Appellate

  • July 27, 2026

    Railroads, Feds Spar Over Train Crew Size Rule In 11th Circ.

    Railroads have told the Eleventh Circuit that the Federal Railroad Administration failed to properly justify its 2024 two-person train crew rule, saying the agency flip-flopped from its previous determination that such a rule was unnecessary.

  • July 27, 2026

    4th Circ. Says Inmate Can Represent Himself At Sentencing

    The Fourth Circuit held Monday that the Sixth Amendment rights of a South Carolina man were violated when a judge denied him the ability to represent himself during sentencing because he did not make the request prior to the start of his drug-trafficking trial.

  • July 27, 2026

    Mich. Justices Reject Federal Double Jeopardy Rule

    The Michigan Supreme Court has significantly expanded the state's constitutional protection against double jeopardy, finding prosecutors can be barred from retrying a criminal defendant following a mistrial, even if they did not specifically intend to provoke the defense into requesting one. 

  • July 27, 2026

    Conn. Panel Says Bad Atty Advice Warrants New Murder Trial

    A Connecticut appeals court granted a new trial to a man convicted of murder after finding that during initial plea negotiations, an attorney representing him gave him bad advice on whether his codefendant would testify in his case.

  • July 27, 2026

    11th Circ. Nixes Disinfectant-Spraying Worker's ADA Suit

    The Eleventh Circuit refused Monday to reopen a now-deceased Georgia county employee's lawsuit alleging she was fired for taking precautions to protect herself during the COVID-19 pandemic due to her health problems, concluding she was let go for spraying co-workers with disinfectant rather than her disabilities.

  • July 27, 2026

    Conn. Justices Clarify Guilt-Inference Jury Instructions

    The Connecticut Supreme Court placed new guardrails around consciousness-of-guilt jury charges in criminal trials, refusing Monday to rewrite model instructions or toss a conviction but cautioning trial judges to convey the positions of both prosecutors and defendants in a "neutral and balanced" manner.

  • July 27, 2026

    DC Circ. Overturns Its Own Holocaust Art Ruling

    The D.C. Circuit has substantially vacated its ruling ending long-running litigation brought by the descendants of a Hungarian Jewish art collector seeking the return of a priceless art collection looted by the Nazis, citing the passage of a new law.

  • July 27, 2026

    Google Can't Get 2nd Try At Eliminating Network-1 Patent

    A New York federal judge has denied Google's request for a second attempt at invalidating a patent asserted by a patent licensing company, rejecting its arguments that a Federal Circuit decision from last month made another try necessary.

  • July 27, 2026

    Fertilizer Biz Asks Justices To Reverse Idaho Tribal Land Swap

    An Idaho agribusiness is asking the U.S. Supreme Court to undo a Ninth Circuit decision that invalidated a U.S. Department of the Interior land transfer over tribal concerns of contamination from a planned fertilizer plant expansion, arguing the ruling undermines the country's food security, thousands of jobs and millions in economic activity.

  • July 27, 2026

    NJ Justices Set 3rd-Party Legal Fee Rules In Criminal Cases

    The New Jersey Supreme Court on Monday set forth parameters for third-party legal fee arrangements in criminal cases, upholding a murder conviction on the grounds that no conflict of interest resulted from a state witness paying his lawyer and finding that third‑party payments don't create per se conflicts of interest.

  • July 27, 2026

    Ga. Gov. Appoints Attys To Judgeship, DA Roles

    Georgia Gov. Brian Kemp has appointed a Dodd & Burnham partner and the managing partner of Walker Hulbert Gray and Moore LLP to serve as Superior Court judges and two attorneys as district attorneys.

  • July 27, 2026

    10th Circ. Upholds Colo.'s $3-A-Day Rental Car Fee

    The Tenth Circuit upheld Colorado's up-to-$3-a-day congestion impact fee on short-term vehicle rentals Monday, ruling that the charge falls on consumers rather than airport rental car companies.

  • July 27, 2026

    Hemp Co. Says DEA Defied Farm Bill By Banning HHC

    A North Carolina hemp company challenging the legality of a recent U.S. Drug Enforcement Administration rule designating a psychoactive hemp-derived compound as a Schedule I substance has told the Fourth Circuit that the agency defied Congress when it issued the rule.

  • July 27, 2026

    Cannabis In The Courts: A Midyear Litigation Review

    In the first half of 2026, lawsuits taking aim at recent federal shifts in cannabis policy, a federal ban on marijuana users owning firearms and purported residency criteria in state cannabis licensure programs were argued in multiple courts across the country.

  • July 27, 2026

    Trump Admin Appeals Partial Block On Mail Ballot Order

    The Trump administration has asked the U.S. Supreme Court to step in after the First Circuit declined on Saturday to lift a lower court's order prohibiting the administration from enforcing restrictions on mail-in balloting in 23 states and the District of Columbia in this year's general election.

  • July 27, 2026

    Pa. Felony Murder Bill Deadline Expires With No New Rules

    The deadline for Pennsylvania lawmakers to pass new sentencing rules for second-degree murder has passed, after the state Supreme Court didn't act Friday on a request to extend the delay on their ruling that mandatory life sentences for second-degree murder are unconstitutional.

  • July 24, 2026

    2nd Circ. Partly Revives NYC Employee's Disability Case

    The Second Circuit Friday vacated a lower court's dismissal of a New York City employee's suit claiming the city failed to accommodate his disability, although it said the trial court was correct in tossing the employee's discrimination and retaliation claims.

  • July 24, 2026

    1st Circ. Won't Stay Decision Blocking $100K H-1B Visa Fee

    The First Circuit on Friday refused to stay a Massachusetts federal court's order throwing out President Donald Trump's $100,000 fee for certain skilled-worker visas while the administration appeals the ruling.

  • July 24, 2026

    Abbott Wins 7th Circ. Fight Over Baby Formula Warning

    The Seventh Circuit on Friday refused to revive a woman's claims that Abbott Laboratories failed to warn about the dangers of a Similac-brand infant formula her baby drank before dying of a serious gastrointestinal disease, saying she failed to show that her suggested alternative warning would have saved her baby.

  • July 24, 2026

    'False Innuendo': Sanctioned Davis Wright Atty Rips Fee Bid

    A Davis Wright Tremaine LLP partner sanctioned for subpoena tactics is fiercely contesting a plaintiffs firm's six-figure fee bid, telling a California federal court that the request misleadingly cites alleged misconduct in separate litigation, reflecting a "naked attempt to prejudice the court's view of counsel."

  • July 24, 2026

    5th Circ. Partly Upholds Block On Texas Content Filtering Law

    A Fifth Circuit panel on Friday affirmed in part a lower court's injunction blocking Texas' new law forcing companies to filter content for underage users, though it said other portions of the law, including an age-verification requirement, were permissible.

  • July 24, 2026

    Panel Asks Fla. Justices To Clarify Right-To-Counsel Rule

    A Florida appeals court has concluded that while a man's sexual battery conviction should remain in place, the state's highest court should determine whether the Florida Constitution allows attorney-client conversations during a recess when barred by a trial judge.

  • July 24, 2026

    4th Circ. Backs Parental Limits Under Juvenile Visa Program

    The Fourth Circuit affirmed Friday that the parents of immigrant children who receive visas through a special classification for kids who have been abused, neglected or abandoned cannot seek a path to legal residency through their children.

  • July 24, 2026

    Apple Beats Bid To Revive COVID App Antitrust Suit

    The D.C. Circuit on Friday refused to revive an antitrust lawsuit that accuses Apple of unlawfully tying its iPhone to its App Store and monopolizing access to COVID-19 tracing apps, saying an app developer that sued the tech giant failed to plausibly allege relevant product markets for its claims.

  • July 24, 2026

    9th Circ. Revives Ex-Kaiser Worker's Vaccine Bias Suit

    A Ninth Circuit panel Friday revived a former Kaiser Permanente employee's discrimination suit accusing The Permanente Medical Group Inc. of unlawfully firing her for refusing a mandatory COVID-19 vaccine, ruling that the worker adequately informed the company of the vaccine's conflict with her sincerely held religious beliefs.

Expert Analysis

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • 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.

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