Appellate

  • October 08, 2025

    Mich. Justice Unsure Gov. Exempt From 1-Year Claim Deadline

    Michigan's chief justice said Wednesday she was "struggling" with an immigration legal assistance group's contention that a one-year notice deadline for claims against the state doesn't apply to suits against the governor.

  • October 08, 2025

    Immigration Judges Can Reject Stipulations, BIA Rules

    The Board of Immigration Appeals has backed an immigration judge's decision to reject an agreement between the U.S. Department of Homeland Security and a Honduran transgender woman seeking to avoid deportation, holding that judges are free to accept or reject such agreements.

  • October 08, 2025

    Welder Asks Fla. High Court To Revive Whistleblower Claims

    A welder mechanic asked the Florida Supreme Court on Wednesday to revive his whistleblower retaliation claims against his former employer, Gulf Power Co., arguing that state law requires only that he reasonably believed a violation of law or regulation occurred, not that he have to prove an actual violation.

  • October 08, 2025

    FirstEnergy Investors Seek Clarity On 6th Circ. Privilege Order

    FirstEnergy investors asked the Sixth Circuit Wednesday to clarify a recent ruling blocking them from accessing internal investigation documents in a lawsuit over a $1 billion bribery scandal, arguing that the company is holding up depositions due to its misreading of the court's opinion.

  • October 08, 2025

    3rd Circ. Upholds Ruling In Debt Collector's Trade Secrets Suit

    A Third Circuit let stand a ruling that work passwords are not trade secrets and that the Computer Fraud and Abuse Act is inapplicable to workplace policy violations in an appeal from a debt collection company suing two former employees.

  • October 08, 2025

    3rd Time's The Charm? The Tax Court's Odyssey In Medtronic

    A U.S. Tax Court judge has been sent back to the drawing board once again in the long-running transfer pricing litigation brought by Medtronic, raising questions about how much weight the court must give to IRS transfer pricing regulations and how much authority it has to go its own way.

  • October 08, 2025

    5th Circ. Says Some NOLA Rental Rules Are Unconstitutional

    A Fifth Circuit panel partially revived a proposed class action filed by homeowners and two companies challenging New Orleans' short-term rentals regulations, ruling in a published opinion that some of the regulations are unconstitutional.

  • October 08, 2025

    The Legal Advocacy Behind Fan Fiction's Biggest Site

    A nonprofit that appears on the docket as a friend of the court in some of the most important copyright cases at the U.S. Supreme Court and federal appeals courts is also responsible for running one of the largest fan fiction sites on the internet.

  • October 08, 2025

    High Court Open To Allowing USPS 'Campaign Of Terror' Suit

    The U.S. Supreme Court appeared likely Wednesday to let a Texas woman pursue claims that U.S. Postal Service workers engaged in an alleged "racially motivated harassment campaign," with several justices doubting that a federal tort law immunized the service from being held liable for intentional delivery failures.

  • October 08, 2025

    Mich. Justices Weigh Axing Slip-And-Fall Visitor Categories

    A Michigan Supreme Court justice said Wednesday she is "troubled" by a longstanding practice that calls for different standards of care for different types of property visitors in slip-and-fall cases, asking why volunteers and those coming to do business should be treated differently, as the court considers a pair of cases that could upend decades-old precedent. 

  • October 08, 2025

    11th Circ. Urged To Keep Ga.'s E-Commerce Regs On Ice

    Internet trade group NetChoice urged the Eleventh Circuit Wednesday to leave in place an injunction that for more than a year has kept Georgia from enforcing new requirements on e-commerce platforms, arguing the state's law tries to push past a regulatory "ceiling" already imposed by federal law.

  • October 08, 2025

    7th Circ. Backs DePaul In Ex-Instructor's Race Bias Suit

    The Seventh Circuit on Wednesday upheld DePaul University's win over a former religious studies instructor's suit claiming he wasn't rehired because he's Arab American, finding he couldn't overcome the school's explanation that he was let go because of allegations he'd sexually assaulted a student.

  • October 08, 2025

    Trump Admin Cites Shutdown In Bid For CFPB Case Delay

    Amid growing calls for the full D.C. Circuit to revisit a recent panel ruling that would allow mass layoffs at the Consumer Financial Protection Bureau, the Trump administration is asking for a pause in the case until after the government shutdown is over.

  • October 08, 2025

    Power Cos. Want In On Challenge To W.Va. Regional Haze Plan

    American Electric Power Co. Inc. and FirstEnergy Corp. subsidiaries are asking the Fourth Circuit to uphold a federally approved air quality plan for West Virginia that spared their facilities from some potentially expensive upgrades.

  • October 08, 2025

    NBA Video Privacy Law Review Premature, Plaintiff Tells Justices

    A website user urged the U.S. Supreme Court not to weigh in on the Second Circuit's decision last year that revived his lawsuit accusing the NBA of illegally sharing his viewing activity with Meta, arguing that the suit's second dismissal this week and his planned appeal "might complicate the court's review."

  • October 08, 2025

    Justices Probe Standing In Suit Over Ill. Ballot Counting

    The U.S. Supreme Court on Wednesday appeared open to reviving an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, with several justices pressing counsel for the state to address whether its position would require courts to analyze a candidate's potential success in an election to determine their standing to sue.

  • October 08, 2025

    Ind. Justices Toss Tax Challenge Over Homestead's Scope

    Indiana homeowners who claim that the 1-acre limit for the state's reduced homestead tax rate is unconstitutional failed to show that property beyond that limit is used as part of their primary residence, which undercuts their case, the state Supreme Court ruled Wednesday.

  • October 08, 2025

    Army Finds Support At Fed. Circ. In Fight Over COVID Delays

    A Federal Circuit judge appeared skeptical that the U.S. Army Corps of Engineers should compensate a contractor for fees incurred during the 2020 COVID-19 shutdown, saying it likely falls under protected government activity.

  • October 08, 2025

    State Farm Unit Needn't Pay For $2.5M Assault Judgment

    A State Farm unit has no obligation to pay a $2.5 million judgment entered against a homeowners insurance policyholder after he attacked his housemate, a California state appeals court affirmed, finding that the victim's injuries were not the result of an accident for purposes of the policy.

  • October 08, 2025

    3rd Circ. Clarifies Good Conduct Credits For Prison Terms

    In a precedential ruling Wednesday, the Third Circuit clarified how good conduct credits for inmates serving time can be applied, finding that the credit of 54 days per year can be prorated to 28 days for the last six months of a man's 17-and-a-half-year sentence.

  • October 08, 2025

    NJ US Atty Appointment Was 'Shell Game,' 3rd Circ. Told

    Two New Jersey criminal defendants this week blasted the Trump administration's attempt to name Alina Habba as U.S. attorney for the state after her interim term ended, telling the Third Circuit that the government's plan was a "shell game."

  • October 08, 2025

    2nd Circ. Skeptical Of Reviving NY Teamsters Pension Suit

    The Second Circuit appeared unlikely Wednesday to revive a New York Teamsters worker's proposed class action alleging mismanagement by the caretakers of his multiemployer pension plan, as multiple judges seemed to doubt that the complaint contained enough evidence of a deficient process to manage fees and investments.

  • October 08, 2025

    Conn. High Court OKs DNA Taken From Trash Sans Warrant

    In a decision setting standards for privacy, Connecticut's highest court upheld the conviction of a man sentenced to 72 years in prison for a series of 1984 home invasion sexual assaults, finding that police were allowed to take his trash to obtain DNA without a warrant.

  • October 08, 2025

    Black NC Voters Take Redistricting Case To 4th Circ. Again

    Two Black voters have urged the Fourth Circuit to hear as soon as possible their case alleging the North Carolina General Assembly unlawfully redrew state senate districts in a way that diluted the voting power of Black residents.

  • October 08, 2025

    Colo. Justices Rule Newspaper Is 'Citizen,' Can Get Atty Fees

    The Colorado Supreme Court weighed in on a local newspaper's battle against the city of Aurora, ruling for the first time that a corporation is a "citizen" under the state's open meetings law and can recover litigation costs.

Expert Analysis

  • How Latest High Court Rulings Refine Employment Law

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    The 2024-2025 U.S. Supreme Court term did not radically rewrite employment law, but sharpened focus on textual fidelity, procedural rigor and the boundaries of statutory relief, say attorneys at Krevolin & Horst.

  • Calif. Air Waivers Fight Fuels Automakers', States' Uncertainty

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    The unprecedented attempt by Congress and the Trump administration to kill the Clean Air Act waivers supporting California's vehicle emissions standards will eventually end up in the U.S. Supreme Court — but meanwhile, vehicle manufacturers, and states following California's standards, are left in limbo, says John Watson at Spencer Fane.

  • Diversity, Equity, Indictment? Contractor Risks After Kousisis

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    The U.S. Supreme Court’s recent Kousisis v. U.S. decision, holding that economic loss is not required to sustain wire fraud charges related to fraudulent inducement, may extend criminal liability to government contractors that make false diversity, equity and inclusion certifications, say attorneys at Moore & Van Allen.

  • Series

    Law School's Missed Lessons: Navigating Client Trauma

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    Law schools don't train students to handle repeated exposure to clients' traumatic experiences, but for litigators practicing in areas like civil rights and personal injury, success depends on the ability to view cases clinically and to recognize when you may need to seek help, says Katie Bennett at Robins Kaplan.

  • 9th Circ. Customs Ruling A Limited Win For FCA Plaintiffs

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    While the decision last month in Island Industries v. Sigma may be welcome news for False Claims Act relators, under binding precedent courts within the Ninth Circuit still do not have jurisdiction to adjudicate customs-based FCA claims pursued by the government, say attorneys at Morgan Lewis.

  • Opinion

    4 Former Justices Would Likely Frown On Litigation Funding

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    As courts increasingly confront cases involving hidden litigation finance contracts, the jurisprudence of four former U.S. Supreme Court justices establishes a constitutional framework that risks erosion by undisclosed financial interests, says Roland Eisenhuth at the American Property Casualty Insurance Association.

  • Quantifying Trading-Based Damages Using Price Impact

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    The U.S. Securities and Exchange Commission will likely increasingly rely on price impact analyses to demonstrate pecuniary harm from trading-related misconduct, meaning measuring price impact will be helpful in challenging SEC disgorgement, determining appropriate remedies, and assessing loss causation and damages in private litigation, says Vyacheslav Fos at Boston College and Erin Smith at Compass Lexecon.

  • How Attys Can Use AI To Surface Narratives In E-Discovery

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    E-discovery has reached a turning point where document review is no longer just about procedural tasks like identifying relevance and redacting privilege — rather, generative artificial intelligence tools now allow attorneys to draw connections, extract meaning and tell a coherent story, says Rose Jones at Hilgers Graben.

  • How McKesson Ruling Will Inform Interpretations Of The TCPA

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    Amid the U.S. Supreme Court's ruling in McLaughlin Chiropractic Associates v. McKesson, we can expect to see both plaintiffs and defendants utilizing the decision to revisit the Federal Communications Commission's past Telephone Consumer Protection Act interpretations and decisions they did not like, says Jason McElroy at Saul Ewing.

  • Justices Rethink Minimum Contacts For Foreign Entities

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    Two recent U.S. Supreme Court decisions, Devas v. Antrix and Fuld v. Palestine Liberation Organization, suggest that federal statutes may confer personal jurisdiction over foreign entities that have little to no contact with the U.S. — a significant departure from traditional due process principles, says Gary Shaw at Pillsbury.

  • Opinion

    High Court Must Overrule Outdated Patent Eligibility Doctrine

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    A certiorari petition should directly ask the U.S. Supreme Court to correct its 1972 patent decision in Gottschalk v. Benson, the critical point where patent eligibility law veered from the statutory text toward judicial policymaking, says Robert Greenspoon at Dunlap Bennett.

  • Examining TCPA Jurisprudence A Year After Loper Bright

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    One year after the U.S. Supreme Court overturned Chevron deference in Loper Bright v. Raimondo, lower court decisions demonstrate that the Telephone Consumer Protection Act will continue to evolve as long-standing interpretations of the act are analyzed with a fresh lens, says Aaron Gallardo at Kilpatrick.

  • Gauging The Risky Business Of Business Risk Disclosures

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    With the recent rise of securities fraud actions based on external events — like a data breach or environmental disaster — that drive down stock prices, risk disclosures have become more of a sword for the plaintiffs bar than a shield for public companies, now the subject of a growing circuit split, say attorneys at A&O Shearman.

  • 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.

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