Appellate

  • August 12, 2026

    Zillow Investors Urge Justices To Reject Post-Goldman Case

    Zillow investors have asked the U.S. Supreme Court not to hear a lawsuit over the company's shuttered homebuying business, arguing that the justices should reject Zillow's request to apply a "new, stricter rule" for certifying shareholder class actions.

  • August 12, 2026

    Kalshi Uses CFTC Order To Build Case For NY Shield

    Kalshi intensified its push for the Second Circuit to shield it from a New York state lawsuit targeting its sports event contracts Wednesday, arguing a new U.S. Commodity Futures Trading Commission directive demonstrates the company's need for protection.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • August 12, 2026

    Mich. Panel Backs TV Station In Reporter's Sex Bias Suit

    A former WXYZ reporter lost her sex discrimination suit when a Michigan state appeals court ruled the Detroit station had legitimate reasons for paying a male reporter more and that comments about her "distracting" forehead were not direct evidence of sex bias. 

  • August 12, 2026

    9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

    The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

  • August 12, 2026

    Justices To Hear Ex-Fulton County DA Aide's Bias Case

    The U.S. Supreme Court has scheduled oral arguments for a former Fulton County District Attorney's Office aide's appeal seeking to revive her pregnancy discrimination claim against her employer.

  • August 12, 2026

    NJ Panel Says Parents Failed To Give Notice In Death Suit

    A New Jersey appellate panel on Wednesday affirmed the dismissal of a suit by two parents alleging that a doctor's negligence caused the death of their infant daughter shortly after birth, finding they did not provide a notice of claim once they became aware the doctor was a public employee.

  • August 12, 2026

    4th Circ. Allows Review Of Immigrant's Untimely Petition

    The Fourth Circuit on Tuesday vacated a Board of Immigration Appeals ruling denying a Salvadoran man's bids to avoid removal back to El Salvador after fleeing from MS-13, using its equitable relief powers to toll a statutory 30-day petition filing deadline.

  • August 12, 2026

    Mich. Panel Keeps Judicial Hopeful Off Hamtramck Ballot

    A disqualified Michigan judicial candidate lost his reinstatement bid after an appellate court panel upheld a state Court of Claims decision saying he is ineligible to run because he failed to satisfy a requirement that he live in the city for a minimum of 30 days prior to the filing deadline.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    1st Circ. Says NH Witness Retaliation Is No Basis For Removal

    A conviction for witness retaliation did not make a Liberian citizen living in New Hampshire removable from the U.S., a First Circuit panel ruled, overturning a Board of Immigration Appeals decision to the contrary.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 12, 2026

    1st Circ. Backs Insurer In Pregnancy Bias Judgment Coverage

    An insurer does not have to pay a tech company's $300,000 judgment in an employment action alleging a worker experienced discrimination and retaliation during her pregnancy, the First Circuit said Tuesday, ruling the company first received notice of the claim before the policy period.

  • August 12, 2026

    9th Circ. Enforces $2B Devas Satellite Award

    The Ninth Circuit on Wednesday enforced an over $2 billion arbitral award issued to a satellite communications company, ruling for the first time that the legal concept that a dispute might be better heard elsewhere does not apply in cases seeking to enforce international arbitral awards.

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    US Fights Ayahuasca Church's $240K Fee Bid As Excessive

    The U.S. government is slamming as "exorbitant" a Phoenix church's request for $240,000 in fees — a sum racked up while the church was arguing for a $2 million attorney payout — arguing that the litigation was unnecessary because the church could have secured the right to use the psychoactive beverage ayahuasca in religious ceremonies via an administrative process.

  • August 11, 2026

    Abbott, Mead Must Face Baby Formula Retrial, Mo. Panel Says

    A Missouri appeals court on Tuesday affirmed a new trial order in a suit accusing Abbott Laboratories and Mead Johnson of selling baby formula that causes a serious condition in preterm infants, agreeing with the trial court that the verdict was not supported by the evidence.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    Red States Back DA's Office In High Court Bias Carveout Fight

    A group of mostly Republican state attorneys general backed a Georgia prosecutor's office, urging the U.S. Supreme Court to reject a former aide's argument she wasn't covered by a Title VII exemption for the personal staff of elected officials.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

  • August 11, 2026

    Mich. Appeals Panel Restores Ethnic Threat Jury Standard

    Semantics matter, a Michigan Court of Appeals panel said in an unpublished opinion Monday, reversing a trial court's order regarding jury instruction language used in an ethnic intimidation trial.

Expert Analysis

  • Why 4th Circ.'s Clean Water Act Injunction Ruling Matters

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    The Fourth Circuit's ruling last month in West Virginia Rivers Coalition v. Chemours, holding that a Clean Water Act permit violation does not automatically create a presumption of irreparable harm that requires a preliminary injunction, avoided a dramatic change in CWA enforcement, say attorneys at Hunton.

  • USPTO-Fed. Circ. Split Complicates Machine Learning Patents

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    The wide chasm between the USPTO's and the Federal Circuit's approach to eligibility for machine learning patents means that patent drafters must avoid functional claiming and specifications if they hope to avoid invalidation of a machine learning patent at the appellate court, says attorney Michael Kiklis.

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • 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.

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