Appellate

  • July 20, 2026

    CIT Judge Changes IEEPA Test Case But Retains Schedule

    The U.S. Court of International Trade has selected a new underlying case as the one to test the federal government's updates on its system for refunding duties charged under President Donald Trump's struck-down global tariff regime, though it otherwise kept in place certain reporting and hearing deadlines.

  • July 20, 2026

    4 Patent Cases To Watch In The Second Half Of 2026

    New limits on the ability to challenge patents tied to when they were issued, the invalidity standards for antibody patents and the test for design patent infringement are all at issue in cases patent attorneys will be monitoring for the rest of the year.

  • July 20, 2026

    AGs Say DOJ Suit Would 'Upend' Atty Discipline System

    Attorneys general in 20 states have raised alarms over the U.S. Department of Justice's "unprecedented effort" to halt a disciplinary case in D.C. against former federal prosecutor Jeffrey Clark, warning the Trump administration is trying to "upend a centuries-old system of attorney discipline" and put federal government lawyers beyond the reach of local disciplinary authorities.

  • July 20, 2026

    Microchip Co. Will Pay $13M To End Merger Severance Fight

    A microchip-maker will pay more than $13 million to settle a long-running class action alleging it illegally shut down a severance program following a 2016 merger, according to terms of the proposed deal filed in California federal court.

  • July 20, 2026

    Top Gov't Contracting Cases To Watch In The 2nd Half Of 2026

    Federal courts in the latter half of 2026 are expected to decide if the Trump administration overstepped by designating Anthropic a supply chain risk to national security and whether the False Claims Act's qui tam provisions pass constitutional muster, potentially affecting the government's ability to tackle fraud.

  • July 20, 2026

    Meet The Attys Vying For Position 1 On The Wash. High Court

    A civil rights litigator who left a top role at the Washington state attorney general's office last fall to step in for a retiring state Supreme Court justice is vying this election season to retain the seat for the next two years, drawing opposition from a Ballard Spahr LLP tax attorney and a longtime family law practitioner.

  • July 17, 2026

    Full 3rd Circ. Wipes Out New Jersey Assault Weapons Ban

    The full Third Circuit on Friday held that New Jersey's decades-long ban on semi-automatic firearms and high-capacity magazines is unconstitutional, though some judges said the way the weapons are now being used as well as recent technological advances couldn't have been foreseen by the Constitution's framers.

  • July 17, 2026

    9th Circ. Tosses Child Sex Abuse Conviction Over Bad Search

    A Ninth Circuit panel threw out the conviction of a man who pled guilty to recording himself raping his 7-year-old daughter in Washington, saying Friday that officers discovered the videos on his computer after going beyond the bounds of an unrelated search warrant.

  • July 17, 2026

    US Seeks Toss Of Arbutus Patent Suit Over Moderna Vaccine

    The federal government asked the U.S. Court of Federal Claims on Friday to dismiss much of a patent suit against it by Arbutus Biopharma tied to Moderna's COVID-19 vaccine, saying the court couldn't hear the bulk of the case because Arbutus and Moderna reached a multibillion-dollar consent judgment that is subject to appeal.

  • July 17, 2026

    Deutsche Bank Can Pursue Billionaire Vik Over $243M Order

    A Connecticut appeals court on Friday revived a Deutsche Bank lawsuit against billionaire Alexander Vik, concluding that the bank's prior litigation loss did not bar a second lawsuit accusing Vik and his daughter of disrupting a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment.

  • July 17, 2026

    4th Circ. Bars Salvadoran Woman's Bid To Cancel Removal

    A split panel of the Fourth Circuit ruled Friday an El Salvador woman granted temporary removal relief did not have an immigration "status" and was therefore ineligible to seek to stop her deportation, breaking with precedent in the Fifth and Ninth circuits.

  • July 17, 2026

    Split DC Circ. Halts Block Of DOD Escort Rule

    A divided D.C. Circuit panel has paused a preliminary injunction blocking the U.S. Department of Defense's policy that reporters must be escorted whenever they're in the Pentagon.

  • July 17, 2026

    Pipeline Worker Engaged In Interstate Commerce, Court Says

    A Texas appeals court ruled that Energy Transfer LP cannot compel the family of a man who died in a pipeline explosion to arbitration under the Federal Arbitration Act, finding Thursday that the FAA did not apply to his employment contract because he engaged in interstate commerce.

  • July 17, 2026

    2nd Circ. Sends Sprinter's Gatorade Doping Suit To NY Court

    The Second Circuit on Friday deferred the appeal by a track athlete claiming Gatorade supplied him with tainted gummies to a New York state appeals court to determine whether his complaint is covered by state tort or contract law.

  • July 17, 2026

    Mass. Court Tosses Evidence After Bodycams Show Coercion

    Massachusetts' highest court on Friday said a gun and drugs found in a car after police repeatedly searched and pressured the driver for the key must be thrown out as evidence in a case that one of the justices, in a concurrence, says highlights the value of police-worn body cameras.

  • July 17, 2026

    Fed. Circ. Won't Review Reversal In $18M Penile Implant Case

    The full Federal Circuit said Friday that it won't review a panel decision that mostly undid a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case about penile implants.

  • July 17, 2026

    9th Circ. Rekindles Idaho Logging Review Dispute

    The Ninth Circuit revived a conservation group's suit against the U.S. Forest Service over an environmental review of an Idaho logging project, ruling that the group should have been allowed to raise an argument it had not raised during an earlier administrative process.

  • July 17, 2026

    Del. High Court Says Jarkesy Doesn't Extend To State Cases

    The Delaware Supreme Court has declined to apply the U.S. Supreme Court's Jarkesy holding to a state securities fraud suit arising from an administrative enforcement action brought by the state's Investor Protection Unit, finding there are no similar common-law cases requiring the right to a jury trial.

  • July 17, 2026

    Mich. Panel Says Restitution Doesn't Cover Memorial Jewelry

    A western Michigan man convicted of manslaughter cannot be required to reimburse a victim's family for memorial jewelry purchased after the victim's death, a Michigan appellate panel has ruled, holding for the first time that such items do not qualify as "actual funeral and related services" under the state's restitution laws. 

  • July 17, 2026

    DC Circ. Vacates Benghazi Attack Leader's 'Lenient' Sentence

    A D.C. Circuit panel vacated a lower court's 28-year sentence of a Libyan national accused of orchestrating the deadly 2012 attacks against a U.S. diplomatic mission in Benghazi, Libya, agreeing with the government that his sentence is "unreasonably lenient."

  • July 17, 2026

    6th Circ. Won't Rehear Mark Cuban-Backed FINRA Challenge

    A Sixth Circuit panel has declined to grant a full rehearing of a constitutional challenge of the Financial Industry Regulatory Authority's in-house disciplinary proceedings brought by the owner of a financial consulting company that had support from billionaire entrepreneur Mark Cuban.

  • July 17, 2026

    Conn. Justices Bar Town From Killing Errant Forest Tax Break

    A Connecticut municipal assessor did not have the authority to terminate a property tax break for forest use that was erroneously granted, the state Supreme Court said Friday, suggesting that state lawmakers could clarify the law on the matter.

  • July 17, 2026

    Ex-FDIC, CFPB Chiefs Back Colo. In 10th Circ. Rate Law Case

    Two former members of the FDIC's board of directors, one of whom also led the Consumer Financial Protection Bureau, filed an amicus brief urging the Tenth Circuit to uphold a panel's ruling reinstating a Colorado law intended to curb high-cost lending in the state that a lower court initially shot down.

  • July 17, 2026

    Fla. Justices Uphold ISIS-Radicalized Teen's Sentences

    The Florida Supreme Court has ruled that a double life without parole sentence handed down to a juvenile convicted of murder who was radicalized by ISIS propaganda on the internet does not violate state law and U.S. Supreme Court precedent forbidding mandatory life sentences for young people.

  • July 17, 2026

    DC Circ. Backs Maximum Prison Term For Trump Tax Leaker

    The D.C. Circuit has upheld the maximum prison sentence handed down in the case of an IRS contractor who pled guilty to leaking President Donald Trump's tax returns, along with thousands of others, ruling Friday that the punishment was "reasonable."

Expert Analysis

  • 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.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

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