Appellate

  • September 03, 2026

    8th Circ. Says Exclusion Bars Oil Well Blast Coverage

    The Eighth Circuit said Thursday that an AIG unit does not owe $25 million to an ExxonMobil subsidiary for injury claims stemming from a 2016 oil and gas well explosion, finding the energy company did not meet a notice requirement needed to sidestep a pollution exclusion.

  • September 03, 2026

    EPA Appeals Order To Determine Soot Standard Compliance

    The U.S. Environmental Protection Agency said it's appealing a California federal judge's decision ordering it to designate what parts of the country are meeting or not meeting new air quality standards for fine particulate matter by early February.

  • September 03, 2026

    Cities, Groups Ask Judge To Keep $3B EPA Grant Funding Alive

    Cities and groups challenging the Environmental Protection Agency's cancellation of nearly $3 billion in environmental climate justice grants asked a South Carolina federal judge, who ruled the termination unlawful, on Wednesday to preserve the funding while the agency appeals the decision.

  • September 03, 2026

    8th Circ. Won't Hear 'Withholding-Only' Removal Relief Case

    The Eighth Circuit said it couldn't review an immigration judge's decision denying a Mexican citizen the opportunity to seek protection under the Convention Against Torture and avoid deportation back to Mexico, since the decision didn't involve a final removal order.

  • September 03, 2026

    Kavanaugh Stays Out Of Mich. Voter ID Referendum Row

    U.S. Supreme Court Justice Brett Kavanaugh declined Thursday to wade into a dispute over Michigan election officials' refusal to put on ballots this November a proposed amendment to the state's constitution that would require voters to show proof of U.S. citizenship to participate in state and local elections.

  • September 03, 2026

    DC Circ. Won't Reconsider Argentina's $391M Arbitral Fight

    The D.C. Circuit on Thursday refused to reconsider its decision affirming the enforcement of a $391 million arbitral award issued against Argentina in a 17-year-old dispute over the renationalization of its state-owned airline and denied the country's petition for a rehearing. 

  • September 03, 2026

    Fed. Circ. Judge's Post-Decision Recusal Won't Lead To Redo

    U.S. Circuit Judge Richard G. Taranto's decision to recuse himself from a case based on newly inherited Amazon stock is not enough to justify reconsidering the opinion he'd already issued, the Federal Circuit has ruled.

  • September 03, 2026

    Mich. Court Keeps Ann Arbor Public Power Measure On Ballot

    A Michigan appellate panel has kept a proposal to create a municipal electric utility in Ann Arbor on the November ballot, ruling that the city clerk was not clearly required to reject supplemental petition signatures submitted after the proposal's initial filing. 

  • September 03, 2026

    Conn. Justices Uphold Guilty Verdict Despite Juror's Remorse

    The Connecticut Supreme Court on Thursday upheld a guilty verdict in an attempted murder case despite one juror's comment that the top charge left her feeling "a little guilty," with the justices characterizing the phrase as an indication of the juror's "strong and unsettling emotions," not her "uncertainty or equivocation."

  • September 03, 2026

    Phil Berger Jr. Won't Seek Reelection To NC High Court

    North Carolina Supreme Court Associate Justice Phil Berger Jr. said Thursday that he will not seek another term in 2028, meaning the Republican justice will leave the state's highest court after completing his current term.

  • September 03, 2026

    XPO Fights 'Drastic' Sanctions In Fatal Crash Suit

    XPO Logistics Freight Inc. told a North Carolina appeals court that a trial judge went too far by effectively deciding liability against the company in a wrongful death suit over a fatal 2023 tractor-trailer crash as a sanction for alleged discovery violations.

  • September 03, 2026

    Nippon Tells 9th Circ. Not To Revive US Steel Merger Case

    Nippon Steel urged the Ninth Circuit on Wednesday not to revive a consumer lawsuit challenging its now-completed purchase of U.S. Steel Corp., arguing the district court rightly found the plaintiffs too far removed from the steel market to allege higher prices when buying steel-containing products.

  • September 03, 2026

    Fed. Circ. Solidifies Vifor Win Over Iron Deficiency Patent

    The Federal Circuit on Thursday affirmed a lower court's decision that pharmaceutical company Vifor did not infringe a patent covering a method of making iron supplements asserted by rival Biofer.

  • September 03, 2026

    Judge Suggests Mail Ballot Rule Too Late For Midterms

    A Massachusetts federal judge appeared poised Thursday to extend her block on the U.S. Postal Service implementing new requirements that would allow the agency to refuse to deliver potentially thousands of mailed ballots this November, suggesting the midterm elections are too close to make such a sweeping change.

  • September 03, 2026

    Former Girardi Keese CFO Drops Appeal Of 5-Year Fraud Term

    The Seventh Circuit has granted onetime Girardi Keese financial chief Christopher Kamon's request to drop the appeal he lodged fighting an Illinois federal judge's order adding five concurrent years onto the 10 he is already serving for his role helping Tom Girardi, the head of the firm, steal millions from plane crash clients who settled cases in Chicago.

  • September 03, 2026

    11th Circ. Won't Toss Grouper Catch Limit Over Council Defect

    An Eleventh Circuit panel Thursday agreed the structure of a regional fishery management council runs afoul of the U.S. Constitution's appointments clause, but refused to throw out a challenged rule that reduced catch limits for gag grouper in the Gulf of Mexico.

  • September 03, 2026

    Boutique Firms Emerge As Trump Admin's 'Achilles' Heel'

    Less fearful of retribution than some of their BigLaw counterparts, small law firms are taking on an outsize role handling cases seen as adversarial to the Trump administration.

  • September 02, 2026

    Split 9th Circ. Curbs Foreign Asset Forfeiture Without Control

    A split Ninth Circuit panel Wednesday held that courts must determine that they have, at the very least, constructive control over a foreign defendant's property to establish jurisdiction in a forfeiture case, pointing to the Fifth Amendment's due process clause.

  • September 02, 2026

    Trading Firm To Seek Justices' Input On Arbitration Questions

    The Seventh Circuit said Wednesday that it will wait to make its arbitration rejection official so a Chicago trading firm can ask the U.S. Supreme Court to determine whether it was correctly ordered to litigate proposed class securities manipulation accusations.

  • September 02, 2026

    VLSI Presses Court For Full Anonymous Report In Intel Row

    VLSI has urged a D.C. federal court to force the U.S. Patent and Trademark Office to release an unredacted version of a report alleging a connection between Intel and a company that successfully challenged a VLSI patent at issue in a multibillion-dollar infringement case.

  • September 02, 2026

    Online Embedders May Like 5th Circ.'s Pivot On Server Test

    The Fifth Circuit last week rejected a 2007 copyright test that publishers have long criticized, but attorneys say the court's replacement may still leave news aggregators and apps that embed third-party content in a strong position while putting more pressure on rights holders to restrict content they don't want embedded elsewhere.

  • September 02, 2026

    Thomson Reuters Cyberattack Hits North American Courts

    A recent cyberattack on Thomson Reuters' court management software affected files associated with court systems in 11 states, the U.S. Virgin Islands and Canada, and may have exposed sealed documents and individuals' personal information, according to a Wednesday announcement from the technology and information services company.

  • September 02, 2026

    Fla. Appeals Court Cuts Murder Conviction To Manslaughter

    A Florida appeals court Wednesday reversed a man's conviction for second-degree murder, holding that his fatal shooting of his sister's boyfriend following a domestic incident was an "impulsive overreaction" and he should therefore be convicted of manslaughter instead.

  • September 02, 2026

    Fed. Circ. Won't Bring Back Pediatric Supplement Patent

    The Federal Circuit on Wednesday declined to revive a patent covering a pediatric vitamin D supplement after some claims were found to be unpatentable by the Patent Trial and Appeal Board, finding no abuse of discretion in the board's logic.

  • September 02, 2026

    Public Access Gets Win In Ex-Fla. GOP Chair's Records Case

    A Florida appellate court ruled Wednesday in favor of public access to investigative records involving the former chairman of the Sunshine State's Republican Party, finding that only legislators can create exemptions under the state's Public Records Act. 

Expert Analysis

  • 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.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

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