Appellate

  • October 19, 2026

    4 Justices Sit Out Appeal, Leaving Copyright Ruling Intact

    The U.S. Supreme Court on Monday left intact a far-reaching Fifth Circuit ruling holding that U.S. copyright termination can recapture foreign rights conveyed in a worldwide grant, not by denying an appeal from major music publishers, but because four justices sat out and left the court without enough members to hear the case.

  • October 19, 2026

    Psilocybin Church Leader Asks 10th Circ. To Redo Ruling

    The founder of a Utah church that uses psilocybin in its practices is asking the Tenth Circuit for an en banc rehearing of a decision allowing officials to prosecute him and the church for drug use, saying the decision violates the First Amendment right to free exercise of religion.

  • October 19, 2026

    Justices Won't Test NLRB Firing Protections After Slaughter

    The U.S. Supreme Court on Monday turned away former National Labor Relations Board member Gwynne Wilcox's challenge to a split D.C. Circuit ruling allowing her firing, declining to ponder whether board members' job protections survived last term's decision in Trump v. Slaughter. 

  • October 19, 2026

    High Court To Mull Home Distilling Ban Following Circuit Split

    The U.S. Supreme Court on Monday agreed to take up a case on the federal tax code's ban on distilling whiskey at home after the Fifth Circuit found the ban unconstitutional but the Sixth Circuit upheld the ban.

  • October 19, 2026

    High Court Won't Settle Circuit Split Over Automatic Stays

    The U.S. Supreme Court on Monday refused to take up a petition asking it to resolve a circuit split over whether state-level proceedings should be automatically stayed during appeals of orders remanding cases from federal to state court.

  • October 19, 2026

    High Court Denies Review Of Navy Contract Termination Suit

    The U.S. Supreme Court on Monday declined to consider a federal contractor's dispute over the Navy's early termination of a fixed-price agreement due to staffing failures, after an appellate panel determined that the government had a right to cancel the contract for default.

  • October 19, 2026

    Justices Remand 3rd Circ. Arbitration Ruling

    The U.S. Supreme Court on Monday vacated and remanded a Third Circuit decision dismissing on jurisdictional grounds a bid by litigation funder Burford Capital to arbitrate a dispute relating to German antitrust litigation.

  • October 19, 2026

    Justices Want SG's Input On Block Of Iowa Immigration Law

    The U.S. Supreme Court on Monday called for the solicitor general's view on whether Iowa can implement a law allowing state officials to arrest previously deported noncitizens and requiring state judges to order that those individuals must leave the U.S.

  • October 19, 2026

    Justices Won't Take Up Fired Black Counselor's Bias Suit

    The U.S. Supreme Court refused Monday to review the dismissal of a Black career counselor's race bias suit alleging a government contractor that aids veterans fired her out of discrimination, declining an invitation to revisit an evidentiary framework set in a landmark 1973 ruling.

  • October 19, 2026

    Justices Reject 9/11 Plea Deals

    The U.S. Supreme Court on Monday declined to tackle two cases challenging former Defense Secretary Lloyd Austin's decision to yank back plea deals that had already been inked with three 9/11 co-conspirators.

  • October 19, 2026

    High Court Won't Hear Google's 'Settled Expectations' Case

    The U.S. Supreme Court on Monday refused to take up a case in which Google argued that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

  • October 19, 2026

    Justices Won't Hear Challenge To Chicago Towing Practices

    The U.S. Supreme Court refused on Monday to take up the constitutionality of Chicago's vehicle booting, towing, impounding and disposal practices, with two justices expressing "serious concerns" over the idea of leaving the Seventh Circuit's blessing in place.

  • October 19, 2026

    High Court Skips Blackbeard Shipwreck Copyright Clash

    The U.S. Supreme Court on Monday declined to hear a videographer's long-running copyright case over photos and videos they took of the famous pirate Blackbeard's shipwreck off the coast of North Carolina.

  • October 19, 2026

    Justices Decline To Consider Police Raid Takings Circuit Split

    The U.S. Supreme Court declined Monday to review a pair of cases that ask whether there is a police power exemption to the Fifth Amendment's takings clause, a question that has fractured the lower courts.

  • October 16, 2026

    2nd Circ. Denies Rehearing In Tylenol Autism Suits

    The Second Circuit on Friday denied a bid by Tylenol maker Kenvue and several retailers to reconsider its ruling that a district court improperly excluded expert testimony for plaintiffs who claim prenatal exposure to the over-the-counter pain reliever causes autism and ADHD.

  • October 16, 2026

    Texas Court Tosses $60M Security Guard Scuffle Verdict

    A Texas appeals court Friday tossed a roughly $60 million verdict and castigated the trial court for creating a record "rife with error" after the lower court wrongly included several corporate entities in a judgment relating to a scuffle between a security guard and a patron.

  • October 16, 2026

    Fla. High Court Says 'COVID Brain' Can't Excuse Atty Blunder

    The Florida Supreme Court found an attorney guilty of misconduct over his lack of candor when questioned about an interaction with his own witness in a paternity trial, saying there's no way "COVID brain" caused him to violate a sequestration rule and lie to a judge. 

  • October 16, 2026

    Texas Court Revives REIT's Claims Over Short Seller Article

    A Texas appellate court has partially revived a suit by a farmland-centered real estate investment trust against a Texas hedge fund that allegedly helped pen a defamatory article while short selling the REIT, saying the REIT pled valid business disparagement claims.

  • October 16, 2026

    Wash. Justices Void Vague Release Term For Sex Offender

    The Washington Supreme Court has reversed a convicted child molester's community custody condition that he not possess or access "sexually exploitive materials" because the term is not clearly defined in state law, and could potentially mean many things.

  • October 16, 2026

    NORML Urges 6th Circ. To Reconsider Pot Illegality Ruling

    The National Organization for the Reform of Marijuana Laws, a leading cannabis consumer advocate, is urging the Sixth Circuit to rehear its decision throwing out a $31.8 million jury verdict for a Michigan marijuana grower, arguing federal illegality should not categorically bar contract damages against a cannabis purchaser that breached a supply deal.

  • October 16, 2026

    5th Circ. Revives Snapper Switch Suit Against Upscale Resto

    The Fifth Circuit Friday revived a proposed class action that accused a historic fine-dining Mississippi restaurant of scheming to sell inexpensive foreign fish while pricing them as more expensive premium local fish, saying in a published opinion that a diner plausibly alleged the fish mislabeling was "widespread and routine."

  • October 16, 2026

    DC Circ. Questions Trump Records Ownership Claim

    Judges on the D.C. Circuit hounded a Trump administration attorney over the White House's attempt to do away with the Presidential Records Act on Friday, as they searched to find the limit on the president's authority over his own work documents.

  • October 16, 2026

    Whataburger Can't Arbitrate Ex-Worker's Sex Assault Suit

    A Texas appellate court has declined to send a former Whataburger employee's lawsuit to arbitration, finding that the allegations of unwanted sexual touching trigger a federal law that bars arbitration of sexual assault and sexual harassment claims.

  • October 16, 2026

    8th Circ. Upholds Denial of Gambian Man's Asylum Bid

    The Eighth Circuit denied a Gambian man's bid for asylum, saying there was no evidence in the record showing that the current administration in The Gambia would subject him to persecution for his criticisms of a past government.

  • October 16, 2026

    4th Circ. Says Religious Org. Can't Invoke Bias Law Carveout

    A split Fourth Circuit panel refused Friday to disturb a trial court's ruling that a religious humanitarian nonprofit violated discrimination laws by nixing health insurance coverage for a gay employee's husband, saying the employer was pushing for "nearly unbounded immunity."

Expert Analysis

  • 4 Words In A 1980 Law Could Redraw Bank Lending

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    The Tenth Circuit's interpretation of a single phrase in the Depository Institutions Deregulation and Monetary Control Act could reshape interstate bank lending, requiring banks and fintechs to document loan-making functions, monitor repayment triggers, and reassess true lender and contractual risks, say attorneys at Sheppard.

  • Series

    Law School's Missed Lessons: Cultivating Good Judgment

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    Law schools generally overlook the role that solid judgment skills play in real-world practice, but attorneys can bridge the gap by strengthening their abilities to assess a case’s strengths and weaknesses, develop and execute effective strategies, and provide clear recommendations to clients, says Manny Caixeiro at Venable.

  • New Del. Corp. Law's Technical Tweaks Bring Broad Changes

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    While the new amendments to the Delaware General Corporation Law, which took effect on Aug. 1, appear technical, they have broad implications for wound-down corporations and carry personal exposure for whoever signed the certificate of dissolution, hinting at where entity law is heading next, says Ashwin Ram at Buchalter.

  • 5th Circ. Ruling Hints At Loper Bright's Effect On OSHA Suits

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    The Fifth Circuit's recent decision in Exxon Mobil v. Occupational Safety and Health Review Commission relied on Loper Bright to narrow the scope of illnesses that employers must record, signaling that courts may continue to scrutinize agency assertions that deference is due, say attorneys at Ogletree.

  • Loper Bright Unlikely To Upend DEA Rescheduling Challenges

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    As cannabis industry stakeholders await a U.S. Drug Enforcement Administration ruling on broader cannabis rescheduling, the U.S. Supreme Court's 2024 decision in Loper Bright to eliminate judicial deference to agency decisions should not dramatically affect cannabis rescheduling litigation risk, but it could marginally strengthen proponents' hand if the DEA denies rescheduling, say attorneys at Dentons.

  • Money Transmission Issue Looms For Prediction Markets

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    The circuit split recently created by the Ninth Circuit's ruling in Kalshi v. Assad has implications reaching beyond gaming regulation as, depending on the ultimate characterization of prediction market event contracts, platforms may face differing obligations under federal and state money transmission laws, say attorneys at Manatt.

  • The Deep Split Over Mandatory Detention, And What's Next

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    The government’s mandatory detention policy for noncitizens who entered the U.S. without inspection has led to a spate of decisions this year, with nine circuits rejecting the government's reading of the Immigration and Nationality Act against two that have accepted it, making the issue ripe for U.S. Supreme Court review, says attorney Kemal Hepsen.

  • Intersecting Investigation Risks Loom In Next Congress

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    Taken together, two July D.C. Circuit decisions and a recent U.S. Department of Justice opinion on executive privilege may affect the procedural defenses and privilege protections available to targets of oversight in the upcoming Congress, and companies should begin preparing now, say attorneys at WilmerHale.

  • Vanda Ruling Offers New Guide To Generic Labeling Disputes

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    The D.C. Circuit's recent decision in Vanda Pharmaceuticals v. U.S. Food and Drug Administration is significant for its guidance on when generic-drug labeling remains sufficiently similar to brand labeling and when a difference requires a statutory exception, says Shashank Upadhye at Upadhye Tang.

  • 9th Circ. Comet Ruling Spotlights Trade Secret Proof Burdens

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    The Ninth Circuit’s recent decision to vacate a $40 million verdict awarded to Comet Technologies in its trade secret dispute with XP Power underscores how the burden of proof differs between federal and state law, giving litigants a fresh perspective on several issues, including how a jury should be instructed, say attorneys at Cooley.

  • Attorneys Using AI May Have Ethical Duty To Redact Docs

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    The trajectory of legal ethics guidance in recent years strongly suggests that as redaction technology becomes more accessible, the failure to use it when uploading highly confidential materials into artificial intelligence tools will become increasingly difficult to defend as reasonable, say attorneys at Lewis Brisbois.

  • Minn. Ruling Expands Insureds' Right To Independent Counsel

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    If upheld on appeal, a recent decision by a Minnesota appellate court — Fabyanske Westra Hart & Thomson v. Western National Mutual Insurance — will give Minnesota policyholders a stronger basis to demand independent counsel when an insurer accepts a defense under a reservation of rights, say attorneys at Stoel Rives.

  • Series

    Juggling And Unicycling Make Me A Better Lawyer

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    Because I juggle (sometimes with fire) and ride the unicycle, friends and family used to joke that I should join the circus, but I pursued the practice of law instead and learned that my hobbies benefit my profession in several important ways, says Morgan Eddy at Smith Currie.

  • The Future Of DOL Judge Removal Challenges After Slaughter

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    The U.S. Supreme Court's recent ruling in Trump v. Slaughter calls into question whether U.S. Department of Labor administrative law judges exercising significant governmental authority remain insulated from presidential removal, but the answer depends on the governing statute, its severability provisions and other factors, says Mark Ishu at Conn Maciel.

  • DOJ Executive Privilege Opinion Portends 3rd-Party Dilemmas

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    The recent opinion from the U.S. Department of Justice’s Office of Legal Counsel concluding that executive privilege can shield the president's communications with private advisers may lead to interbranch disputes, and companies must come up with a response plan now before they’re caught in the middle, say attorneys at Gibson Dunn.

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