Appellate

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Ga. Atty Disbarred Over Bank Theft Conviction In Fla.

    The Georgia Supreme Court on Wednesday disbarred an attorney who pled guilty to a misdemeanor after allegedly robbing a Destin, Florida, bank and fleeing with $509.

  • September 09, 2026

    Economists Tell Fed. Circ. Float Rates Bar Temporary Tariff

    President Donald Trump's temporary global tariff lacked legal justification in the current international monetary system, a group of economists, including former U.S. Treasury secretary and Federal Reserve Chair Janet Yellen, told the Federal Circuit on Wednesday in a brief supporting challenges to the duties.

  • September 09, 2026

    2nd Circ. Says Ford Firing Dispute Needs Fresh Arbitration

    Ford Motor Co. does not have to rehire a worker the company fired twice in the early 2020s, the Second Circuit ruled, ordering a new arbitration to decide whether the worker deserves reinstatement after he was fired in 2020 for harassment and again in 2023 for lying.

  • September 09, 2026

    10th Circ. Sets Redo Of Tax Fraud Case To Study Legal Advice

    The Tenth Circuit ordered a Kansas federal court to revisit a woman's assertions that ineffective counsel led her to plead guilty to bank and tax fraud charges, saying the trial court needs to further examine whether she indeed received insufficient legal advice.

  • September 09, 2026

    3rd Circ. Seems Open To Reviving Doctor's Age, Sex Bias Suit

    A Third Circuit panel appeared receptive Wednesday to a physician's push for a second chance at her age, sex and disability discrimination suit involving a denied transfer, because the judges fired pointed questions at an attorney for the hospital where she had been a resident.

  • September 09, 2026

    Murdaugh Murder Retrial Venue Shift Fueled By Bias Concern

    A South Carolina trial court has approved a request to move Alex Murdaugh's murder retrial to a different county, finding the disgraced attorney could not expect a fair trial in Colleton County, where his wife and son were killed and where he was previously convicted for the crimes.

  • September 09, 2026

    5th Circ. Appears Skeptical Of La. Abortion Pill Suit

    Louisiana's solicitor general faced tough questions Wednesday from a Fifth Circuit panel about the state's standing to challenge federal regulations that allow abortion medication to be mailed to patients in the state.

  • September 09, 2026

    3rd Circ. Vacates Approval For NJ Pipeline Project

    The Third Circuit has vacated New Jersey's approval of a water quality certification for Transcontinental Gas Pipe Line Co. LLC's proposed Northeast Supply Enhancement project, ruling that the state unlawfully deferred requirements for monitoring and corrective action and failed to explain how the project would meet water quality standards.

  • September 09, 2026

    7th Circ. Revives Tube Slide Injury Suit Against Wis. Resort

    The Seventh Circuit has given a resort-goer another shot at personal injury claims against Mont du Lac Snowsports LLC and its insurer, finding that while he may have been a trespasser on an out-of-service tube ride, there is evidence that the resort acted recklessly in allowing him to use the tubes anyway.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    DHS Asks Justices To Revive Voter Citizenship Database

    The Trump administration asked the U.S. Supreme Court Tuesday to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, claiming a lower court's finding that the system is unlawful threatens election integrity.

  • September 08, 2026

    Mo. Keeps GOP Election Map Despite High Court Setback

    Missouri can use a new congressional map that favors Republicans in the midterms — even though it is supposed to obtain voter approval, and the U.S. Supreme Court earlier rejected an emergency bid to reinstate it — after a federal judge paused the state high court's decision prohibiting the map's use in November.

  • September 08, 2026

    9th Circ. Upholds Former Atty's Murder-For-Hire Conviction

    The Ninth Circuit on Tuesday refused to disturb the conviction of a former New York attorney accused of arranging to pay a hitman to kill the mother of his two young children in the midst of a custody battle, ruling that it doesn't matter that his payment was made to an undercover agent rather than a person who really intended to arrange for murder.

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

    Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    11th Circ. Says ACA Trans Care Rule Fight Is Moot

    The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

  • September 08, 2026

    Freddie Mac Asks 6th Circ. To Rehear Financial Crisis Case

    Freddie Mac is urging the Sixth Circuit to reconsider its recent revival of a shareholder lawsuit dating to the 2008 financial crisis, arguing an appellate panel "usurped" the lower court's authority by allowing investors to argue for class certification a third time.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    7th Circ. Backs NLRB In Fire Company's Union Dispute

    The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

  • September 08, 2026

    Artist Group Should Face 'WaveyBaby' TM Suit, Judge Says

    A New York federal magistrate judge has recommended allowing a streetwear company's trademark suit against artist collective MSCHF to proceed, finding it plausibly alleged that MSCHF's use of "Wavy Baby" for its now-discontinued sneaker was likely to cause confusion with the company's "WaveyBaby" mark.

  • September 08, 2026

    Apple Fights Masimo Bid To Add $243M To $634M Patent Win

    Apple has pressed a California federal judge to reject Masimo's request for nearly $243 million in interest atop a $634 million patent jury verdict on the Apple Watch's heart rate feature, saying the "staggering" damages are so large that adding more would be an "enormous windfall."

  • September 08, 2026

    10th Circ. Won't Block Utah Enforcement Amid Kalshi Appeal

    A pair of Tenth Circuit judges on Tuesday declined to shield Kalshi from Utah gaming regulators while it challenges a lower court ruling that cleared the way for the state to enforce its gambling laws against the firm's sports event contracts.

  • September 08, 2026

    Board Says Maduro Removal Requires Asylum Claim Redo

    The Board of Immigration Appeals said a judge failed to thoroughly consider the recent arrest and removal of Venezuelan President Nicolás Maduro before granting asylum to a woman who feared persecution for opposition to his government.

Expert Analysis

  • 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.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

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