Appellate

  • August 19, 2026

    11th Circ. Won't Revive Ex-Deputy's Suit Over Affair Fallout

    A former Georgia deputy and his wife cannot revive their lawsuit accusing county officials of violating their constitutional rights after it was revealed that the deputy was having an extramarital affair with an official's wife while on duty, the Eleventh Circuit said Wednesday.

  • August 19, 2026

    Pro-Business Foundation Backs J&J's Stelara Antitrust Win

    Insurer CareFirst's bid to revive an antitrust lawsuit against Johnson & Johnson over its acquisition of patents affecting competitors would throw cold water over drug company mergers, burden government regulators and strip the issue of intent out of antitrust enforcement, according to an amicus brief filed by the Washington Legal Foundation.

  • August 19, 2026

    8th Circ. Backs $1B Broker Commissions Settlement

    The Eighth Circuit decided Wednesday to affirm a more than $1 billion class action settlement that's supposed to resolve antitrust claims against the National Association of Realtors and multiple real estate brokerages, which were accused of running an anticompetitive scheme that involved the brokerages following NAR rules that artificially inflated buyer-broker commissions.

  • August 19, 2026

    NJ Justices Bar Abuse Claims Against Nat'l Boys & Girls Club

    The New Jersey Supreme Court held Wednesday that the national Boys & Girls Clubs of America can't face litigation in the state over decades‑old abuse allegations at a Jersey City affiliate, finding the claims do not stem from the national organization's ties to the state.

  • August 19, 2026

    Ohio Court Won't Unseal Files Sought In Wrongful Death Suit

    The Ohio Supreme Court on Wednesday ruled that sealed criminal court records should not be unsealed so that they can be used in a civil wrongful death lawsuit, saying there is no evidence the records were improperly restricted.

  • August 19, 2026

    6th Circ. Backs Blue Cross Over Reimbursement Rate Dispute

    The Sixth Circuit on Wednesday upheld Blue Cross Blue Shield of Michigan's defeat of a lawsuit alleging it shortchanged several medical providers despite promising higher reimbursement rates before a La-Z-Boy employee received care, ruling the providers' claims were superseded by federal benefits law.

  • August 19, 2026

    Immigration Board Says Migrants Get 1 Shot To Reopen Case

    The Immigration and Nationality Act generally limits noncitizens in immigration proceedings to only one motion to reopen a case, the Board of Immigration Appeals ruled, adding that statutory restriction cannot be equitably tolled, either.

  • August 19, 2026

    Pa. Judge Rejects $360M Offset In Generics Antitrust Case

    The Pennsylvania federal judge overseeing antitrust multidistrict litigation against generic-drug makers over alleged price-fixing has rejected a request by the pharmaceutical company defendants to set off any potential award to insurance company plaintiff Humana Inc. by $360 million given its success in separate litigation.

  • August 19, 2026

    Fla. Court Cuts Teen's Convictions In Police Shooting Case

    A Florida appellate panel on Wednesday reversed two attempted first-degree murder convictions for a juvenile who shot at an unmarked vehicle containing four police detectives, saying the evidence only supported attempted second-degree murder.

  • August 19, 2026

    2nd Circ. Affirms Life Sentences For Repeat Sex Offender

    The Second Circuit has refused to overturn life sentences for a convicted child sex abuser, finding that even though portions of a New York state law used to convict him of child sex abuse are broader than their federal counterpart, his sentence was appropriate.

  • August 19, 2026

    Conn. Justices Back Cannabis Processing At Ex-Tobacco Site

    The Connecticut Supreme Court on Wednesday ruled that a cannabis company could use a former tobacco facility to process cannabis oil, rejecting the local zoning appeals board's argument that the repurposed facility wouldn't fall within the legal nonconforming use for the property.

  • August 19, 2026

    9th Circ. Says Initial Arbitration No Obstacle To EFAA

    A split Ninth Circuit panel ruled Wednesday that a fired biopharmaceutical executive could quit arbitration and file a suit claiming her boss subjected her to gender-based harassment, finding the pivot was fair game under a law that shields sex misconduct disputes from out-of-court resolutions.

  • August 19, 2026

    Fed. Circ. Rejects Patent Marking Immunity For NPEs

    Nonpracticing entities hoping for presuit damages can't get out of Patent Act requirements to mark products with patent information just because licensees don't believe their products infringe, the Federal Circuit held Wednesday.

  • August 19, 2026

    3rd Circ. Won't Revive Philly Atty's Conspiracy Suit

    A suspended Pennsylvania attorney's attempt to expose an alleged conspiracy against him by Philadelphia public officials and private corporations has been stymied, with the Third Circuit upholding the dismissal of his complaint against dozens of defendants.

  • August 19, 2026

    Ohio Urges 6th Circ. To Allow Hemp Reclassification

    The state of Ohio urged the Sixth Circuit on Wednesday to reverse a lower court's decision halting enforcement of a new state law that reclassified hemp products as marijuana, accusing the hemp companies who sought the injunction of pushing an "aggressive theory" of the case.

  • August 19, 2026

    DC Circ. Won't Block Loan For Mozambique LNG Project

    A D.C. Circuit panel denied an environmental group's push to block $4.7 billion in financing the U.S. Export-Import Bank approved for a TotalEnergies EP liquefied natural gas project in Mozambique, finding the group unlikely to prevail in its challenge.

  • August 19, 2026

    5th Circ. Backs Delay Of FDA's 11-Warning Cigarette Rule

    The Fifth Circuit on Tuesday upheld the delay of a U.S. Food and Drug Administration rule requiring the addition of graphic warning labels to cigarette packages, saying tobacco companies that challenged the rule showed the agency likely overstepped its narrow authority to adjust existing warnings by creating two new ones.

  • August 19, 2026

    SCOTUSblog Founder Goldstein Seeks Release During Appeal

    SCOTUSblog founder Thomas Goldstein on Tuesday asked to be released from federal custody while he appeals his 12 tax and mortgage fraud convictions and a six-year prison sentence, saying he is not a flight risk and it would be a "grave injustice" for him to begin a sentence he believes will eventually get axed.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    Colo. Justices To Weigh Insurer's Policy Disclosure Duty

    The Colorado Supreme Court has agreed to review whether an insurer must turn over an auto insurance policy under state disclosure law even when the policy was not in effect at the time of the underlying accident.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    Ga. Appeals Court Says Hospital Must Face Negligence Suit

    A Georgia hospital will have to face a woman's suit alleging her husband died because one of its employees dropped him during a bed transfer, the Georgia Court of Appeals said, faulting a trial court's ruling that she needed to file an expert affidavit.

  • August 18, 2026

    7th Circ. Says Resort Co. Waited Too Long For TCPA Suit Arb.

    The Seventh Circuit on Tuesday concluded Club Exploria's conduct in a long-running Telephone Consumer Protection Act case was inconsistent with its intent to arbitrate as it waited four years to raise arbitration and finding its decision to hire new lawyers "late in the game cannot excuse prior counsel's lack of diligence."

  • August 18, 2026

    DC Circ. Backs EPA Forever Chemicals Rules

    The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments from industry that the agency didn't have a legal basis to do so.

Expert Analysis

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • 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.

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