Appellate

  • July 07, 2026

    11th Circ. Upholds Block of Fla. 'Stop WOKE' Law

    The Eleventh Circuit upheld a lower court's preliminary injunction on a Florida law that restricts classroom discussion of race and gender, finding on Tuesday that the law violates the First Amendment's free speech protections. 

  • July 07, 2026

    Ohio Panel Says Man's Seizure Justifies Plea Withdrawal

    An Ohio state appeals court has ruled that a man who suffered a seizure in court prior to signing a plea agreement can withdraw from the deal because the medical emergency may have rendered him unable to intelligently enter into the agreement.

  • July 07, 2026

    Groups Tell 4th Circ. Not To Let Sandoz 'Relitigate' Enbrel

    Pharmaceutical groups and the Washington Legal Foundation backed Amgen in amicus briefs Monday urging the Fourth Circuit not to revive Sandoz's antitrust claims, arguing that if Sandoz wanted to litigate blocked biosimilar competition to Enbrel, it needed to do so when Amgen sued it for patent infringement.

  • July 07, 2026

    GM, Drivers Tell 6th Circ. Opt-Outs Delaying $150M Settlement

    General Motors and class members who secured a $150 million settlement in a class action over alleged fire risks in the Chevrolet Bolt on Tuesday asked the Sixth Circuit not to let a small group of drivers opt out of the deal — or hold it up in their attempts to do so.

  • July 07, 2026

    Feds Push 3rd Circ. To Restore ACA Birth Control Exemptions

    Lawyers for the Trump administration and a Catholic religious order Tuesday asked the Third Circuit to restore broad exemptions to the Affordable Care Act's birth control coverage mandate, arguing federal agencies had discretion to pass rules that effectively enabled employers to "opt in" to the mandate rather than opt out.

  • July 07, 2026

    NJ Union Loses Appeal In Insurance Opt-Out Arbitration Row

    A New Jersey appellate panel Tuesday affirmed a state labor agency's decision blocking arbitration over Essex County's refusal to pay health insurance opt-out reimbursements to correction officers who receive state health benefits through their spouses, finding state law preempted the union's grievance.

  • July 07, 2026

    ChatGPT Edits Weren't 'Knowing' Errors, Conn. Justices Told

    A GLG Law LLC lawyer who blamed ChatGPT for misquotes and citation errors in three filings told the Connecticut Supreme Court on Tuesday he did not violate an ethics rule requiring candor to the tribunal because his briefs, though inaccurate, contained correct assertions about the law.

  • July 07, 2026

    5th Circ. Again Nixes Challenge To La. 340B Drug Delivery Law

    A Fifth Circuit panel doubled down on its decision to uphold a Louisiana law prohibiting drug manufacturers from blocking contracts between pharmacies and providers in the federal 340B drug discount program, reiterating that conclusion upon rehearing but this time allowing intervention by an advocacy group.

  • July 07, 2026

    Ga. Justices Disbar Lawyer Over Child Welfare Guilty Plea

    The Georgia Supreme Court on Tuesday disbarred an attorney for violating the Georgia Rules of Professional Conduct after he pled guilty in August 2025 to one count of endangering the welfare of children in the third degree in New Jersey.

  • July 07, 2026

    5th Circ. Backs Saltgrass In Texas Restaurant Land Row

    The Fifth Circuit backed steakhouse chain Saltgrass Inc.'s quick win in a property contract dispute that involved the planned demolition of a former Joe's Crab Shack restaurant in Humble, Texas, ruling that the demolition contractually requires Saltgrass' permission.

  • July 07, 2026

    NJ Panel Backs Atty's Trimmed Government Pension Credits

    A New Jersey state appeals court said the state's public employee pension system was right to shave eight years of service off a government prosecutor's retirement credits, finding he couldn't skirt a change in law that blocked contractors of professional services from collecting benefits.

  • July 07, 2026

    Grocers' Microcaptive Not Valid For Tax Benefit, 7th Circ. Told

    Chicagoland grocery chain owners were not entitled to microcaptive tax benefits because they failed to establish a bona fide in-house insurance arrangement, the government told the Seventh Circuit, saying the U.S. Tax Court correctly held that state law does not control the federal tax definition of insurance.

  • July 07, 2026

    10th Circ. Revives Voter Intimidation Suit Over Canvassing

    The Tenth Circuit revived voter intimidation claims against three Colorado election activists and a private group they formed to investigate alleged voter fraud after the 2020 election, holding that a lower court wrongly tossed the group from the case and too narrowly limited evidence about its canvassing campaign.

  • July 07, 2026

    Justices To Defend Court's Budget In Rare Hill Testimony

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before House and Senate committees on July 14, marking the first time in seven years that a sitting justice has gone before lawmakers.

  • July 07, 2026

    Ex-DOJ Employees Tell Senate To Reject Blanche Nomination

    Hundreds of former Justice Department employees and appointees urged the Senate in a Tuesday letter to reject the nomination of acting Attorney General Todd Blanche for the permanent role, particularly noting what they called Blanche's work toward politicizing the department.

  • July 07, 2026

    Fed. Circ. Won't Revive Dental Patent Claims In Align Feud

    The Federal Circuit on Tuesday said it won't bring back claims in a pair of dental arch image analysis patents their owner accused Invisalign maker Align Technology Inc. of infringing, backing a lower court's finding that they were invalid.

  • July 07, 2026

    NBA Star Questions Ex-Agent's Money Woes In Fees Fight

    Two-time NBA All-Star Zion Williamson is opposing his former agent's efforts to avoid paying nearly $686,000 in legal fees stemming from a lengthy contract dispute in North Carolina federal court, questioning the agent's claims of "extreme financial hardship."

  • July 06, 2026

    10th Circ. Sides With Gas Wholesalers In Storm Price Hike Suit

    Residential natural gas customers can't pursue wholesalers under Kansas state law for profiteering from a winter storm that caused natural gas prices to spike, the Tenth Circuit ruled Monday, finding their claims federally preempted under the Natural Gas Act.

  • 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.

Expert Analysis

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • 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.

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