Appellate

  • July 30, 2026

    Army Asks 4th Circ. To Rethink Boarding School Burial Ruling

    The U.S. Army wants the Fourth Circuit to rethink a decision that says it must return the remains of two Indigenous children from a former Indian boarding school cemetery to a Nebraska tribe, arguing that if not reversed, it will cause confusion, likely spur more litigation and slow repatriation.

  • July 30, 2026

    3M Wins 11th Circ. Bid To Fight PFAS Suit In Federal Court

    An Eleventh Circuit panel said a judge should have let 3M Co. fight an Alabama town's lawsuit over forever chemical contamination in federal court based on its defense that some pollution may stem from firefighting foams made for the U.S. military.

  • July 30, 2026

    9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    DA Says Trump's NY Hush Money Conviction Must Stand

    New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

  • 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.

Expert Analysis

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

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