Appellate

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

  • September 10, 2026

    Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

    Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

  • September 10, 2026

    US Asks 1st Circ. To Back $3.3M Tax Bill For 'Survivor' Winner

    A Rhode Island federal court correctly entered a $3.3 million tax judgment against the first "Survivor" winner, the government told the First Circuit, saying the former contestant failed to refute the tax assessments and had agreed to a U.S. Tax Court decision that determined his liability and penalties.

  • September 10, 2026

    5th Circ. Upholds NAR Exit From Membership Rules Case

    The Fifth Circuit found a Texas real estate broker failed to show enough evidence in a third amended complaint to bring antitrust claims challenging rules from the National Association of Realtors that mandate trade group membership to gain access to home listings.

  • September 10, 2026

    Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

    A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

  • September 10, 2026

    FCC Ordered To Answer Petition In Discounted Ads Fight

    The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 10, 2026

    6th Circ. Says GE Asbestos Suit Belongs In Kentucky Court

    The Sixth Circuit sent a woman's suit against General Electric Co. over her husband's asbestos-related mesothelioma back to Kentucky state court, rejecting the company's argument that the man's military service warranted removal to federal court.

  • September 10, 2026

    DuPont, Spinoffs Ink Historic $590M PFAS Deal In NC

    DuPont and its spinoffs will pay $590 million to resolve claims they contaminated North Carolina's environment with forever chemicals, marking the largest total environmental damages recovery in the state's history, Attorney General Jeff Jackson and The Chemours Co. announced Thursday.

  • September 10, 2026

    High Court Bars Mo. From Using GOP Map In Midterms

    Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms, the U.S. Supreme Court ruled Thursday when it stayed a federal judge's order that would've required state election officials to use the challenged map despite the Missouri Supreme Court deeming it invalid without voter approval.

  • September 09, 2026

    Kalshi Seeks Rehearing After 9th Circ. Loss

    Kalshi on Wednesday asked the Ninth Circuit to rehear its dispute with Nevada regulators, arguing the appeals court miscast its sports event contracts as sports bets in an August opinion that cleared the way for the state's gaming regulators to pursue the prediction market platform.

  • September 09, 2026

    Wash. Officials Immune To Energy Code Suit, 9th Circ. Says

    The Ninth Circuit on Wednesday refused to revive a building industry coalition's lawsuit challenging Washington state regulations that discourage natural gas appliances in new construction, holding in a published opinion that the government officials the coalition sued are "shielded by sovereign immunity."

  • September 09, 2026

    9th Circ. Deems NCAA's 5-Year Rule Injunction Appeals Moot

    A Ninth Circuit panel on Wednesday tossed the NCAA's appeals of court orders barring it from enforcing its five-year rule to sideline two football players from the 2025 season, finding the cases are moot because the "clock has run out" on the season and the athletes' collegiate careers have wrapped.

  • September 09, 2026

    Fed. Circ. Eyes PTAB Cases That May Sink $445M Netlist Win

    A $445 million verdict against Micron Technology Inc. for infringing two Netlist Inc. computer memory patents hung in the balance Wednesday, as a Federal Circuit panel questioned Netlist's arguments that the Patent Trial and Appeal Board wrongly found claims in both patents invalid.

  • September 09, 2026

    11th Circ. Orders Resentence After Hobbs Act Guideline Shift

    The Eleventh Circuit has ruled that a Florida man must be resentenced in his robbery and firearm brandishing case because a federal court used a newer version of the U.S. Sentencing Guidelines than was in effect when the offense was committed.

  • September 09, 2026

    DC Circ. Denies Bid To Force FCC Action On News Policy

    A D.C. Circuit panel declined Wednesday to compel the Federal Communications Commission to respond to a petition seeking a repeal of its news distortion policy, saying the petitioners failed to establish that they have no other adequate means to seek relief.

  • September 09, 2026

    Texas Court Finds Most Of O'Rourke Fundraising Appeal Moot

    A Texas appellate court in a split decision found that onetime presidential hopeful Beto O'Rourke's challenge to a court order blocking fundraising for state Democrats is moot and separately ruled that a Tarrant County, Texas, court has jurisdiction over the case.

  • September 09, 2026

    Mo. Voters Ask High Court To Sort Out 'Irreconcilable' Rulings

    Voters opposed to Missouri's newly drawn congressional map that favors Republicans in the midterms asked the U.S. Supreme Court on Wednesday to lift a federal judge's order requiring state election officials to use the challenged map, which the Missouri Supreme Court deemed invalid without voter approval.

  • September 09, 2026

    Ga. Panel Upholds $8.5M Verdict Over Diabetic Driver Crash

    A Georgia appeals court on Wednesday affirmed an $8.5 million verdict against a trucking company that employed a driver with a history of failing to manage his diabetes who negligently ran another big rig off the road during a medical emergency, saying certain evidence was not improperly admitted.

  • September 09, 2026

    9th Circ. Says Duress Is No Defense For Persecution

    A Ninth Circuit panel denied an El Salvador man's appeal contesting the rejection of his bid for deportation relief, ruling there is no implied duress defense to a statutory bar that withholds such relief from people who assisted in the persecution of others.

  • September 09, 2026

    Judge Denies Validity Redo After $38M Verdict Partly Revived

    Bottler Shibuya Hoppmann and dairy company HP Hood are not entitled to a new trial on the validity of Steuben Foods' bottle sterilization patents after the Federal Circuit partly revived a $38 million infringement verdict against them, a Delaware federal judge said Wednesday.

  • September 09, 2026

    NC Justices Probe TikTok's State Contacts In Addiction Case

    The North Carolina Supreme Court grappled Wednesday with whether TikTok and its parent company should have to face the attorney general's suit alleging the app is addictive to young users, with TikTok arguing its general national business practices do not create ties to the Tar Heel State sufficient to be dragged into court there.

  • September 09, 2026

    2nd Circ. Says FDIC Need Not File Claim To Save SVB Setoff

    The Federal Deposit Insurance Corp. is not required to file a claim in the bankruptcy case of Silicon Valley Bank's former parent to preserve its defensive setoff rights, the Second Circuit found Wednesday, delivering another blow to the company in its legal battle with the regulator.

  • September 09, 2026

    White Officer Wants Justices' Take On DEI Training Lawsuit

    A white former Colorado corrections officer urged the U.S. Supreme Court to weigh in on whether mandated attendance at a single workplace diversity training that allegedly included discriminatory content is enough to warrant reinstating his race harassment lawsuit. 

  • September 09, 2026

    Texas Justices Deny Bid To Undo $37M Arbitration Award

    The Texas Supreme Court on Wednesday declined to take up a bid by a Dallas-based alternative investment company seeking to toss a $37 million arbitration award in favor of the company's former director.

  • September 09, 2026

    States, Amici Ask Justices To Keep Mail Ballot Rules On Ice

    Nearly half of the states and the District of Columbia urged the U.S. Supreme Court on Wednesday to leave in place a federal judge's order blocking the U.S. Postal Service from enforcing new mail-in ballot regulations in this year's midterms, arguing the changes are a major political decision USPS had no authority to make. 

Expert Analysis

  • 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.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

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