Appellate

  • September 09, 2026

    Rise Brewing Urges Justices To Let Juries Weigh TM Strength

    RiseandShine Corp. urged the U.S. Supreme Court on Tuesday to reject what it called the Second Circuit's outlier rule allowing judges to decide the strength of a trademark, arguing in its opening merits brief that the question belongs to juries because it hinges on how ordinary consumers perceive a mark.

  • September 09, 2026

    Ex-Judge, Law Profs Urge 4th Circ. To Limit Digital Warrants

    A former federal magistrate judge and a group of law school professors from around the country have urged the Fourth Circuit to find that a geofence warrant at the heart of a major U.S. Supreme Court decision is too broad in light of the high court's ruling.

  • September 09, 2026

    Fla. Panel Nixes $8.1M Injury Verdict In SeaWorld Suit

    A Florida appeals panel on Wednesday vacated an $8.1 million verdict in favor of a mother whose child was injured at a SeaWorld Halloween event, saying the trial court wrongly found that the child was an invitee when he snuck onto a circus trampoline, jumped on it and fell off.

  • September 09, 2026

    Mass. Justices Probe $8M Waterfront Sale To Audubon Group

    A justice on Massachusetts' top court asked Wednesday whether a court-appointed receiver had a duty to investigate more lucrative offers before selling an 18-acre abandoned industrial site to a nonprofit that intends to turn the property into a wildlife sanctuary.

  • September 09, 2026

    Mass. Justices Wary Of Easing Restrictions On Noncompetes

    Massachusetts top court justices hearing a case over a state law restricting noncompete provisions appeared reluctant Wednesday to carve out high-level employees who might sign such agreements as part of a separate deal for equity or other incentives.

  • September 09, 2026

    Ga. Atty Disbarred Over Bank Theft Conviction In Fla.

    The Georgia Supreme Court on Wednesday disbarred an attorney who pled guilty to a misdemeanor after allegedly robbing a Destin, Florida, bank and fleeing with $509.

  • September 09, 2026

    Economists Tell Fed. Circ. Float Rates Bar Temporary Tariff

    President Donald Trump's temporary global tariff lacked legal justification in the current international monetary system, a group of economists, including former U.S. Treasury secretary and Federal Reserve Chair Janet Yellen, told the Federal Circuit on Wednesday in a brief supporting challenges to the duties.

  • September 09, 2026

    2nd Circ. Says Ford Firing Dispute Needs Fresh Arbitration

    Ford Motor Co. does not have to rehire a worker the company fired twice in the early 2020s, the Second Circuit ruled, ordering a new arbitration to decide whether the worker deserves reinstatement after he was fired in 2020 for harassment and again in 2023 for lying.

  • September 09, 2026

    10th Circ. Sets Redo Of Tax Fraud Case To Study Legal Advice

    The Tenth Circuit ordered a Kansas federal court to revisit a woman's assertions that ineffective counsel led her to plead guilty to bank and tax fraud charges, saying the trial court needs to further examine whether she indeed received insufficient legal advice.

  • September 09, 2026

    3rd Circ. Seems Open To Reviving Doctor's Age, Sex Bias Suit

    A Third Circuit panel appeared receptive Wednesday to a physician's push for a second chance at her age, sex and disability discrimination suit involving a denied transfer, because the judges fired pointed questions at an attorney for the hospital where she had been a resident.

  • September 09, 2026

    Murdaugh Murder Retrial Venue Shift Fueled By Bias Concern

    A South Carolina trial court has approved a request to move Alex Murdaugh's murder retrial to a different county, finding the disgraced attorney could not expect a fair trial in Colleton County, where his wife and son were killed and where he was previously convicted for the crimes.

  • September 09, 2026

    5th Circ. Appears Skeptical Of La. Abortion Pill Suit

    Louisiana's solicitor general faced tough questions Wednesday from a Fifth Circuit panel about the state's standing to challenge federal regulations that allow abortion medication to be mailed to patients in the state.

  • September 09, 2026

    3rd Circ. Vacates Approval For NJ Pipeline Project

    The Third Circuit has vacated New Jersey's approval of a water quality certification for Transcontinental Gas Pipe Line Co. LLC's proposed Northeast Supply Enhancement project, ruling that the state unlawfully deferred requirements for monitoring and corrective action and failed to explain how the project would meet water quality standards.

  • September 09, 2026

    7th Circ. Revives Tube Slide Injury Suit Against Wis. Resort

    The Seventh Circuit has given a resort-goer another shot at personal injury claims against Mont du Lac Snowsports LLC and its insurer, finding that while he may have been a trespasser on an out-of-service tube ride, there is evidence that the resort acted recklessly in allowing him to use the tubes anyway.

  • September 09, 2026

    Justice Roberts Won't Pause Dutch Software Co.'s IP Trial

    U.S. Chief Justice John Roberts on Wednesday rejected a Dutch software company's bid to postpone an upcoming trademark trial with its former U.S. partner while it petitions for review of the lower court's injunction and contempt orders.

  • September 08, 2026

    DHS Asks Justices To Revive Voter Citizenship Database

    The Trump administration asked the U.S. Supreme Court Tuesday to reinstate the U.S. Department of Homeland Security's upgraded citizenship verification database ahead of this year's midterm elections, claiming a lower court's finding that the system is unlawful threatens election integrity.

  • September 08, 2026

    Mo. Keeps GOP Election Map Despite High Court Setback

    Missouri can use a new congressional map that favors Republicans in the midterms — even though it is supposed to obtain voter approval, and the U.S. Supreme Court earlier rejected an emergency bid to reinstate it — after a federal judge paused the state high court's decision prohibiting the map's use in November.

  • September 08, 2026

    9th Circ. Upholds Former Atty's Murder-For-Hire Conviction

    The Ninth Circuit on Tuesday refused to disturb the conviction of a former New York attorney accused of arranging to pay a hitman to kill the mother of his two young children in the midst of a custody battle, ruling that it doesn't matter that his payment was made to an undercover agent rather than a person who really intended to arrange for murder.

  • September 08, 2026

    8th Circ. Backs Tribal Court In Energy Co.'s Easement Fight

    The Eighth Circuit has agreed with a tribal judge and thrown out a federal court's preliminary injunction barring him from hearing a suit brought by members of the Three Affiliated Tribes against an energy company over an easement agreement.

  • September 08, 2026

    FCC Data Breach Reg Can't End-Run Congress, 6th Circ. Told

    Now that the Sixth Circuit has decided hold a full panel rehearing of its decision upholding the FCC's expanded data breach notification rules for telecommunications carriers, conservative legal groups are coming together to urge the appellate court to reject the Biden-era rule.

  • September 08, 2026

    Amgen Tells 4th Circ. No Point In Keeping CareFirst Suit Alive

    Amgen urged the Fourth Circuit to overrule a Virginia federal judge's refusal to dismiss CareFirst's lawsuit accusing it of unlawfully delaying biosimilar competition for Enbrel, arguing that the health insurer's alleged injury was actually caused by court orders enforcing Amgen's patents.

  • September 08, 2026

    11th Circ. Says ACA Trans Care Rule Fight Is Moot

    The Eleventh Circuit refused to revive a challenge to a gender-affirming care rule from the Biden administration that was later reversed by the Biden administration, concluding that the issue has become moot while the appeal was pending.

  • September 08, 2026

    Freddie Mac Asks 6th Circ. To Rehear Financial Crisis Case

    Freddie Mac is urging the Sixth Circuit to reconsider its recent revival of a shareholder lawsuit dating to the 2008 financial crisis, arguing an appellate panel "usurped" the lower court's authority by allowing investors to argue for class certification a third time.

  • September 08, 2026

    Trial Is Quickest Path To IP Case's 'Finality,' Justices Told

    A North Carolina software company told the U.S. Supreme Court Tuesday not to pause an upcoming trademark trial with its former Dutch partner over a licensing agreement that went south, saying the quickest way to a resolution of the long-running litigation is to finally bring it to a jury.

  • September 08, 2026

    7th Circ. Backs NLRB In Fire Company's Union Dispute

    The Seventh Circuit on Tuesday backed a federal labor enforcers' finding that an Illinois fire-suppression company breached an earlier settlement with its employees when it stopped recognizing their union and bargaining for a first contract.

Expert Analysis

  • 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.

  • 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.

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