Appellate

  • October 14, 2025

    High Court Says Blackfeet Members Can't Join Tariff Dispute

    The U.S. Supreme Court denied a bid by members of the Blackfeet Nation to join its review of suits challenging the legality of President Donald Trump's emergency tariffs, who had argued that their inclusion in the dispute is crucial to protect Indigenous rights under federal law.

  • October 14, 2025

    Madigan Ally, Ex-ComEd CEO Can't Delay Prison For Appeal

    An Illinois federal judge on Tuesday rejected requests by the former CEO of Exelon subsidiary Commonwealth Edison and a former lobbyist to remain out of prison while they appeal their convictions for engaging in a scheme to illegally influence ex-Illinois House Speaker Michael Madigan, saying what's left on appeal are not substantial questions and they aren't likely to overturn their guilty verdicts.

  • October 14, 2025

    Self-Defense May Excuse Unintended Death, Mass. Court Says

    A defendant charged in a homicide can ask jurors to consider self-defense to excuse or at least mitigate charges in the killing of an innocent bystander, Massachusetts' highest court concluded on Tuesday.

  • October 14, 2025

    Top Court Won't Hear Michigan 'False Elector' Case

    The U.S. Supreme Court on Tuesday declined to review a Sixth Circuit decision affirming a district court's refusal to interfere with a state court case in which Michigan's attorney general accused a former Republican presidential elector candidate of plotting to submit false electoral votes after the 2020 election.

  • October 14, 2025

    9th Circ. Weighs Antrix's Bid To Nix Approval Of $1.3B Award

    Antrix Corp. Ltd. is urging the Ninth Circuit to once again refuse to enforce a decade-old $1.3 billion arbitral award issued to a satellite communications company, arguing that the award has been set aside in India and that, in any case, jurisdictional obstacles stand in the litigation's way.

  • October 14, 2025

    2nd Circ. Weighs Taking 'Novel' ICE Detainee Labor Appeal

    A Second Circuit panel mulled Tuesday if it should consider on an interlocutory basis if the New York Labor Law covers a class of detainees who allege they were underpaid by a for-profit company that manages a Buffalo-area immigration detention facility.

  • October 14, 2025

    High Court Seeks US Input On Highland Capital Ch. 11 Appeal

    The U.S. Supreme Court on Tuesday invited the federal government to weigh in on a gatekeeping mechanism meant to shield restructuring professionals from frivolous litigation in the Texas bankruptcy of defunct hedge fund Highland Capital Management.

  • October 14, 2025

    Justices Decline 7th Amendment Review In Calif. Pot Case

    The U.S. Supreme Court on Tuesday declined to hear a case arguing that the Seventh Amendment right to a jury trial in civil cases should apply in instances of local law enforcement issuing penalties for alleged illicit marijuana cultivation.

  • October 14, 2025

    High Court Won't Hear FDA Stem Cell Regulation Fight

    The U.S. Supreme Court on Tuesday declined to review a circuit court holding that a stem cell treatment derived from a patient's own tissue is subject to Food, Drug and Cosmetic Act regulations.

  • October 14, 2025

    Justices Won't Decide If 'Minute Entry' Triggers Appeal Clock

    The U.S. Supreme Court said Tuesday it won't review the Second Circuit's finding that a Connecticut federal judge's oral ruling and follow-up minute entry were formal orders that triggered a 30-day countdown to appeal losses in a sales representation contract dispute worth $1.7 million. 

  • October 14, 2025

    High Court Won't Hear Alex Jones' $1.4B Sandy Hook Appeal

    The U.S. Supreme Court on Tuesday declined to hear the appeal of right wing conspiracy theorist Alex Jones in connection with a $1.4 billion defamation judgment granted by a Connecticut state court in favor of family members of Sandy Hook school shooting victims.

  • October 14, 2025

    Justices Won't Touch Liability Ruling At Superfund Site

    The U.S. Supreme Court on Tuesday rejected a petition from Georgia-Pacific Consumer Products to review the Sixth Circuit's finding that two other businesses are not liable for future cleanup costs at a Michigan Superfund site.

  • October 10, 2025

    9th Circ. Flouting 'Imperial Judiciary' Warning, Judges Assert

    A large contingent of Ninth Circuit judges accused colleagues Friday of ignoring recent U.S. Supreme Court decisions limiting legal remedies in politically charged disputes, adding fresh fuel to a heated debate over the judiciary's handling of suits against the Trump administration.

  • October 10, 2025

    Zantac MDL Suits Were Impropely Tossed, 11th Circ. Told

    Consumers urged the Eleventh Circuit on Friday to revive their claims in a multidistrict litigation alleging that the main ingredient in the heartburn medication Zantac causes cancer, saying the court overseeing the case improperly sided with drugmakers' experts and preempted more claims from coming forward.

  • October 10, 2025

    4th Circ. Denies Shutdown-Based Stay In DOGE Access Case

    A Fourth Circuit panel has refused to grant the government more time to respond to several major unions' petition for an en banc rehearing regarding the panel's split August decision granting the Department of Government Efficiency access to personal data that is held by several federal agencies.

  • October 10, 2025

    SG Tells Justices Courts Should Defer To BIA On Persecution

    Solicitor General D. John Sauer has urged the U.S. Supreme Court to find that courts should defer to Board of Immigration Appeals' determinations on whether asylum seekers suffered persecution or the threat of persecution back home, arguing that it's a factual analysis that appellate courts are "ill-equipped to handle."

  • October 10, 2025

    5th Circ.'s FDIC Ruling 'Cries Out' For Review, Ex-CEO Says

    A former Texas bank CEO has asked the full Fifth Circuit to revive his constitutional challenge to the Federal Deposit Insurance Corp.'s in-house enforcement process, arguing that a recent panel decision to reject his case as premature "cries out" for review.

  • October 10, 2025

    AI Company Wants Justices' Input On 'Interested Party' Ruling

    Percipient.ai urged the U.S. Supreme Court to review an en banc Federal Circuit ruling limiting who qualifies as an interested party eligible to protest an alleged statutory violation committed by the government in connection with a procurement at the U.S. Court of Federal Claims. 

  • October 10, 2025

    Fed. Circ. Not Sure IPR Estoppel Binds Patent Office

    A panel of Federal Circuit judges seemed wary Friday that language from the America Invents Act barring private parties from raising multiple patent challenges also applies to the U.S. Patent and Trademark Office.

  • October 10, 2025

    Chancery Resolves Caribevision TV's Control, Management

    A series of rulings by a Delaware vice chancellor on Friday resolved for now disputes over control of Caribevision TV Network LLC, the self-described media "eyes and ears of the Caribbean" that recently saw police called in to block an attempt to replace the company's CEO.

  • October 10, 2025

    $20M Gas Plant Verdict At Texas High Court Gets Settled

    Arrow Field Services LLC settled with Linde Engineering North America Inc. after the latter secured a $20 million verdict, ending an appeal of the decision at the Texas Supreme Court Friday.

  • October 10, 2025

    Wyden Urges Justices To Revive UBS Retaliation Case Again

    Sen. Ron Wyden and several whistleblower organizations have urged the U.S. Supreme Court to revive for a second time a fired UBS worker's whistleblower retaliation lawsuit, pointing to a "deep and direct conflict" the Second Circuit has created with its latest decision in the case.

  • October 10, 2025

    DUI Defendant Can't Blame Atty For Gun License Suspension

    A lawyer's failure to alert his client that a drunken-driving conviction would cost him his license to carry a gun is not ineffective assistance of counsel, a Massachusetts intermediate-level appeals court panel concluded.

  • October 10, 2025

    Up Next At High Court: Voting Rights & Warrantless Entries

    The U.S. Supreme Court will return Tuesday to hear oral arguments in four cases, including a dispute over the constitutionality of the last remaining provision of the Voting Rights Act and whether federal prisoners seeking postconviction relief are subject to the same rules as state inmates.

  • October 10, 2025

    Calif. Panel Says City's Affordable Housing Map Is Flawed

    A California appellate court has revived a lawsuit brought by developers challenging Redondo Beach's plans to develop lower- and moderate-income housing, ruling on Friday the city's map for the plans violates state law.

Expert Analysis

  • Conflicting Developments In Homelessness Legal Landscape

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    Looking at an executive order and Third Circuit opinion from last month highlights the ongoing tension in homelessness-related legal issues facing state and local governments, property owners, and individuals experiencing homelessness, says Josh Collins, an attorney for the City of South Salt Lake.

  • What Justices Left Unsaid About The Federal Tort Claims Act

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    The U.S. Supreme Court's recent decision in Martin v. U.S. rejected the Eleventh Circuit's interpretation of the Federal Tort Claims Act in the case of a botched police raid — but left unresolved many questions about plaintiffs' ability to hold the government accountable for officers' misdeeds, says Scott Brooks at Levy Firestone.

  • Opinion

    Bar Exam Reform Must Expand Beyond A Single Updated Test

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    Recently released information about the National Conference of Bar Examiners’ new NextGen Uniform Bar Exam highlights why a single test is not ideal for measuring newly licensed lawyers’ competency, demonstrating the need for collaborative development, implementation and reform processes, says Gregory Bordelon at Suffolk University.

  • Texas High Court Decision Could Reshape Contract Damages

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    The Texas Supreme Court recently held that an order of specific performance for a real property transaction doesn't preclude a damage award, establishing a damages test for this scenario while placing the onus on lower courts to correctly determine the proper remedies and quantum of damages, say attorneys at Fried Frank.

  • The Patent Eligibility Eras Tour: 11 Years Of Post-Alice Tumult

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    A survey of recent twists and turns in patent eligibility law highlights the confusion created by the U.S. Supreme Court's 2014 Alice decision and reveals that the continually shifting standards have begun to diverge in fundamental ways between the Federal Circuit and the U.S. Patent and Trademark Office, says Michael Shepherd at Fish & Richardson.

  • Justices Could Clarify Post-Badgerow Arbitration Jurisdiction

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    If the U.S. Supreme Court grants a certiorari petition in Jules v. Andre Balazs Properties, it could provide some welcome clarity on post-arbitration award jurisdiction, an issue lingering since the court's 2022 decision in Badgerow v. Walters, says David Pegno at Dewey Pegno.

  • A Simple Way Courts Can Help Attys Avoid AI Hallucinations

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    As attorneys increasingly rely on generative artificial intelligence for legal research, courts should consider expanding online quality control programs to flag potential hallucinations — permitting counsel to correct mistakes and sparing judges the burden of imposing sanctions, say attorneys at Lankler Siffert & Wohl and Connors.

  • Strategies For ICE Agent Misconduct Suits In The 11th Circ.

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    Attorneys have numerous pathways to pursue misconduct claims against U.S. Immigration and Customs Enforcement agents in the Eleventh Circuit, and they need not wait for the court to correct its misinterpretation of a Federal Tort Claims Act exception, says Lauren Bonds at the National Police Accountability Project.

  • Opinion

    SEC Should Restore Its 2020 Proxy Adviser Rule

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    Due to concerns over proxy advisers' accuracy, reliability and transparency, the U.S. Securities and Exchange Commission should reinstate its 2020 rule designed to suppress the influence that they wield in shareholder voting, says Kyle Isakower at the American Council for Capital Formation.

  • Surveying The Changing Overdraft Fee Landscape

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    Despite recent federal moves that undermine consumer overdraft fee protections, last year’s increase in fee charges suggests banks will face continued scrutiny via litigation and state regulation, says Amanda Kurzendoerfer at Bates White.

  • What's At Stake In High Court Review Of Funds' Right To Sue

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    The U.S. Supreme Court's upcoming review of FS Credit Opportunities v. Saba Capital Master Fund, a case testing the limits of using Investment Company Act Section 47(b) to give funds a private right of action to enforce other sections of the law, could either encourage or curb similar activist investor lawsuits, say attorneys at Goodwin.

  • The Evolving Legal Landscape For THC-Infused Beverages

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    A recent Eighth Circuit ruling, holding that states may restrict the sale of intoxicating hemp-derived products without violating federal law, combined with ongoing regulatory uncertainty at both the federal and state levels, could alter the trajectory of the THC-infused beverage market, say attorneys at Pashman Stein.

  • How Securities Defendants Might Use New Wire Fraud Ruling

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    Though the Second Circuit’s recent U.S. v. Chastain decision — vacating the conviction of an ex-OpenSea staffer — involved the wire fraud statute, insider trading defendants might attempt to import the ruling’s reasoning into the securities realm, says Jonathan Richman at Brown Rudnick.

  • Cos. Must Tailor Due Diligence As Trafficking Risks Increase

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    As legislators, prosecutors and plaintiffs attorneys increasingly focus on labor and sex trafficking throughout the U.S., companies must tailor their due diligence strategies to protect against forced labor trafficking risks in their supply chains, say attorneys at Steptoe.

  • Unpacking The Supreme Court's Views On Judgment Finality

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    The U.S. Supreme Court's June opinion in BLOM Bank SAL v. Honickman reaffirmed that the bar for reopening a final judgment remains exceptionally high — even when the movant seeks to amend their complaint based on a new legal development, say attorneys at Venable.

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