Appellate

  • August 18, 2026

    NJ Justices Signaled Likely End To Daniel's Law, Experts Say

    First Amendment experts said the New Jersey Supreme Court likely doomed the state's judicial privacy law when it found that the statute did not require those seeking damages to establish mental state, a decision that the Third Circuit hinted could result in the measure being struck down.

  • August 17, 2026

    Unfair Jury Instructions Challenged Too Late, 6th Circ. Says

    An Ohio man convicted of hiring two hitmen to kill a man for stealing hundreds of thousands of dollars in cash and jewelry from him cannot challenge his "almost certainly" unconstitutional mandatory life sentence, because he waited far too long to raise the matter, the Sixth Circuit said Friday.

  • August 17, 2026

    Experts See Looming Legal Disputes Over FCC Party Balance

    The U.S. Supreme Court's recent decision to ditch case law shielding independent federal agency members from presidential removal is unlikely to resolve ongoing controversy over White House control of the Federal Communications Commission, experts said Monday.

  • August 17, 2026

    Moderna, Arbutus Clash On Gov't Venue For Vax IP Claims

    Moderna Inc. has accused Arbutus Biopharma Corp. of turning a government contractor indemnification law "upside down" by arguing the COVID-19 vaccine supplier must face infringement litigation, while Arbutus says the government is wielding that relationship to dodge liability in two separate courts.

  • August 17, 2026

    Conn. Justices Wonder If Murder Witness Had A Deal

    A divided Connecticut Supreme Court has ruled that it needs more information before it can decide whether to grant a man's habeas corpus petition that argues prosecutors in his murder case misled a jury about a key witness's leniency agreement.

  • August 17, 2026

    NJ Justices Let Murder Defendant Undo Global Guilty Plea

    The New Jersey Supreme Court on Monday ruled a defendant in separate felony murder and armed robbery cases must be allowed to withdraw his global guilty plea after evidence used in both cases was suppressed on appeal.

  • August 17, 2026

    USPTO Backs Double Patent Policy Squires Wants Reviewed

    The U.S. Patent and Trademark Office has urged the Federal Circuit to uphold the rejection of a Sanofi patent application for double patenting, days after USPTO Director John Squires said in a separate case that the policy rationale underlying both disputes should be reconsidered.

  • August 17, 2026

    Happy Egg Breaks 'Pasture Raised' False Ad Class At 9th Circ.

    The Ninth Circuit on Monday threw out class certification of California and New York consumers accusing the company behind the Happy Egg brand of deceptively labeling egg cartons with promises that its hens are "pasture raised on over 8 acres."

  • August 17, 2026

    9th Circ. Says Statute Mandates Central Valley Contract Switch

    A Ninth Circuit panel on Monday ruled the U.S. Bureau of Reclamation had no duty to complete environmental reviews before it converted dozens of water service contracts for the Central Valley Project in California in a process intended to help fund storage improvements.

  • August 17, 2026

    Mass. Justices Reject Injured Roofer's Negligent Hiring Suit

    Massachusetts' top court said Monday that state law does not recognize a negligent hiring claim when it is lodged by a subcontractor's worker against the general contractor and tossed a suit seeking to hold the contractor liable for a roofer's nearly fatal fall.

  • August 17, 2026

    10th Circ. Skeptical Of Gov't In Rwandan Refugee Appeal

    The Tenth Circuit on Monday pushed back against the U.S. government's contention that a Rwandan woman can't seek judicial review of its decision to terminate her refugee status during a rehearing of the woman's challenge of the termination. 

  • August 17, 2026

    Kalshi Loses Bid To Block Conn. Enforcement

    A Connecticut federal judge has denied a bid from KalshiEX to keep offering sports contracts while it pursues an appeal before the Second Circuit, finding the prediction market's arguments for a stay had already been rejected by the court and that it has not shown it is likely to win on appeal.

  • August 17, 2026

    Attorneys Skeptical Of Trump's 11th Circ. Appeal Of IRS Case

    Six attorneys who weighed in on President Donald Trump's $10 billion suit against the Internal Revenue Service told a Florida federal court Monday that he hasn't demonstrated that he will prove that its ruling that the settlement from the suit lacked a legitimate controversy violated due process.

  • August 17, 2026

    Mich. Panel Says Notice Rule Doesn't Bar Workers' Bias Suit

    A Michigan appellate panel has refused to dismiss sex discrimination, hostile work environment and retaliation claims by Wayne County Community College District police employees, ruling that the college is a local political subdivision and not subject to the Court of Claims Act's notice requirement.

  • August 17, 2026

    Medtech Group Faults Fed. Circ. Trade Secret Timing Rule

    A medical technology trade group and a University of Texas law professor are urging the full Federal Circuit to revisit a decision that wiped out Insulet Corp.'s trade secret win against EOFlow Co. Ltd. after finding the suit untimely, reversing a $452 million jury verdict that had been reduced to $59.4 million.

  • August 17, 2026

    Justices Asked To Ban Ten Commandments In Texas Schools

    Two dozen families on Monday urged the U.S. Supreme Court to overturn the Fifth Circuit's decision allowing Texas to require public schools to display copies of the Ten Commandments in classrooms, arguing the decision "egregiously" ignores several of the high court's religious freedom precedents.

  • August 17, 2026

    10th Circ. Won't Rehear Okla. Death Row Gender Bias Claim

    The Tenth Circuit will not reconsider its decision upholding convicted murderer Brenda Andrew's death sentence after the U.S. Supreme Court revived her claim that the use of sexualized and gender-stereotyped evidence at trial violated her constitutional rights.

  • August 17, 2026

    NC Court Won't Revisit Pot-Smell Basis For Car Search

    The North Carolina Supreme Court has again affirmed that the smell of cannabis can serve as the basis of a police search, noting that the court had already weighed in on the issue in a similar case earlier this year.

  • August 17, 2026

    2nd Circ. Says Public Can Film Police And Their Stations

    The Second Circuit said Monday it has joined "a growing chorus of our sister circuits" in finding a constitutional right to record law enforcement activity in public, as well as police buildings, but still turned away a self-described First Amendment auditor's lawsuit over his arrest while filming the exterior of a Connecticut police station.

  • August 17, 2026

    11th Circ. Revives Royal Caribbean 401(k) Fund Suit

    The Eleventh Circuit reversed a win on Monday for Royal Caribbean in a suit from cruise ship workers who alleged they lost 401(k) savings because of shoddy target-date investment funds, holding that a lower court erred in handing the cruise company an early win in a challenge to the prudence of their investment management.

  • August 17, 2026

    Justices Won't Reconsider Verizon's $47M FCC Fine

    The U.S. Supreme Court is not interested in reconsidering how it worded its June opinion upholding the Federal Communications Commission's authority to issue monetary penalties, despite Verizon arguing that the ruling left it between a rock and a hard place concerning the $47 million fine it already paid.

  • August 17, 2026

    Chattah Can't Serve As Acting Nevada US Atty, 9th Circ. Says

    The Ninth Circuit on Monday upheld a lower court ruling that Nevada's top prosecutor was not put in place lawfully and was barred from overseeing the criminal cases giving rise to the appeal, the latest state where courts have shut down attempts by the Trump administration to fill U.S. attorney vacancies without Senate confirmation.

  • August 17, 2026

    4th Circ. Says Waiver Applicants Aren't Shielded From ICE

    Federal immigration regulations do not prevent the government from deporting an unlawfully present noncitizen who is married to a U.S. citizen and is seeking to avoid being statutorily barred from reentering the country amid the green card process, the Fourth Circuit ruled.

  • August 17, 2026

    NC Gov. Nixes GOP Bill To Let Chief Justice Suspend Judges

    North Carolina Gov. Josh Stein on Monday vetoed a bill that would allow the chief justice to suspend trial court judges under investigation by the Tar Heel State's judicial watchdog, criticizing lawmakers as "playing politics" with the judiciary.

  • August 17, 2026

    Georgia DA Wants A Say In Trump Election Case Fee Battle

    Fulton County District Attorney Fani Willis is urging a Georgia appellate court to undo an order blocking her from intervening in a bid by President Donald Trump and others to recoup $16 million in legal fees in a dismissed election interference case, saying her office has a significant financial interest at stake.

Expert Analysis

  • 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.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

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