Appellate

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 27, 2026

    7th Circ. Revives Suit Over Chobani's 'Sugar Free' Labeling

    The Seventh Circuit Monday resurrected a proposed class action claiming Chobani misled customers by labeling its yogurt as "sugar free," ruling that the naturally occurring sweetener in the yogurt constitutes a sugar under federal regulation and thus the customers have plausibly alleged consumer deception.

  • July 27, 2026

    Wash. Panel Revives Island Health Wage, Break Class Action

    A Washington Court of Appeals panel has reinstated a worker's proposed class action accusing public hospital district Island Health of denying employees meal breaks and illegally rounding time worked when calculating wages, finding Monday that a trial court wrongly concluded the claims must be arbitrated under a union agreement.

  • July 27, 2026

    US Reps Tell DC Circ. ICE Oversight Notice Policy Is Unlawful

    Lawmakers have urged the D.C. Circuit to affirm a pause on a policy requiring seven days' notice for congressional oversight visits to immigration detention facilities, saying a lower court correctly held they could challenge the policy and would likely succeed.

  • July 27, 2026

    Speech Concerns Could Sink Maine Lobster Fishers' Suit

    A panel of First Circuit judges Monday closely scrutinized the Maine lobster industry's lawsuit over a sustainable seafood report that told consumers to avoid lobster, raising doubts that the lobster fishers can overcome a bar on group defamation claims. 

  • July 27, 2026

    NY AG Urges 2nd Circ. To Deny Kalshi Sports Bet Ban Shield

    New York regulators urged the Second Circuit to deny Kalshi's request for an emergency order that would allow the prediction market company to continue conducting business in New York while its challenge to the state's gambling laws is resolved, arguing the company's operations are both prohibited and predatory.

  • July 27, 2026

    Fed. Circ. Clears Boston Scientific In $49M Stent Patent Case

    The Federal Circuit on Monday overturned a $49.4 million patent judgment against Boston Scientific, ruling that the company's drug-eluting coronary stents did not infringe a patent owned by the University of Texas System and that the patent is invalid.

  • July 27, 2026

    7th Circ. Asked To Clarify Copyright Prevailing Party Status

    A man who successfully defended himself from being held liable for damages when he was sued by a food photography company that claimed his photo of raw meat on Facebook counted as copyright infringement has asked the Seventh Circuit to find that he's the "prevailing party" for purposes of seeking attorney fees.

  • July 27, 2026

    11th Circ. Won't Revive Cop's Sex Harassment Lawsuit

    The Eleventh Circuit declined to revive a former detention deputy's sexual harassment and malicious prosecution lawsuit against two officers with the Seminole County Sheriff's Office, affirming a Florida district court's decision to free the sheriff and a sergeant from the suit.

  • July 27, 2026

    Railroads, Feds Spar Over Train Crew Size Rule In 11th Circ.

    Railroads have told the Eleventh Circuit that the Federal Railroad Administration failed to properly justify its 2024 two-person train crew rule, saying the agency flip-flopped from its previous determination that such a rule was unnecessary.

  • July 27, 2026

    4th Circ. Says Inmate Can Represent Himself At Sentencing

    The Fourth Circuit held Monday that the Sixth Amendment rights of a South Carolina man were violated when a judge denied him the ability to represent himself during sentencing because he did not make the request prior to the start of his drug-trafficking trial.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    Conn. Panel Says Bad Atty Advice Warrants New Murder Trial

    A Connecticut appeals court granted a new trial to a man convicted of murder after finding that during initial plea negotiations, an attorney representing him gave him bad advice on whether his codefendant would testify in his case.

  • July 27, 2026

    11th Circ. Nixes Disinfectant-Spraying Worker's ADA Suit

    The Eleventh Circuit refused Monday to reopen a now-deceased Georgia county employee's lawsuit alleging she was fired for taking precautions to protect herself during the COVID-19 pandemic due to her health problems, concluding she was let go for spraying co-workers with disinfectant rather than her disabilities.

  • July 27, 2026

    Conn. Justices Clarify Guilt-Inference Jury Instructions

    The Connecticut Supreme Court placed new guardrails around consciousness-of-guilt jury charges in criminal trials, refusing Monday to rewrite model instructions or toss a conviction but cautioning trial judges to convey the positions of both prosecutors and defendants in a "neutral and balanced" manner.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

Expert Analysis

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • 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.

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