Appellate

  • June 12, 2026

    Texas Justices Limit Seizures Of Land Lacking Public Use

    The Texas Supreme Court on Friday sided with a company seeking to repurchase land that the state condemned for a highway project but was no longer using, saying in a split opinion that the state isn't immune from claims to repurchase unused property.

  • June 12, 2026

    Academics Ask 2nd Circ. To Revive Publisher Conspiracy Suit

    Academic researchers are asking the Second Circuit to revive their proposed class action accusing six of academia's largest journal publishers of colluding to stifle their leverage and eliminate pay for peer review work, arguing the district court credited the publishers' "written rules" but "discarded" how those rules were implemented.

  • June 12, 2026

    9th Circ. Tells Serial Litigant App Developer No More

    The Ninth Circuit has said it does not want to hear any more from a serial litigant who has a bone to pick with tech behemoth Apple and a California federal court over the exclusion of an application for tracking COVID-19 cases from the App Store.

  • June 12, 2026

    11th Circ. Nixes 'Sophisticated' Money Laundering Sentence

    The Eleventh Circuit affirmed a prison term for a Florida man convicted of laundering drug proceeds, but remanded the case for resentencing after finding the lower court incorrectly determined that his scheme was "sophisticated." 

  • June 12, 2026

    Feds Drop Appeal To Preserve Trump Wind Permit Freeze

    The federal government has dropped its appeal of a Massachusetts federal judge's order last year blocking the Trump administration from freezing wind energy project permits, according to a filing with the First Circuit.

  • June 12, 2026

    4 Key Takeaways From 3rd Circ. Arguments Over AI Training

    The Third Circuit's first major encounter with artificial intelligence and fair use did not turn on futuristic hypotheticals, with a three-judge panel instead posing questions that have long defined copyright disputes over new technologies: what was copied, why was it used, and whether the new product served a different purpose or competed with the original.

  • June 12, 2026

    Ga. Court Won't Reinstate Suit Over Teen Worker's Death

    A Georgia appellate court affirmed the toss of a wrongful death action brought by the parents of a teenage construction worker who was killed when the heavy machinery he was operating rolled over, ruling that the state's Workers' Compensation Act bars the suit.

  • June 12, 2026

    2nd Circ. Backs Bankman-Fried's 25-Year Fraud Conviction

    The Second Circuit on Friday upheld Sam Bankman-Fried's conviction and an $11 billion forfeiture order in an opinion that found the ex-CEO's claims that he could have made FTX customers whole didn't matter in the face of the government's "robust" evidence of his role in the fraud that felled the cryptocurrency exchange.

  • June 12, 2026

    Texas Justices Take Up Exxon's $25M AIG Coverage Fight

    The Texas Supreme Court on Friday agreed to hear an appeal from Exxon Mobil Corp. seeking to force an AIG unit to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at Exxon's refinery in Beaumont.

  • June 12, 2026

    2nd Circ. Doubts Tax Plea Advice Misled Man On Deportation

    A skeptical Second Circuit judge on Friday told a Connecticut attorney to stop saying his client was "affirmatively misled" while pleading guilty to tax evasion charges, hinting a written plea agreement and verbal warnings from a federal judge were probably sufficient to advise the client he could be deported.

  • June 12, 2026

    Webuild Seeks Redo, Says Award Ruling Deepens Circuit Split

    Italian construction giant Webuild pressed the Third Circuit to reconsider its decision reviving a Chilean construction company's bid to enforce a $140 million arbitral award against it, saying the decision exacerbates confusion over whether minimum contacts are required to enforce a foreign arbitral award.

  • June 12, 2026

    NY Appeals Court OKs Officials' Inspections Of Hemp Stores

    A New York intermediate appellate court has reversed a lower court's decision to grant a preliminary injunction that blocked New York City and state authorities from conducting warrantless raids against hemp stores suspected of selling unlicensed cannabis.

  • June 12, 2026

    4 Questions As Gov't Appeals Illegal Tariff Refund Suit

    The government's appeal of an order requiring immediate refunds for tariffs that were deemed illegal by the U.S. Supreme Court earlier this year is the latest obstacle for importers forced to stall investments in new products and brace for a longer wait for their refunds in response.

  • June 12, 2026

    Court Orders Murder Retrial Over Landlord-Tenant Instruction

    An Arizona appellate panel on Friday threw out the murder conviction of a woman who shot her estranged boyfriend when he forced his way into the apartment they shared, saying the trial court gave improper jury instructions that biased jurors against her defense-of-premises defense.

  • June 12, 2026

    IRS Must Revisit Whistleblower Award Denial, DC Circ. Rules

    The D.C. Circuit said Friday that the Internal Revenue Service must reconsider a whistleblower's claim that her information helped the agency collect taxes on more than $31 million in corporate income, reversing a U.S. Tax Court ruling that sided with the IRS.

  • June 12, 2026

    Wash. Justices Uphold Repeat DUI Offender Gun Ban

    A 5-4 Washington State Supreme Court majority has found that two men who were prevented from owning firearms after being repeatedly convicted of driving under the influence did not have their Second Amendment rights violated by the restriction.

  • June 12, 2026

    6th Circ. Won't Rethink Decision On Co.'s Union Snub

    The Sixth Circuit won't revisit its decision upholding a finding that a Michigan builder violated federal labor law by ceasing to recognize and refusing to bargain with an established union.

  • June 12, 2026

    9th Circ. Says Kroger Shoppers 'Obtained No Relief' For Fees

    A Ninth Circuit panel refused to revive a consumer lawsuit challenging Kroger's since-blocked purchase of Albertsons, agreeing with a district court that the deal's abandonment renders the suit moot and the consumers have no claim to attorney fees as victors in wins scored by government enforcers.

  • June 12, 2026

    Fla. Panel Orders New Look At Probation Violation Sentence

    A Florida state appeals court ruled Friday that a man given nearly 6.5 years in prison for probation violations should be resentenced after he was incorrectly denied his self-filed request for a downward departure from the sentencing guidelines.

  • June 12, 2026

    9th Circ. Judge Doubts Google Rival's 'Broad' Antitrust Suit

    A Ninth Circuit judge appeared skeptical Friday of efforts to revive allegations that Google harmed market competition for digital advertising by booting a now-defunct advertising app from its Play Store, saying Google has many rivals in the "very broad" proposed market and asking the plaintiff, "So what's the injury?"

  • June 12, 2026

    NY Appellate Court Revives Drug Sentence Reduction Bid

    A New York state appeals court has ruled that an incarcerated man should be given a second shot at reducing his drug conviction sentence, finding that even though he was also convicted of murder, the timing of the convictions allows him to request resentencing.

  • June 12, 2026

    Fla. Judge Accused Of Endorsing Violence From The Bench

    A Florida judicial panel brought an ethics complaint against a state court judge in Jacksonville over his remarks from the bench, alleging his comments appeared to endorse violence, convey bias and demean individuals during several proceedings last year. 

  • June 12, 2026

    NJ Justices Take Up Atty's Defamation Suit Against GOP

    The New Jersey Supreme Court has agreed to review a lower appellate court's decision advancing a municipal attorney's defamation lawsuit against a slate of Republican candidates and their campaign committee, a case that tests the state's anti-SLAPP law. 

  • June 12, 2026

    Salesforce Dodges Full Fed. Circ. Review Of IP Win

    Consulting firm Applications in Internet Time LLC has failed to persuade the full Federal Circuit to revive its patent infringement suit against Salesforce Inc.

  • June 12, 2026

    Texas Justices Say Pro Se Attys Can Contact Opposing Party

    The Texas Supreme Court on Friday found in favor of a pro se attorney who contacted the opposing party, saying the normal rules don't apply to attorneys who represent themselves.

Expert Analysis

  • Startup Founder Disputes Increasingly Turn On Governance

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    Recent Delaware developments suggest that as courts place increasing emphasis on board process, independence and oversight in founder-led startups, the growing intersection of governance, technology risk and investor oversight is accelerating both the emergence and escalation of founder disputes, says mediator Frank Burke.

  • 3 AI Adoption Mistakes GCs Should Avoid

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    The pressure in-house legal teams face to quickly adopt artificial intelligence tools, combined with budget constraints and the need to evaluate a crowded market of options, sets the stage for implementation mistakes that are often difficult to undo, says former 23andMe general counsel Guy Chayoun.

  • Series

    Playing Basketball Makes Me A Better Lawyer

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    My grandfather used to say "I wear your jersey" as shorthand for wholly committing to support someone with loyalty and integrity — ideals that have shaped my life on the basketball court and in legal practice, says Tracy Schimelfenig at Schimelfenig Legal.

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

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