Appellate

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

  • June 25, 2026

    Ukrainian Firms Say Russia's Certiorari Bid Is Dead In Blasket

    Ukrainian power and gas companies looking to enforce some $242 million in arbitral awards against Russia are rebutting the country's argument that recent briefing from the Trump administration supports its certiorari petition, in which Moscow looks to challenge a D.C. Circuit decision rejecting its sovereign immunity defense.

  • June 25, 2026

    Goldman Sachs Seeking Review Of 4th Circ. Arbitration Denial

    Goldman Sachs wants the U.S. Supreme Court to take another look at a Fourth Circuit ruling shutting down the bank's attempt to arbitrate disputes over alleged automatic stay violations with a pair of debtors who had previously declared bankruptcy, pointing to an alleged circuit split.

  • June 25, 2026

    GOP Election Rules Appeal Sent To Ga. Supreme Court

    A Georgia appellate panel said Thursday that the state's justices, rather than the Georgia Court of Appeals, will need to consider whether two rules promulgated by the State Election Board violated the nondelegation doctrine of the state constitution.

  • June 25, 2026

    Clinic Manager Asks 4th Circ. To Upend 6-Year Fraud Sentence

    A clinic manager who paid patients in gift cards is challenging her six-year prison sentence, telling the Fourth Circuit on Thursday that a federal judge failed to consider other mitigating factors when sentencing her for healthcare fraud and failing to file a tax return.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    11th Circ. Challenges Exclusion In Arson Death Dispute

    An Eleventh Circuit panel appeared skeptical of a property insurer's argument that an exclusion for a failure to maintain an apartment complex freed it from defending the owner in a wrongful death suit stemming from arson.

  • June 25, 2026

    5th Circ. Backs FDA's Block On Vape Marketing

    The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

  • June 25, 2026

    Mich. Justices Revive BAC Proof In Fatal Crash Prosecution

    The Michigan Supreme Court ruled that a jury should be allowed to hear evidence that a motorcyclist killed in a traffic collision may have been intoxicated at the time of the crash, reversing lower court decisions that excluded the evidence from a criminal prosecution against the driver of the other vehicle.

  • June 25, 2026

    Allstate Not Liable For Contractor's Spam Calls, 7th Circ. Says

    Allstate Insurance Co. can't be held vicariously liable for a subcontractor's spam calls to a man on a do-not-call list because the insurer did not know the company had been hired and could not be directly linked to allowing that extra layer of marketing, the Seventh Circuit said Wednesday.

  • June 25, 2026

    3rd Circ. Vexed By Diabetic Worker's Atty, AI Issues

    A Third Circuit panel questioned Thursday whether a hospital employee's disclosure of her diabetes was "too little, too late" to trigger an accommodation after she was written up for sleeping on the job — and whether her attorneys should be sanctioned for filing a minor motion that appeared to include AI-hallucinated citations.

  • June 25, 2026

    Mich. Panel Says Detroit Schools Can't Use Tax For Bond Debt

    The Detroit Public Schools Community District and its predecessor have lost a bid to continue collecting an operating tax after an emergency loan is paid off, with an appellate court panel finding state law does not allow the tax to be levied to pay off other long-term debts. 

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    8th Circ. Backs Immunity In DAPL Protest Injury Dispute

    A panel of the Eighth Circuit has upheld a decision to dismiss a challenge by an environmentalist who was severely injured by North Dakota law enforcement during a protest over the Dakota Access pipeline, finding the officers are entitled to immunity and her claims of 14th Amendment violations do not meet a "shocks the conscience" threshold.

  • June 25, 2026

    Senate Confirming Judges Faster Than In Trump's 1st Term

    The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

  • June 25, 2026

    7th Circ. Won't Reinstate Trans Bus Driver's Bias Suit

    The Seventh Circuit declined to revive a transgender bus driver's suit claiming the Chicago Transit Authority fired him due to his gender identity, ruling he failed to show the decision was driven by prejudice rather than claims that he took medical leave that wasn't approved.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

  • June 25, 2026

    High Court Strikes Down Hawaii Gun Restrictions

    The U.S. Supreme Court ruled Thursday that a Hawaii law banning people from bringing firearms onto private property open to the public without express permission from the owner violates the Second and 14th amendments.

  • June 25, 2026

    Justices Let Trump End Temporary Status For Haiti, Syria

    The U.S. Supreme Court on Thursday gave the green light to the Trump administration to move forward with ending temporary protected status for Haitians and Syrians, ruling that courts are barred from reviewing such determinations.

  • June 25, 2026

    Monsanto Wins High Court Fight Over Roundup Cancer Warnings

    The U.S. Supreme Court on Thursday handed Monsanto a win in its long-running litigation battle over the labeling of alleged cancer risks of its bestselling weedkiller Roundup, clearing the path for a $7.25 billion settlement to end thousands of suits facing the Bayer AG unit by finding that the state law claims underlying a $1.25 million jury verdict are barred.

Expert Analysis

  • 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.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

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