Appellate

  • 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.

  • June 29, 2026

    Fed. Circ. Asked To Rethink Axed $469M IP Feud Against Dish

    ClearPlay wants the full Federal Circuit to look at part of a panel decision that didn't reinstate a $469 million jury verdict against Dish Network LLC in a patent suit, saying the challenged portion of the decision deepens a conflict with U.S. Supreme Court precedent.

  • June 29, 2026

    Colo. Justices Say Dad Missed Deadline In Fatal Crossing Suit

    The Colorado Supreme Court ruled Monday that a father cannot proceed with his lawsuit against a city and utility over his daughter's death after being struck by a car, finding that the one-year deadline to bring survival claims applies even when no legal representative was appointed before the victim's death.

  • June 29, 2026

    Fed. Circ. Declines WDTX Transfer Bid In Crypto Patent Case

    The Federal Circuit on Monday refused to back cryptocurrency mining company Core Scientific Inc.'s bid to move a case accusing it of infringing cryptography patents to the Western District of Texas, rejecting Core's arguments that it had clearly shown a transfer was necessary and that a magistrate judge had committed legal errors in disagreeing.

  • June 29, 2026

    Board Reins In Asylum Credibility Findings Based On Candor

    The Board of Immigration Appeals ruled Monday that immigration judges can't find noncitizens credible solely based on their candidness about having previously lied to obtain immigration benefits.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    Former NJ AG Pushes To End Suit Over Tossed RICO Case

    Former New Jersey Attorney General Matt Platkin asserts that a lawsuit from a former CEO indicted in New Jersey's now-dismissed criminal racketeering case against South Jersey power broker George E. Norcross III squarely implicates the protections afforded to prosecutors.

  • June 29, 2026

    Justices Asked To Revive Fight Over Texas Sacred Site

    Two members of a Native American church are asking the Supreme Court to reverse a Fifth Circuit decision that said the city of San Antonio's plans for a park expansion did not substantially burden their religious rights, arguing that the appellate court "joined the wrong side of two existing circuit splits."

  • June 29, 2026

    Justice Jackson Tops High Court Book Earnings In 2025

    U.S. Supreme Court Justice Ketanji Brown Jackson made nearly $1.2 million in book royalties last year, bringing her total to $4.14 million and making her the most highly compensated author on the high court, according to financial disclosure forms released Monday.

  • June 29, 2026

    Mich. Justices Say Murder Trial Needed Manslaughter Option

    A split Michigan Supreme Court has ordered a new trial for a man convicted of murder for a stabbing that followed a bar fight, ruling the jury in the case should have been instructed on the lesser charge of voluntary manslaughter.

  • June 29, 2026

    3rd Circ. Won't Hear Appeal In Fatal Osprey Crash Suit

    The Third Circuit on Monday denied a petition from the families of eight U.S. service members killed in a V-22 Osprey crash in November 2023 who sought to appeal the dismissal of their state court claims against The Boeing Co., Bell Textron Inc. and Universal Stainless & Alloy Products Inc. over the crash.

  • June 29, 2026

    Tax Attys Cite Justices' Venue Ruling In Seeking 4th Circ. Redo

    A father-daughter attorney duo is asking the full Fourth Circuit to rethink their convictions in a $22 million tax avoidance scheme, arguing a U.S. Supreme Court decision that came down just two days after a panel affirmed their guilty verdicts supports their argument that prosecutors pursued charges in the wrong state.

  • June 29, 2026

    NJ Panel Backs Wage Representative Suit Without Class Cert.

    A New Jersey appeals court ruled Monday that workers can pursue representative wage actions under state law without meeting the requirements for a formal class action, while partly scaling back the time period for which back wages can be sought.

Expert Analysis

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

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