Appellate

  • July 29, 2026

    X, Ad Group End Fight Over Alleged Ad Boycott Scheme

    Elon Musk's X will no longer pursue its claims that the World Federation of Advertisers schemed to have advertisers boycott the social media company by cutting back on or stopping ad purchases, the company and advertising trade group announced Wednesday.

  • July 29, 2026

    9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

    The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

  • July 29, 2026

    2nd Circ. Backs Ex-Shkreli Atty's 401(k) Restitution Deal

    A New York trial judge erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from tax penalties, the Second Circuit ruled Wednesday.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    1st Circ. Mulls Temu's Bid To Reinstate Suit Against IP Atty

    A First Circuit panel seemed torn Wednesday over whether to revive Chinese e-commerce giant Temu's lawsuit accusing an intellectual property attorney of lying to induce the company into settlements with two clients.

  • July 29, 2026

    NJ Justices Clarify New-Evidence Standards In Murder Case

    The New Jersey Supreme Court on Wednesday held that one of its opinions concerning requests for retrial due to newly discovered evidence has a higher threshold than the similar U.S. Supreme Court landmark case Brady v. Maryland.

  • July 29, 2026

    8th Circ Reverses Meth User Gun Case Over New Rulings

    The Eighth Circuit has reversed a Missouri man's gun conviction, finding that a decision earlier this year from the U.S. Supreme Court changes what kind of analysis is needed to decide whether to dismiss firearms-related charges filed against known drug users.

  • July 29, 2026

    10th Circ. Trims $20M Judgment In Wyo. Coal Royalty Row

    A Tenth Circuit panel said a Wyoming federal judge erred when she ordered Bridger Coal Co. to recalculate royalty payments to Wildcat Coal LLC going back to 1986 in a dispute over payments between 2016 and 2020.

  • July 29, 2026

    Calif. Court OKs $11M Verdict In Motorcycle Crash Case

    Los Angeles' publicly owned utility provider can't avoid an $11 million judgment after one of its van drivers caused a crash that left a motorcyclist with lifelong injuries, a California appeals court ruled, saying the city couldn't meet the "almost impossible" burden needed to prove the biker's "excessive speed" substantially caused the collision.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    Securities Class Actions To Watch: Mid-Year Report

    A trio of circuit court appeals tied to the class certification process in shareholder suits and a U.S. Supreme Court appeal that also touches on certification are among the cases that securities litigators are keeping an eye on in the second half of 2026.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Fla. DOH Worker Wasn't Fired For Blowing Whistle, Court Says

    A Florida appeals court on Wednesday affirmed the state's win against a former Florida Department of Health employee who claimed she was told to fabricate COVID-19 data, finding that she was not fired in retaliation for protected whistleblower activity.

  • July 29, 2026

    Fla. Panel Rules Against Firefighter Over Medical Cannabis

    A Florida appellate court on Wednesday sided with a county for terminating a firefighter-paramedic who tested positive for cannabis in a random drug screen, saying he wasn't entitled to a workplace accommodation for having a medical marijuana card.

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Madigan Asks Supreme Court To Review His Bribery Verdict

    Former Illinois House Speaker Michael Madigan asked the U.S. Supreme Court on Wednesday to review his conviction on bribery, conspiracy and wire fraud charges, arguing that the "novel" theories behind his prosecution "stretch federal bribery law in ways that threaten to criminalize and chill lawful interactions between state and local officials and their constituents."

  • July 29, 2026

    Colo. Hospital Patients In Gender Care Suit Seek Class Cert.

    Transgender adolescents urged a Colorado state judge Wednesday to allow them to proceed as a certified class in their lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming care for them and other transgender youth patients, arguing the class is "objectively definable."

  • July 29, 2026

    Conn. Panel Says No Mistrial After 'Known Felon' Remark

    The Connecticut Appellate Court has ruled that a man convicted of conspiracy to commit murder was not entitled to a mistrial just because a police detective's testimony that DNA evidence in the case matched a profile for a "known felon."

  • July 29, 2026

    11th Circ. Leery Of Bid To Revive Citibank ATM Fee Bias Suit

    The Eleventh Circuit appeared skeptical Tuesday of customers' push to unwind Citibank's victory in a suit over a program that waives ATM fees at minority-owned banks, pressing the challengers on whether they had standing to bring the lawsuit. 

  • July 29, 2026

    9th Circ. Revives Biotech Worker's Pension Plan Suit

    The Ninth Circuit reopened a former Calbiotech Inc. scientist's lawsuit claiming the company unlawfully hid the existence of a pension plan, saying a trial court erred in concluding that a document specifying who was eligible to participate in the plan was legitimate.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

  • July 29, 2026

    Pa. Justices To Review Record $207M UPenn Med Mal Verdict

    The Pennsylvania Supreme Court will review whether a Philadelphia jury wrongly put a record-setting $207 million medical malpractice judgment entirely on the Hospital of the University of Pennsylvania, or if jurors needed to have decided the individual liability of the employees involved in an allegedly botched baby delivery.

  • July 29, 2026

    GOP Bill To Curb Judge Shopping May Have Limited Effect

    A Senate Republican has introduced legislation that he says will fix the judge shopping issue, but court observers don't think it will make much of a difference.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Split Pa. Panel Won't Boot Judge From Property Cases

    A Pennsylvania appellate court says an Allegheny County trial judge properly denied a real estate developer's request for her to recuse herself from a property conservatorship case and that the judge's rulings were not affected by alleged bias from family connections to separate cases.

Expert Analysis

  • 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.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

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