Appellate

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

  • July 20, 2026

    4th Circ. Upholds Conviction Despite Closed Court Testimony

    The Fourth Circuit on Monday ruled that a North Carolina man was given a fair trial even though the courtroom was temporarily closed after a witness believed someone in the audience was trying to intimidate them.

  • July 20, 2026

    10th Circ. Backs Debt Collector In FCRA Identity Theft Dispute

    A Georgia-based debt collection company does not have to face a $500,000 jury verdict that it failed to reasonably investigate a disputed debt involving identity theft, the Tenth Circuit ruled Monday, joining other circuits in holding that it's up to the consumer to show the underlying information was incorrect.

  • July 20, 2026

    Filing Delay Dooms Mother's Traffic Stop Suit, 6th Circ. Finds

    A split Sixth Circuit panel has dismissed a woman's civil rights lawsuit alleging a Nashville police officer illegally arrested her and lied that she led him on a car chase with her son in the car, finding she waited too long to sue even though prosecutors withheld dispatch recordings that supported her story for years.

  • July 20, 2026

    DOJ Hints Russian Court Ruling May Not Stop $5B Award

    The Trump administration on Monday urged the D.C. Circuit to closely evaluate a Russian court's determination that an underlying arbitration agreement is invalid as it weighs whether to enforce a nearly $5 billion arbitral award against the Kremlin, saying circumstances surrounding the ruling should be a factor.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    9th Circ. Says Age-Based Groups Are Immutable In Asylum Bid

    The Ninth Circuit Monday revived the asylum bid of a Mexican mother and her children who escaped masked men, saying an immigration appeals panel disobeyed its own precedent when rejecting an age-based social group she based her petition on.

  • July 20, 2026

    Scientist Seeks To Enforce Journalist's 2024 Contempt Order

    Yanping Chen, a scientist who accused an FBI agent of leaking her confidential immigration records to former Fox News correspondent Catherine Herridge, is asking a D.C. federal judge to finally enforce a yearsold contempt order against Herridge now that the appeals process has run its course.

  • July 20, 2026

    Denver Strip Club Says Officer's Suit Taints Labor Appeal

    A Denver strip club Friday asked a state court judge to prohibit a Denver Labor hearing officer from presiding over its appeal challenging $14 million in fines stemming from wage theft allegations, claiming the hearing officer is biased and didn't fully disclose her professional relationship with the Denver Labor director who hired her.

  • July 20, 2026

    7th Circ. Backs Printing Co. In $265M ESOP Sale Fight

    The Seventh Circuit won't revive a lawsuit claiming a printing company's directors and employee stock ownership plan trustee illegally undersold the business into private equity for $265 million, saying a lower court made no clear errors in throwing out the case.

  • July 20, 2026

    Mass. Panel Says Competing Atty Fee Awards Can't Be Offset

    Massachusetts' intermediate-level appeals court Monday determined that a housing court was wrong to offset attorney fees awarded to a landlord against fees granted to the tenant on the other side of a housing dispute, finding the awards should be entered as separate judgments to preserve the lawyers' rights.

  • July 20, 2026

    NJ Justices Call Land Swap An Abuse Of Eminent Domain

    The New Jersey Supreme Court ruled unanimously Monday that a municipality violated state law and constitutional limits when it condemned two privately owned parcels of land to trade them to a developer, holding that the town never intended to put the seized properties to public use.

  • July 20, 2026

    4th Circ. Remands Models' Image-Misuse Coverage Fight

    An insurance company's coverage dispute with a Virginia Beach restaurant accused by a group of models of misappropriating their images was sent back to the district court Monday by the Fourth Circuit to determine if the lawsuit became moot when the restaurant settled with the models.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Wis. Village Can't Void Tribal Land Trust Order, 7th Circ. Told

    The U.S. Department of the Interior is asking the Seventh Circuit to reject a Wisconsin village's appeal that seeks to undo the agency's decision to place 500 acres into trust for the Oneida Nation, arguing that the municipality can't overcome Congress' power to regulate Indian affairs.

  • July 20, 2026

    Insurers Seek Clarity On Arbitration Estoppel Rules

    Another group of insurers is pressing the U.S. Supreme Court to resolve whether state or federal law applies when deciding whether a nonsignatory to an international arbitration agreement can force arbitration of a property damage coverage dispute, an issue they say is "of national and international importance."

  • July 20, 2026

    Grocery Chain To Shell Out $225K To Settle 401(k) Fee Suit

    A supermarket chain agreed to pay $225,000 to settle a proposed class action claiming the company allowed its 401(k) plan to be weighed down by excessive fees, according to a motion filed in New York federal court Monday.

  • July 20, 2026

    Ga. Appellate Court Affirms Contempt Order Against Atty

    The Georgia Court of Appeals affirmed a state court's decision to hold a Georgia attorney in contempt of court for a late appearance at a hearing for his client's criminal case, rejecting the attorney's claims that he wasn't given due process and was discriminated against because he's Black.

  • July 20, 2026

    Legal Center Tells 4th Circ. To Reject FCC Campaign Ad Rule

    The Campaign Legal Center has asked the Fourth Circuit to set aside recent FCC guidance on political ads, saying it violates the Communications Act of 1934.

  • July 20, 2026

    2nd Circ. Keeps Drug Sentence After Flee Attempt, Proffer Lies

    The Second Circuit upheld a 12-year sentence for a New York man convicted of drug trafficking, finding that the sentence was correct after he chartered a private jet to flee the country and lied to federal investigators about his involvement as part of a proffer agreement. 

  • July 20, 2026

    Ga. Gov. Names US Magistrate Judge To State Appellate Court

    Georgia Gov. Brian Kemp has appointed a U.S. magistrate judge for the Southern District of Georgia as a Georgia Court of Appeals judge, a move that came after the judge made the short list for a Georgia Supreme Court justice vacancy last year.

  • July 20, 2026

    Fed. Circ. Told Decision Clearing Sirius In Patent Case Flawed

    German research institute Fraunhofer-Gesellschaft has urged the Federal Circuit to revive its patent suit against SiriusXM, saying a lower court made various errors when deciding that the satellite radio giant relied on a delay in bringing the suit.

Expert Analysis

  • 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.

  • 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.

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