Appellate

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

  • July 28, 2026

    Cannabis User Urges 8th Circ. To Rehear Gun Case

    A man convicted of possessing a pistol while using marijuana is urging the Eighth Circuit to rehear his case, arguing that its prior decision to uphold his guilt conflicts with the appeals court's prior ruling requiring the government to prove that a person's drug use caused their dangerous behavior.

  • July 28, 2026

    11th Circ. Weighs Waiver In $12.2M Solar Farm Coverage Case

    An Eleventh Circuit panel grappled Tuesday with whether Zurich American Insurance Co. should be freed from a $12.2 million verdict finding it shortchanged a Georgia solar farm's storm damage claim, with one judge seeming to side with the farm's argument that a waiver of a flood deductible was possible.

  • July 28, 2026

    No COVID Immunity For Mich. Hospitals In Malpractice Revival

    Just because a motion is unopposed doesn't mean it should be granted, Michigan appellate judges said in a published opinion Tuesday, reversing a trial court's decision that the Pandemic Health Care Immunity Act shielded Beaumont Hospital Farmington Hills from a medical malpractice suit.

  • July 28, 2026

    3rd Circ. Upholds Alecto Health's Small-Biz Ch. 11 Plan

    The Third Circuit affirmed Tuesday that hospital owner Alecto Healthcare Services' streamlined Chapter 11 and the resulting plan confirmation withstood an appeal by a creditors' group.

  • July 28, 2026

    2nd Circ. Says Racist Mass Shooter Can Face Death Penalty

    The Second Circuit has determined that the federal government can seek the death penalty for a white supremacist, Payton S. Gendron, who murdered 10 Black people and wounded three others during a May 2022 mass shooting at a supermarket in Buffalo, New York, that he partly livestreamed.

  • July 28, 2026

    8th Circ. Keeps Some Claims Alive In Jail Macing Suit

    The Eighth Circuit has partially revived a lawsuit brought by four incarcerated people in a St. Louis jail, finding that guards at the facility should not be granted complete qualified immunity from claims that they used excessive force.

  • July 28, 2026

    4th Circ. Says DOL Can Argue In Lockheed Pension Suit

    A Fourth Circuit panel granted the U.S. Department of Labor's request to participate in oral arguments for a Lockheed Martin Corp. appeal challenging a Maryland federal judge's refusal to dismiss a proposed class action challenging a $9 billion pension risk transfer.

  • July 28, 2026

    Pa. Panel Narrows Test For Tax Exemption On Charities' Land

    A Pennsylvania appeals court panel held Tuesday that the Salvation Army was wrongly denied a real estate tax exemption for an outdoor retreat by the organization, saying that the entire property was operated in keeping with the group's charitable mission.

  • July 28, 2026

    Fed. Circ. Won't Rethink Expert Decision In Microsoft Case

    The Federal Circuit has turned down Microsoft's request that it revisit a panel's decision that reopened the damages amount issue in a patent infringement case brought against the tech giant by Israeli company Exafer Ltd.

  • July 28, 2026

    Court Is In Session Whenever A Judge Says It Is, 6th Circ. Told

    Court is wherever and whenever a judge says it is, counsel for a Detroit judge told a Sixth Circuit panel Tuesday, arguing that subjecting a student to a mock arrest and trial because she fell asleep during a field trip was within his jurisdiction.

  • July 28, 2026

    High Court Asked To Take Another Settled Expectations Case

    E-learning company Kahoot Inc. is pushing the U.S. Supreme Court to take up its challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, marking the second petition before the high court on the issue.

  • July 28, 2026

    1st Circ. Skeptical That JPMorgan AI Tool Broke Mass. Law

    A First Circuit panel appeared doubtful Tuesday that an artificial intelligence-powered applicant screening tool used by JPMorgan Chase & Co. constituted the kind of lie detector test that Massachusetts law bars employers from using in interviews. 

  • July 28, 2026

    Texas Panel Says Sysco Can't Arbitrate Driver Injury Claim

    A Texas appeals court on Tuesday found that Sysco USA I Inc. cannot compel arbitration in a delivery driver's injury suit, as the driver is exempt from the Federal Arbitration Act as a transportation worker.

  • July 28, 2026

    340B Appellate Cases To Watch In The 2nd Half Of 2026

    Drugmakers are pressing appellate judges in the back half of 2026 to strike down state laws blocking them from restricting 340B contract pharmacy arrangements. Law360 Healthcare Authority has the cases to watch.

  • July 28, 2026

    Nielsen Says 2nd Circ. Ruling Makes Courts Price Regulators

    Nielsen has asked the Second Circuit to reconsider a ruling upholding an injunction in a case from Cumulus accusing it of tying sales of its national radio ratings data to its local offerings, telling the appeals court the ruling turns judges into price regulators.

  • July 28, 2026

    Minn. Schools' Hail Damage May Be Covered, 8th Circ. Says

    The Eighth Circuit revived a Minnesota school district's suit seeking coverage for hail damage to the roofs of two schools, finding that the damage may fall outside a cosmetic damage exclusion if it weakened the roofs' ability to withstand the elements to the same extent as before the storm.

  • July 27, 2026

    7th Circ. Revives Suit Over Chobani's 'Sugar Free' Labeling

    The Seventh Circuit Monday resurrected a proposed class action claiming Chobani misled customers by labeling its yogurt as "sugar free," ruling that the naturally occurring sweetener in the yogurt constitutes a sugar under federal regulation and thus the customers have plausibly alleged consumer deception.

  • July 27, 2026

    Wash. Panel Revives Island Health Wage, Break Class Action

    A Washington Court of Appeals panel has reinstated a worker's proposed class action accusing public hospital district Island Health of denying employees meal breaks and illegally rounding time worked when calculating wages, finding Monday that a trial court wrongly concluded the claims must be arbitrated under a union agreement.

  • July 27, 2026

    US Reps Tell DC Circ. ICE Oversight Notice Policy Is Unlawful

    Lawmakers have urged the D.C. Circuit to affirm a pause on a policy requiring seven days' notice for congressional oversight visits to immigration detention facilities, saying a lower court correctly held they could challenge the policy and would likely succeed.

  • July 27, 2026

    Speech Concerns Could Sink Maine Lobster Fishers' Suit

    A panel of First Circuit judges Monday closely scrutinized the Maine lobster industry's lawsuit over a sustainable seafood report that told consumers to avoid lobster, raising doubts that the lobster fishers can overcome a bar on group defamation claims. 

Expert Analysis

  • 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.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

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