Appellate

  • June 24, 2026

    Doc's Defamation Claim Against Cigna Barred By ERISA

    In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

  • June 24, 2026

    11th Circ. Urged To Toss Convictions In $1.4B Hospital Fraud

    Two brothers convicted in a $1.4 billion scheme to bill insurers inflated rates for drug tests told the Eleventh Circuit on Wednesday that there was insufficient evidence to support their convictions and that they should have been allowed an evidentiary hearing after potential juror misconduct emerged following the trial.

  • June 24, 2026

    10th Circ. Revives Tribe's Okla. Lotto Exclusivity Fee Suit

    A Tenth Circuit panel remanded a determination that the Wichita and Affiliated Tribes don't have Article II standing to be excused from paying exclusivity fees under provisions of an Oklahoma-tribal gaming compact, saying their injuries are fairly traceable to Gov. Kevin Stitt's decision to change the state's electronic gaming laws.

  • June 24, 2026

    Wells Fargo Forfeiture Suit Falls Short Again

    A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

  • June 24, 2026

    Ex-Quinn Emanuel Atty To Lead Kirkland's Appellate Practice

    Kirkland & Ellis LLP announced Wednesday it has rehired a former associate, who most recently was a national appellate practice co-chair at Quinn Emanuel Urquhart & Sullivan LLP, to be the leader of its Supreme Court and appellate practice.

  • June 24, 2026

    11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

    The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

  • June 24, 2026

    State Police Sgt. Can't Escape Race Bias Suit, 4th Circ. Says

    A Maryland State Police sergeant must face a lawsuit alleging he excluded two Black task force members from meetings and failed to address a subordinate officer's racist text message, with the Fourth Circuit ruling Wednesday that a reasonable supervisor would've understood his actions violated civil rights law.

  • June 24, 2026

    Fed. Circ. Won't Revisit Ruling On $1.5B IT Contract Correction

    The Federal Circuit declined an IT contractor's request to rehear a case that led to the U.S. Department of Commerce taking corrective action over a $1.5 billion procurement during litigation.

  • June 24, 2026

    Va. Prison Officials Immune In Strip Search Suit, 4th Circ. Says

    The Fourth Circuit ruled Wednesday that Virginia prison officials can be granted qualified immunity from a federal lawsuit alleging they subjected an incarcerated person to an unconstitutional number of strip searches.

  • June 24, 2026

    DOJ Nominee Questioned About Deleted Social Media Posts

    A nominee for a top U.S. Department of Justice position, who is a real estate attorney turned tech entrepreneur, came under fire on Wednesday for past social media posts that he's now deleted.

  • June 24, 2026

    Conn. Justices Threaten Sanctions For AI Errors

    The Connecticut Supreme Court has threatened to sanction GLG Law LLC and one of its attorneys for submitting documents in two cases "that misrepresented the law through the use of generative artificial intelligence," according to a Tuesday order that summoned them to appear in court next month.

  • June 24, 2026

    5th Circ. Sides With Starbucks On Union Backer's Firing

    The Fifth Circuit has reversed a National Labor Relations Board decision finding that Starbucks unlawfully fired a worker for supporting a unionization effort at the store, saying the decision rested on insufficient evidence that the coffee giant acted out of anti-union animus.

  • June 24, 2026

    Green Groups Ask DC Circ. To Halt Pa. Oil Plant Extension

    Four environmental groups have asked the D.C. Circuit to review the U.S. Department of Energy's emergency orders extending the life of a fossil fuel power plant outside Philadelphia, joining other litigation challenging the Trump administration's efforts to keep alive oil, gas and coal power generators that had been slated to shut down.

  • June 24, 2026

    Feds, Hemp Cos. Fight Over DEA's New HHC Rule In 2 Circuits

    The U.S. Drug Enforcement Administration and a pair of hemp product companies are butting heads in the Fourth and Ninth circuits over a newly enacted DEA rule expressly listing hexahydrocannabinol, or HHC, as a Schedule I substance under the Controlled Substances Act.

  • June 24, 2026

    How 3 Courts Are Approaching AI Adoption

    The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

  • June 23, 2026

    Kaiser Owes LA County Hospital $82M In Out-Of-Network Suit

    Kaiser Permanente's health coverage arm must pay more than $82 million to Pomona Valley Hospital Medical Center to cover unreimbursed emergency medical services, a California state judge ordered Tuesday, after a state appeals court backed a jury's verdict concerning payment for roughly 4,000 disputed medical service claims.

  • June 23, 2026

    Split DC Circ. Clears Expansion Of Expedited Removals

    A split D.C. Circuit panel on Tuesday allowed the Trump administration to move ahead with a plan to fast-track the deportation of more noncitizens, vacating a lower court's decision to put the plan on hold over what one judge called "woefully inadequate procedures."

  • June 23, 2026

    Paramount Urges High Court To Limit Video Privacy Lawsuits

    Paramount Global is calling on the U.S. Supreme Court to preserve a ruling that only consumers who directly subscribe to audiovisual goods and services can bring lawsuits under the Video Privacy Protection Act, arguing that a more expansive reading would allow plaintiffs to flood the courts and would wrongly "transform" the law into an "unworkable internet-privacy regime."

  • June 23, 2026

    High Court's Cisco Ruling Is A Win For Multinational Cos.

    The U.S. Supreme Court's decision Tuesday clearing Cisco in an Alien Tort Statute suit alleging it helped the Chinese government violate international law is a win for companies that do business in regions with possible human rights issues, experts tell Law360.

  • June 23, 2026

    BDSM Texts Don't Apply To Assault Trial, Colo. Justices Say

    The Colorado Supreme Court on Tuesday reinstated the conviction of a man who was found guilty of assaulting his wife over several days, with the high court finding that text messages the couple sent each other about their erotic fantasies were not relevant and thus inadmissible.

  • June 23, 2026

    FTC Tells 4th Circ. Court Got It Wrong In J&J Stelara Case

    The Federal Trade Commission has told the Fourth Circuit that a Virginia federal court messed up when it ruled in an antitrust suit against Johnson & Johnson that the company bringing the suit needed to show specific intent in order to prop up a monopolization claim over the immunosuppressive drug Stelara.

  • June 23, 2026

    Disney, Netflix Win Texas Cities' Franchise Tax Suit Again

    Streaming services companies including Disney and Netflix have again prevailed against multiple Texas cities accusing them of evading a state franchise tax, with a Texas appeals court reaffirming that the companies do not need to obtain franchise licenses.

  • June 23, 2026

    11th Circ. Mulls DOT Order Scrapping Delta, Aeromexico JV

    The Eleventh Circuit on Tuesday questioned whether the U.S. Department of Transportation sufficiently analyzed the competitive effects of Delta Air Lines' joint venture with Aeromexico — or considered alternative conditions — before ordering the airlines to dismantle their nearly decade-long partnership.

  • June 23, 2026

    9th Circ. Allows Airport Cleaning Co. To Arbitrate Wage Claims

    A company that offers janitorial services to airports can compel arbitration in a former employee's wage and hour proposed class action, the Ninth Circuit ruled Tuesday, reversing a California district court's determination that the arbitration agreement was unconscionable.

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

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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