as a nursing home in its allegedly inadequate care for an elderly patient.

  • August 24, 2026

    Calif. Appeals Court Signals Wiretap Law Applies To Trackers

    A California state appeals court appears poised to declare that website tracking technologies generally qualify as pen registers under the state's wiretap law, while finding that the specific trackers at issue in a lawsuit against Variety Media LLC don't fall under this definition because they don't identify the destination of intercepted communications. 

  • August 24, 2026

    9th Circ. Faults Calif. Judge For Denying Sentence Reduction

    The Ninth Circuit on Monday vacated a prison sentence imposed on a man convicted of possessing ammunition as a felon, saying a California federal judge "misapprehended the law" when he denied a sentencing reduction for the defendant's acceptance of responsibility.

  • August 24, 2026

    5th Circ. Revives Architect's IP Claims In Fractured Ruling

    A divided Fifth Circuit has revived an architectural firm's copyright infringement claims over the use of its home designs in a Texas residential development, while affirming the dismissal of claims alleging that the defendants stripped copyright information from marketing materials.

  • August 24, 2026

    Ukraine Says Tatneft Appeal Over $173M Stay Should Be Axed

    Ukraine has pressed the D.C. Circuit to nix an appeal by a large Russian oil company that seeks to overturn a lower court's stay order in the business's suit to enforce a $173 million arbitral award against the country, saying its domestic law prohibits it from paying the award.

  • August 24, 2026

    4th Circ. Says Vacated Drug Conviction Can't Bar Admissibility

    The Fourth Circuit concluded Monday that a Mexico native's since-vacated marijuana conviction in North Carolina state court does not render her inadmissible in the U.S., departing from a long-standing framework that considered vacated convictions valid for immigration purposes unless they're vacated due to substantive or procedural defects. 

  • August 24, 2026

    Fiat Chrysler Brings Defective Headrest Suit To Justices

    Fiat Chrysler is urging the U.S. Supreme Court to resolve a circuit split over whether an arbitrator or a court should decide the proper venue for a dispute involving a nonsignatory to an arbitration agreement, in a proposed class action over allegedly defective Jeep and Dodge headrests.

  • August 24, 2026

    2nd Circ. Says Nielsen Unbundling Order Starts Tuesday

    The Second Circuit has declared that the preliminary injunction blocking Nielsen from making Cumulus Media buy its local offerings to gain access to its national radio ratings data will go into effect Tuesday.

  • August 24, 2026

    Conn. Justices Order New Trial Over Gun Residue Science

    The Connecticut Supreme Court has reversed a murder conviction and ordered a new trial, finding in an advance opinion Monday that a state trial court wrongfully refused to hear the defendant's challenge to potentially unreliable gunshot residue evidence.

  • August 24, 2026

    Feds Seek Circuit Court Reversals In Sanctuary Policy Battle

    The Trump administration has asked separate federal circuit courts to review lower court decisions rejecting its challenges to various state and local sanctuary immigration policies, arguing to the Tenth Circuit that such policies from Colorado and Denver affirmatively obstruct federal immigration enforcement.

  • August 24, 2026

    'Old Boys Club' Tainted College Prof's Review, Jurors Told

    A former professor at The College of New Jersey told a Garden State jury on Monday that the college's finance department was run like an old boys club and that her contract was not renewed because she's a woman.

  • August 24, 2026

    Calif. Takes Trump Admin Pipeline Fight To 9th Circ.

    California has asked the Ninth Circuit to review a district court's rejection of its bid to block the Trump administration's reopening of a controversial coastal oil pipeline, which a judge said was a valid use of federal emergency authority under the Defense Production Act.

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

Expert Analysis

  • 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.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

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