Appellate

  • September 26, 2025

    Oregon Urges 9th Circ. To Revive Cannabis Labor Peace Law

    Oregon officials urged the Ninth Circuit on Thursday to reverse a lower federal judge's decision that blocked enforcement of a voter-approved law requiring licensed cannabis businesses to enter into labor peace pacts with their workers.

  • September 26, 2025

    Justices Urged To Review Suit Over Mich. City Tenant Info Law

    Real estate companies have pressed the U.S. Supreme Court to review a Sixth Circuit decision upholding the dismissal of a constitutional contract claim in their suit against a Michigan city over a law requiring commercial landlords to provide prospective tenant information in order to obtain a license to rent to them.

  • September 26, 2025

    Calif. Fights Biz Groups' Bid To Halt Climate Disclosure Rules

    California asked the Ninth Circuit to reject business groups' effort to halt two new state climate regulations requiring large companies to publicly disclose their greenhouse gas emissions and climate-related financial risks.

  • September 26, 2025

    4th Circ. Says NC Man's Abuse Of Trust Justifies Sentence

    The Fourth Circuit on Friday affirmed a North Carolina man's 33-month sentence for engineering an investment fraud scheme in which he pretended to be a successful day trader, finding he had abused his position of trust sufficient to support a sentencing enhancement.

  • September 26, 2025

    Oysters Not Covered By Drug Forfeiture Law, Court Rules

    Massachusetts' intermediate appellate court on Friday found that the commonwealth may not apply the same forfeiture laws used for seized drugs to 1,600 wild oysters, though it nonetheless upheld the taking of the allegedly ill-gotten mollusks.

  • September 25, 2025

    Justice Thomas Says High Court Precedent Isn't 'Gospel'

    U.S. Supreme Court Justice Clarence Thomas said Thursday that he doesn't view the high court's prior rulings as "the gospel," and that any precedent that doesn't respect the U.S. Constitution or the country's legal traditions is ripe for reconsideration.

  • September 25, 2025

    Standing Questions Loom In Mozambique LNG Loan Dispute

    The requirements for organizational standing dominated much of Thursday's oral argument over the Export-Import Bank of the United States' decision to back a massive liquefied natural gas project in Mozambique, as the challengers sought a preliminary injunction that could hinge on recent standing rulings from the D.C. Circuit and U.S. Supreme Court.

  • September 25, 2025

    Ex-Highland CEO Tells High Court Judge's Novels Show Bias

    The founder and president of hedge fund Highland Capital Management has asked the U.S. Supreme Court to weigh in on a bankruptcy judge's refusal to recuse herself from proceedings involving the company after she published two novels that he says contain veiled commentary about the case.

  • September 25, 2025

    Pa. Justices Say Child Arbitration Invalid Despite Parents' OK

    The Pennsylvania Supreme Court ruled Thursday that parents signing waivers at attractions like trampoline parks cannot bind their children or spouses to arbitration, in twin injury suits seeking to hold Sky Zone liable for two minors' injuries.

  • September 25, 2025

    CashCall Urges Justices To Overturn $134M CFPB Award

    CashCall is asking the U.S. Supreme Court to overturn a Ninth Circuit order that left the loan company on the hook for $134 million in restitution to the Consumer Financial Protection Bureau, despite the firm's insistence that conflicting precedent deprived it of its right to a jury trial.

  • September 25, 2025

    Rap Song Can't Be Used To Prove Rap Sheet, NY Court Says

    A criminal defendant's rap song should not have been allowed as evidence that he enabled a murder, a New York state appeals court ruled, granting a new trial in a case that saw Brooklyn prosecutors put one of their own on the stand on a moment's notice as a slang expert.

  • September 25, 2025

    Mining Cos. Look To Revive $50M Zimbabwe Award Suit

    Two Mauritian mining companies will look to challenge a D.C. Circuit decision nixing their lawsuit to enforce an 11-year-old, $50 million arbitral award against Zimbabwe stemming from an ill-fated mining deal, according to documents made public this week.

  • September 25, 2025

    NJ Justice Hints 'Essential' A Key Term In Benefits Case

    New Jersey Supreme Court Justice Rachel Wainer Apter asked Thursday if a worker can be considered an "essential employee" under an executive order but not under a COVID-19 law governing workers' compensation, as the court considered a school district's bid to deny the designation to a deceased teacher.

  • September 25, 2025

    NY Court Vacates Guilty Plea Over Impossible Plea Agreement

    A New York state appeals court on Thursday vacated a plea agreement after finding it contained a requirement that a defendant complete a substance abuse program despite not being eligible for enrollment.

  • September 25, 2025

    Chicago Man Forged Signatures Of Federal Judges, Feds Say

    A Chicago man has been indicted for forging the signatures of two Illinois federal judges on various court filings in an attempt to get around an order restricting his ability to file new cases, according to an announcement made by the U.S. Department of Justice on Thursday.

  • September 25, 2025

    Amazon Denied Quick Appeal Of Massive Antitrust Class Cert.

    The Ninth Circuit has rejected a petition from Amazon seeking permission to immediately appeal an order certifying a class of roughly 300 million consumers in a sweeping antitrust case accusing the e-commerce giant of inflating prices through its merchant policies.

  • September 25, 2025

    Fed. Circ. Snubs Patent Atty's Bid To Join Toddler Mat IP Case

    The Federal Circuit on Thursday denied an attorney's bid to appear in a patent infringement case over toddler dining mats, in which the lower court found that his misrepresentation of prior art during prosecution was "purposeful, deliberate, and egregious."

  • September 25, 2025

    6th Circ. Backs Rock Singer's Win In Arson Coverage Dispute

    The Sixth Circuit on Thursday affirmed that rock singer John Falls can still recoup a portion of the $2.5 million that a Hanover Insurance unit was ordered to pay for music equipment that was lost in an arson at a House of Blues recording studio.

  • September 25, 2025

    Pa. Justices Say Gov't Must Show Proof Of 'High-Crime Areas'

    The Pennsylvania Supreme Court on Thursday ruled that police detention of a person based in part on their presence in a "high-crime area" must be supported by proof that the area is actually high in crime, but declined to create strict rules or tests to make that designation.

  • September 25, 2025

    Pa. Justices Allow Utilities To Deny Rivals' Billing For Add-Ons

    Electricity distributors in Pennsylvania can apply add-ons to their customers' bills for things like smart thermostats, line insurance and tree trimming while denying the same "on-bill billing" service to third-party electricity providers, the state Supreme Court ruled Thursday.

  • September 25, 2025

    6th Circ. Rejects GOP's Challenge To Michigan Voter Rolls

    The Sixth Circuit rejected the Republican National Committee's bid to purge ineligible voters from Michigan's voter rolls on Thursday, finding the party lacked standing.

  • September 25, 2025

    Pa. Justices Reject 'Key Witness' Test In Forum Swap

    The Pennsylvania Supreme Court ruled Thursday that litigants shouldn't have to prove that out-of-town witnesses are "key" to their case to get a suit moved to a more convenient forum for them, unwinding a lower court's finding that raised the bar for seeking a "forum non conveniens" transfer.

  • September 25, 2025

    Pa. High Court Backs Two-Lab Rule For Medical Pot Products

    The Pennsylvania Supreme Court on Thursday upheld a state rule requiring medical marijuana businesses to test their products at two separate laboratories, finding that the state law's emphasis on public safety empowered regulators to impose the requirement.

  • September 25, 2025

    Mich. High Court To Decide If Four Years Makes A Speedy Trial

    The Michigan Supreme Court will review whether a man sentenced to up to 15 years for domestic violence was denied the right to a speedy trial due to a four-year wait between his arrest and his case going before a jury.

  • September 25, 2025

    AstraZeneca Asks High Court To 'Unscramble' Drug Price Law

    As legal losses pile up for drug manufacturers in their fight to overturn the Medicare Drug Price Negotiation program, pharma giant AstraZeneca is asking the U.S. Supreme Court to decide if the program infringes on its constitutional rights. 

Expert Analysis

  • How Justices' Ruling Limits Options To Challenge DHS Orders

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    In Riley v. Bondi, the U.S. Supreme Court recently ruled that a 30-day deadline for challenging deportation orders begins when the U.S. Department of Homeland Security issues a final administrative review order, opening the door for the government to effectively bar circuit court review in future similar cases, says Kevin Gregg at Kurzban Kurzban.

  • Series

    Playing The Violin Makes Me A Better Lawyer

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    Playing violin in a string quartet reminds me that flexibility, ambition, strong listening skills, thoughtful leadership and intentional collaboration are all keys to a successful legal practice, says Julie Park at MoFo.

  • Purdue Case Could Transform Patent Obviousness Analyses

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    If accepted for review by the U.S. Supreme Court, Purdue Pharma v. Accord Healthcare — concerning whether Purdue's abuse-deterrent opioid formulation patents were invalid as obvious — could significantly shift how courts weigh secondary considerations in patent obviousness analyses, say attorneys at Lathrop.

  • NM Cyber Ruling Will Spur Litigation As Coverage Remedy

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    In Kane v. Beazley, the New Mexico Court of Appeals recently found that a cyber liability provision insuring security breaches included coverage for funds transfer fraud, implicitly and incorrectly motivating policyholders to commence litigation to avoid contractual limitations on cyber coverages, say attorneys at Zelle.

  • Series

    Law School's Missed Lessons: Practicing Self-Care

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    Law schools don’t teach the mental, physical and emotional health maintenance tools necessary to deal with the profession's many demands, but practicing self-care is an important key to success that can help to improve focus, manage stress and reduce burnout, says Rachel Leonard​​​​​​​ at MG+M.

  • Texas' Cactus Ruling Clarifies 'Produced Water' Rules

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    The Texas Supreme Court's decision in Cactus Water Services v. COG Operating, holding that mineral interest lessees have the rights to water extracted alongside oil and gas, should benefit industry players by clarifying the rules — but it leaves important questions about royalties unresolved, say attorneys at Yetter Coleman.

  • ABA Opinion Makes It A Bit Easier To Drop A 'Hot Potato'

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    The American Bar Association's recent ethics opinion clarifies when attorneys may terminate clients without good cause, though courts may still disqualify a lawyer who drops a client like a hot potato, so sending a closeout letter is always a best practice, say attorneys at Thompson Hine.

  • How Political Divisions Are Stalling Pa. Energy Development

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    Despite possessing the nation's second-largest natural gas reserves and a legacy of energy infrastructure, Pennsylvania faces a fragmented and politically charged path to developing the energy resources it will need in the future, thanks to legislative gridlock, divided public opinion and competing energy interests, says Andrew Levine at Stradley Ronon.

  • How High Court Ruling Can Aid Judgment Enforcement In US

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    In CC/Devas (Mauritius) v. Antrix, a unanimous U.S. Supreme Court recently ruled that only two steps are required to keep a foreign sovereign in federal court, making it a little easier for investors to successfully bring foreign states and sovereign-owned and -controlled entities into U.S. courts, says Kristie Blase at Felicello Law.

  • What High Court's Tenn. Trans Care Ruling Means Nationally

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    The U.S. Supreme Court's decision in U.S. v. Skrmetti, upholding a Tennessee ban on gender-affirming medical care for minors, is fairly limited in scope and closely tailored to the specific language of Tennessee's law, but it may have implications for challenges to similar laws in other states, say attorneys at Hall Render.

  • Justices Rewrite Rules For Challenging Enviro Agency Actions

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    Three recent U.S. Supreme Court rulings — Nuclear Regulatory Commission v. Texas, Oklahoma v. U.S. Environmental Protection Agency and EPA v. Calumet Shreveport Refining — form a jurisprudential watershed in administrative and environmental law, affirming statutory standing and venue provisions as the backbone of coherent judicial review, say attorneys at GableGotwals.

  • Series

    My Opera And Baseball Careers Make Me A Better Lawyer

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    Though participating in opera and the world of professional baseball often pulls me away from the office, my avocations improve my legal career by helping me perform under scrutiny, prioritize team success, and maintain joy and perspective at work, says Adam Unger at Herrick Feinstein.

  • High Court ACA Ruling May Harm Preventative Care

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    The U.S. Supreme Court's decision in Kennedy v. Braidwood last week, ruling that the U.S. Department of Health and Human Services secretary has authority over an Affordable Care Act preventive care task force, risks harming the credibility of the task force and could open the door to politicians dictating clinical recommendations, says Michael Kolber at Manatt.

  • Opinion

    Subject Matter Eligibility Test Should Return To Preemption

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    Subject matter eligibility has posed challenges for patentees due to courts' arbitrary and confusing reasoning, but adopting a two-part preemption test could align the applicant, the U.S. Patent and Trademark Office and the courts, says Manav Das at McDonnell Boehnen.

  • 8 Ways Lawyers Can Protect The Rule Of Law In Their Work

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    Whether they are concerned with judicial independence, regulatory predictability or client confidence, lawyers can take specific meaningful actions on their own when traditional structures are too slow or too compromised to respond, says Angeli Patel at the Berkeley Center of Law and Business.

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