Appellate

  • 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

    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

    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 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.

  • July 06, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week handled disputes involving arbitration, corporate control, advancement rights, freeze-out mergers and insolvent company wind-downs.

Expert Analysis

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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