Appellate

  • July 06, 2026

    Top Energy & Enviro Decisions Of 2026: Midyear Report

    The first half of 2026 saw the Trump administration's push to restrict renewable energy development hit judicial speed bumps and the U.S. Supreme Court potentially change the course of long-running cases that pit state governments against oil and gas heavyweights. Here are several court decisions that stood out for energy attorneys in the first half of this year.

  • July 06, 2026

    Chamber Urges 6th Circ. To Rule Against FDIC In Penalty Row

    The U.S. Chamber of Commerce has urged the Sixth Circuit to vacate a fine and industry ban leveled by the Federal Deposit Insurance Corp. against a former Michigan bank CEO, throwing its weight behind his challenge to the agency's use of in-house enforcement proceedings and pointing to the U.S. Supreme Court's Jarkesy ruling.

  • July 06, 2026

    NY Distillery Targets Wash. Liquor Sales Laws At 9th Circ.

    A New York distillery during a hearing Monday urged a Ninth Circuit panel to strike down Washington's liquor laws that allow only in-state producers to sell spirits directly to consumers, contending a lower court wrongly relied on case law around alcohol retailers — not producers — when it deemed the laws constitutional.

  • July 06, 2026

    Colo. Panel Says Prosecutors Must Be Heard On Sanctions

    A Colorado state trial court that dismissed a stabbing case as a sanction after prosecutors failed to turn over required discovery to defense attorneys in a timely fashion should have allowed opposition from prosecutors, a state appeals court said, reversing the dismissal.

  • July 06, 2026

    DOJ Urges DC Circ. Not To Freeze Medical Pot Rescheduling

    The U.S. Department of Justice has urged the D.C. Circuit not to grant a request to freeze a final rule rescheduling medical marijuana while opponents challenge the policy in a case in which various industry stakeholders are wrangling to participate.

  • July 06, 2026

    Supreme Court Lets Texas Age Verification Law Stand

    The U.S. Supreme Court on Monday gave a green light for the Texas attorney general to enforce a law requiring app stores to block minors from downloading apps without parental consent, dealing a blow to advocacy groups who hoped to stay enforcement of the law.

  • July 06, 2026

    11th Circ. Backs Feds' Use Of Accreditors In Education Funds

    The U.S. Department of Education can rely on private educational accreditors when allocating federal education dollars, the Eleventh Circuit ruled on Monday, rejecting the state of Florida's assertion that the process unconstitutionally gives these accreditors governmental power to determine funding eligibility.

  • July 06, 2026

    4th Circ. Revives Jamaican's Torture-Protection Claim

    A split Fourth Circuit panel said an immigration appeals board strayed from the appropriate review standard when it overturned removal protections granted to a man who feared he would be tortured or killed if deported to Jamaica.

  • July 06, 2026

    After Tense Terms, Hints Of High Court Harmony With Circuits

    Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.

  • July 06, 2026

    The Moments That Shaped The Monsanto Decision

    U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insights on the 7-2 outcome, highlighting issues the jurists were grappling with and showcasing rationales that found their way into the opinion.

  • July 06, 2026

    The Funniest Moments Of The Supreme Court's Term

    When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

  • July 06, 2026

    Pentagon Appeals Media Escort Ruling

    The federal government on Monday notified the D.C. Circuit that it is appealing a district judge's preliminary injunction blocking the U.S. Department of Defense's policy that reporters be escorted whenever they're in the Pentagon.

  • July 06, 2026

    Split 5th Circ. Backs Bond Hearings For Immigrant Detainees

    The Fifth Circuit has limited its recent decision permitting the federal government to subject unauthorized immigrants to mandatory detention without bond, finding such individuals are still entitled to an eventual bond hearing under their Fifth Amendment due process rights.

  • July 06, 2026

    Mass. Justices Want Explanation For Workers' Comp Rate Cut

    Massachusetts' highest court on Monday affirmed a decision by the state's insurance commissioner to reject proposed workers' compensation insurance rates but ordered the commissioner to explain the basis for decreeing a steeper rate cut. 

  • July 06, 2026

    Former NCR Execs' $48M Lifetime Benefits Deal Gets 1st OK

    Approximately 189 former NCR Corp. executives received a Georgia federal court's preliminary approval to their $47.7 million class action settlement resolving allegations the software company broke its commitment to periodically make annuity payments for life post-retirement, bringing the decade-long litigation closer to its end. 

  • July 06, 2026

    Blume Forte Beats Nagel Rice Bid To Undo Arbitration Win

    Blume Forte Fried Zerres & Molinari PC defeated a bid by Nagel Rice LLP to overturn a $56,000 arbitration award over a fee dispute between the firms before the New Jersey Appellate Division on Monday.

  • July 06, 2026

    Justices Find Middle Ground In Favoring Criminal Defendants

    The U.S. Supreme Court's criminal law rulings this term often sided with defendants, ruling in ways that defied simple conservative and liberal labels.

  • July 06, 2026

    NJ Bank Defeats Ex-Manager's Bias Suit Tied To Security Lapse

    A New Jersey appeals court ruled Monday that a bank was justified in firing a longtime branch manager who failed to ensure employees followed security protocols, rejecting her claims that the termination was motivated by age discrimination or retaliation.

  • July 06, 2026

    3rd Circ. Backs BNY In Ex-Portfolio Manager's Bias Suit

    The Third Circuit on Monday upheld Bank of New York Mellon's win in a Black former portfolio manager's race bias and retaliation suit, finding he failed to show his firing was racially motivated or that a reorganization masked retaliation for his complaints.

  • July 06, 2026

    Pa. Atty Suspended 3 Years Over Sexual Texts To Clients

    A Central Pennsylvania attorney agreed to a three-year suspension of his law license after admitting to having an inappropriate relationship with one client and sending sexually suggestive texts to another, according to orders Monday from the state supreme court.

  • July 06, 2026

    New Mortgage Triggered Notice Clause In Dog Track Loan

    Massachusetts' intermediate appellate court on Monday revived a private lender's breach of contract claims against the former owners of the Wonderland greyhound racing track, ordering a lower court to enter judgment in his favor.

  • July 06, 2026

    6th Circ. Affirms Late Forfeiture Order Despite Court Blunder

    A Sixth Circuit panel has upheld a Kentucky federal court's order requiring a veteran convicted of stealing government funds to forfeit more than $108,000, even though the lower court did not impose forfeiture until months after the sentencing hearing.

  • July 06, 2026

    Murdaugh Fights Clerk's Bid To Ax Jury-Tampering Suit

    A former court clerk found to have interfered in Alex Murdaugh's murder trial cannot escape civil claims over the tampering, the disgraced attorney told a South Carolina federal court, stating in an opposition that the clerk cannot argue her way out of the state Supreme Court's finding that she tampered with the jury.

  • July 06, 2026

    DHS Seeks To Pause Block On Voter Database Expansion

    The U.S. Department of Homeland Security is asking a D.C. federal judge to pause a ruling blocking its expansion of a database that allows states to screen voters while it appeals to the D.C. Circuit.

  • July 06, 2026

    Death Photo Privacy Ruling Failed To Clarify Law, Experts Say

    Recently, the Third Circuit ruled that a police officer sharing a photo of a man who leaped to his death, while "deplorable," did not violate the family's constitutional right to privacy — a ruling that some experts say was an exercise in hair-splitting and a missed opportunity to clarify an important area of law.

Expert Analysis

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • 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.

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