Appellate

  • September 08, 2026

    Board Says Maduro Removal Requires Asylum Claim Redo

    The Board of Immigration Appeals said a judge failed to thoroughly consider the recent arrest and removal of Venezuelan President Nicolás Maduro before granting asylum to a woman who feared persecution for opposition to his government.

  • September 08, 2026

    Biz Groups Ask 8th Circ. To Nix Wells Fargo ERISA Suit

    The U.S. Chamber of Commerce and two benefit advocacy groups urged the Eighth Circuit to back the dismissal of a suit claiming Wells Fargo allowed a pharmacy benefit manager to overcharge workers for generic drugs, arguing that employers shouldn't be penalized for general gripes about healthcare costs.

  • September 08, 2026

    Fed. Circ. Backs Nuke Plants' Win In DOE Breach Case

    The Federal Circuit has affirmed a lower court ruling that the owners of three shuttered nuclear power plants were entitled to $145 million due to the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal.

  • September 08, 2026

    5th Circ. Backs Ax Of $125M Judgment Over Judge Friendship

    A split Fifth Circuit panel Tuesday affirmed the vacatur of a trial by a magistrate judge that resulted in a $125 million judgment against Port of Lake Charles, finding the district court correctly found that the magistrate judge didn't fully disclose her 40-year, "close, multifaceted, and personal friendship" with IFG Port Holdings LLC's attorney.

  • September 08, 2026

    Fla. Court Misread Complex's Mural Rights Claim, Panel Told

    A Miami property owner on Tuesday urged a Florida state appellate panel to remand its case for a trial on damages over hosting exterior advertisements, arguing that a lower court misapplied the law when it found the complex couldn't establish liability after the city excluded it from a mural district.

  • September 08, 2026

    Motorola Tells DC Circ. That Google Search Payments 'Vital'

    Motorola on Friday backed Google with a D.C. Circuit amicus brief arguing the U.S. Department of Justice is wrong to call for a complete ban on Google paying cellphone-makers like Motorola to incorporate Google search into their devices.

  • September 08, 2026

    2nd Circ. Revives Suit Over NYC Murder Faked-Evidence Case

    The Second Circuit has partially revived a civil lawsuit from a New York City man wrongly convicted of a 1989 murder, giving the man another shot to hold the city accountable for violating his civil rights, and ruling that the cold case investigation of the killing fabricated evidence that affected the outcome of his trial.

  • September 08, 2026

    Conn. Justice Says $87M Telecom Bid 'Hard To Take Seriously'

    A once-bankrupt telecommunications company's bid for more than $80 million in interest on top of a $3.6 million judgment seemed "absurd" to one Connecticut Supreme Court justice hearing a 16-year-old contract dispute Tuesday, though he later said the party that hasn't paid shouldn't escape entirely unscathed.

  • September 08, 2026

    Fed. Circ. Urged To Overturn Natera's Cancer Test Patent Win

    ArcherDX is asking the Federal Circuit to fully free it from a Delaware federal jury's $19 million verdict for infringing Natera cancer diagnostic patents, saying the district court judge was wrong to only remove $10 million from that total.

  • September 08, 2026

    NC Supreme Court Considers Reviving 'Cardiac Pack' NIL Suit

    The North Carolina Supreme Court pointedly questioned the NCAA over its refusal to compensate members of the 1983 North Carolina State University championship basketball team Tuesday, expressing skepticism that the dispute was entirely snuffed out over late claims.

  • September 08, 2026

    Idaho Supreme Court OKs Revised Abortion Ballot Language

    The Idaho Supreme Court has agreed to revised ballot language for an abortion amendment scheduled to be in front of voters this November. 

  • September 08, 2026

    DC Circ. Seems To Back SEC FOIA Withholding In Data Breach

    A D.C. Circuit panel appeared skeptical Tuesday that a civil liberties group should get access to the identities and internal documents of U.S. Securities and Exchange Commission officials involved in a 2022 "control deficiency" that resulted in the dismissals of over 40 administrative cases.

  • September 08, 2026

    5th Circ. Nixes Bulk Of NLRB Order In Starbucks Threats Case

    The Fifth Circuit has declined to enforce the bulk of a National Labor Relations Board decision finding Starbucks unlawfully threatened workers with reduced store hours and a hiring freeze in response to a unionization campaign but said one manager unlawfully threatened workers' health and leave benefits.

  • September 08, 2026

    Womble Bond Says No Need To Share Rift Details In Exit Bid

    Attorneys from Womble Bond Dickinson, seeking to withdraw as counsel of record for a Dutch software company embroiled in a trademark dispute with an American rival, told a North Carolina federal judge that they are not obligated under professional conduct rules to disclose the "substance of a confidential disagreement" underlying their withdrawal request.

  • September 08, 2026

    3rd Circ. Revives Firearm Group's Challenge To NJ Gun Law

    The Third Circuit on Tuesday held that the National Shooting Sports Foundation can challenge New Jersey's law allowing the state to sue firearms manufacturers for endangering public safety, also reversing a lower court's decision to put the case on hold.

  • September 08, 2026

    5th Circ. Partially Backs NLRB Ruling In Starbucks Union Fight

    The Fifth Circuit backed most of a National Labor Relations Board decision finding that Starbucks engaged in a host of federal labor law violations to suppress a union campaign in upstate New York, ruling that the board's findings are supported by "substantial evidence" presented in the case.

  • September 08, 2026

    9th Circ. Reopens Immigration Case After Flat-Tire Delay

    A split panel of the Ninth Circuit has found immigration officials erred by not reconsidering the case of a Guatemalan man facing removal after he was five minutes late to his hearing, saying documentation was not required to prove a flat tire caused the delay.

  • September 08, 2026

    Fed. Circ. Backs Atty Fees In 3D Motion Sensor Patent Case

    The Federal Circuit on Tuesday turned down network testing company Viavi Solutions Inc.'s challenge to a lower court's decision ordering it to pay another company's attorney fees after Viavi unsuccessfully brought suit alleging patent infringement.

  • September 08, 2026

    DC Circ. Affirms Injunction Against IRS-ICE Data Sharing

    The D.C. Circuit affirmed a lower court's preliminary injunction Tuesday barring the IRS from sharing taxpayer data with immigration authorities, finding that the coalition challenging the deal has standing and that the arrangement likely violates the law.

  • September 07, 2026

    Missouri Asks Justices To Prevent Election 'Disaster'

    Missouri has implored the U.S. Supreme Court to stay the state high court's ruling prohibiting the use of a new congressional map drawn to help Republicans in this year's midterms and requiring the map be submitted for voter approval, claiming the decision will create an unconstitutional "disaster." 

  • September 07, 2026

    USPS Asks High Court To Allow 'Modest' Mail Ballot Rules

    The Trump administration has once again asked the U.S. Supreme Court to lift a Massachusetts federal judge's order barring the U.S. Postal Service from enforcing new mail-in ballot regulations ahead of this year's midterms, arguing the "modest" changes are well within USPS' authority and don't affect election administration. 

  • September 04, 2026

    Making Up For Lost Timepiece: FedEx Wins $250K Watch Row

    The disappearance of a $250,000 watch purchased for a major GOP donor will cost FedEx less than it charged to ship the wristwear, according to a new Eighth Circuit decision backing broad immunity for alleged negligence or theft by the delivery giant's workers.

  • September 04, 2026

    Tribes Urge ND Court To Keep Voting Map Claims Alive

    The Turtle Mountain Band of Chippewa Indians and the Spirit Lake Nation asked a federal court Friday to reject the North Dakota secretary of state's bid to throw out their claims that the state's 2021 legislative map dilutes Native American voting power.

  • September 04, 2026

    4th Circ. Tosses Conviction Over Axed Closing Argument

    The Fourth Circuit has tossed an MS-13 gang member's murder conviction, saying a judge's decision to instruct the jury to disregard his attorney's closing argument was a "prejudicial abuse of discretion."

  • September 04, 2026

    9th Circ. Tosses Conviction Over Hand Tattoo Testimony

    The Ninth Circuit has ordered a new trial for a man convicted of robbing a store in Washington, finding that he was not testifying in his own defense when he showed jurors that he had tattoos on his hand, unlike the hand of the man seen committing the robbery in security camera footage.

Expert Analysis

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

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