Appellate

  • August 20, 2026

    Coal Co. Loses 4th Circ. Challenge To Black Lung Benefits

    The Fourth Circuit on Thursday upheld a Black Lung Benefits Act award to a former underground electrician, finding that an administrative law judge reasonably relied on two medical experts who linked his chronic lung problems to nearly 12 years of coal mine work.

  • August 20, 2026

    Fla. Panel Reinstates $6.8M Injury Verdict Against Walmart

    A Florida state appeals court has reinstated a $6.8 million verdict awarded to a woman severely injured after she was struck by a pallet jack while shopping, saying a retrial was unwarranted because there was insufficient evidence jurors improperly discussed the case.

  • August 20, 2026

    Woman's Hit-And-Run Injuries Not Covered, 8th Circ. Says

    A woman struck by a vehicle while crossing the street is not entitled to uninsured motorist coverage under her employer's auto policy, the Eighth Circuit ruled Thursday, saying she was not an insured under the policy because she was not occupying a covered vehicle at the time of the incident.

  • August 20, 2026

    9th Circ. Revives Can-Am Fuel Claims Against Sinclair, Glovis

    A unanimous Ninth Circuit panel on Thursday revived Can-Am Fuel Distribution LLC's federal franchise claims against Sinclair Oil LLC and Glovis America Inc., holding the companies' licensing agreements are covered by the Petroleum Marketing Practices Act despite an "unusual variation" in the parties' relationship.

  • August 20, 2026

    11th Circ. Saves Delta-Aeromexico Joint Venture

    The Eleventh Circuit on Thursday handed Delta Air Lines and Aeromexico a decisive win by vacating a U.S. Department of Transportation order directing them to dismantle their nearly decadelong joint venture, saying the DOT applied a skewed standard and made unsupported findings about the partnership's purported anticompetitive effects.

  • August 20, 2026

    Colo. Panel OKs Suspect's DNA Collection From Trash

    A divided Colorado state appeals court panel Thursday ruled that investigators did not need a warrant to collect a cold-case murder suspect's DNA from garbage he left in a publicly shared dumpster, saying abandoned property is not subject to privacy protections.

  • August 20, 2026

    9th Circ. Sides With NLRB In Wash. Terminal Union Work Fight

    The full Ninth Circuit Thursday backed the National Labor Relations Board's decision in a union battle for work on a Seattle marine cargo terminal, ruling the International Longshore and Warehouse Union can't use the "work-preservation defense" to defeat accusations that it illegally pressured an employer for disputed work.

  • August 20, 2026

    11th Circ. Denies YouTube Bid For Atty Fees In Copyright Fight

    The Eleventh Circuit on Thursday upheld a Florida federal judge's refusal to award attorney fees to YouTube after the platform defeated copyright claims accusing it of failing to remove pirated films, finding no abuse of discretion in the lower court's analysis.

  • August 20, 2026

    Mich. Appeals Court Bars Hearing Testimony At Murder Retrial

    A Michigan state appeals court has ruled that testimony provided by witnesses at a hearing where a defendant argued he had ineffective counsel at his murder trial cannot be used in an upcoming new trial, even though the hearing witnesses are not available to testify again.

  • August 20, 2026

    Ticket Buyers Ask 2nd Circ. To Nix Live Nation Arbitration

    Concertgoers who purchased tickets on the secondary market are asking the Second Circuit to vacate a lower court's decision forcing them to arbitrate their antitrust claims against Live Nation and its Ticketmaster unit.

  • August 20, 2026

    Binance Can't Arbitrate Crypto-Laundering Claims After All

    A Florida federal judge on Thursday vacated a ruling that compelled arbitration for proposed class claims alleging that Binance laundered stolen cryptocurrency, after a decision came down from the Eleventh Circuit finding that the individuals who filed their actions didn't have contractual relationships with the exchange.

  • August 20, 2026

    Ga. Panel Revives Man's Suit Over Accidental Shooting

    Georgia appellate judges reinstated a personal injury suit by a man whose leg was amputated after being accidentally shot by a teenager, ruling Wednesday the defendants failed to show no other insurance coverage was available for the injuries under a commercial auto policy the teen's father had through his business. 

  • August 20, 2026

    USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

  • August 20, 2026

    Colo. Court Affirms Boulder Stormwater Fees Aren't Taxes

    Stormwater fees in Boulder, Colorado, that were used in part to repay $66 million in bonds are not taxes subject to voter approval under the state's Taxpayer Bill of Rights, an appeals court said Thursday, affirming a state district court.

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

  • August 20, 2026

    Colo. Panel Says Pretrial Meeting Didn't Affect Med Mal Trial

    A Colorado state appeals court on Thursday rejected a man's bid for a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, finding the man did not show that an ex parte meeting between defense counsel and his own surgeon affected the trial's outcome.

  • August 20, 2026

    NC Justices Asked To Limit Bar's Reach Over Former Judges

    A former state court judge has asked the North Carolina Supreme Court to review a Court of Appeals' ruling allowing the state bar to discipline ex-jurists, characterizing the decision as an "attack on an independent judiciary" and calling for the justices to resolve a question of statutory authority they left unanswered a decade ago.

  • August 20, 2026

    DOJ Pot Shift Changes LA Licensing Challenge, 9th Circ. Told

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state entrants told the Ninth Circuit that recent federal shifts on medical marijuana mean the dormant commerce clause should apply to the once-federally illicit industry.

  • August 20, 2026

    Trade Groups Back Apple In 9th Circ. Class Decert. Fight

    The U.S. Chamber of Commerce and other trade and advocacy groups backed Apple Wednesday with amicus briefs telling the Ninth Circuit to reject an appeal from consumers looking to undo the decertification of a class of roughly 200 million people in an antitrust case targeting App Store policies.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Disbarred Atty Can't Keep Alive Suit Against NJ Ethics Officials

    The Third Circuit has refused to revive a disbarred attorney's suit against two New Jersey Office of Attorney Ethics lawyers, finding a district judge who recused herself from the case did not enter any substantive orders after granting the motion to recuse.

  • August 20, 2026

    2nd Circ. Says Justices' Remand Can't Save Immigrant's Case

    The Second Circuit rejected a Chinese citizen's bid to avoid removal after he pleaded guilty to theft by deception under New Jersey law and forgery under New York law, analyzing what "conviction" means after the U.S. Supreme Court remanded the case.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

Expert Analysis

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

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