Appellate

  • October 05, 2026

    11th Circ. Won't Revive Carnival Cruise Jacuzzi Hatch Fall Suit

    The Eleventh Circuit won't reinstate a cruise passenger's suit against Carnival Corp. alleging she fell down a jacuzzi maintenance hatch while aboard a 2024 cruise, saying she failed to show the cruise line had any constructive notice of the danger.

  • October 05, 2026

    High Court Won't Take Up Maine Lobster Boat Tracking Suit

    The U.S. Supreme Court on Monday declined to consider a constitutional challenge to Maine's tracking of vessels that hold federal lobster permits, a policy several lobster fishermen claimed violated their privacy rights.

  • October 05, 2026

    Justices Won't Hear Corporate Transparency Act Challenges

    The U.S. Supreme Court on Monday declined to hear two cases challenging the Corporate Transparency Act, a law designed to establish a national beneficial ownership registry for law enforcement agencies investigating shell companies that was severely curtailed by the U.S. Department of the Treasury.

  • October 05, 2026

    Sullivan & Cromwell Adds Ex-SG Assistants To Lead Appellate

    Sullivan & Cromwell LLP on Monday added two partners to lead the firm's Supreme Court and appellate practice, joining from McGuireWoods LLP and Ashurst Perkins Coie to fill a gap left after the firm's former appeals head departed for Gibson Dunn & Crutcher LLP this spring.

  • October 05, 2026

    Fox Tells DC Circ. Worker Wasn't Fired Over Leave, Politics

    Fox News urged the D.C. Circuit to reject a former Capitol Hill producer's bid to revive claims that he was fired over his political views and use of sick leave, arguing he was terminated instead for insubordination and unprofessional conduct.

  • October 05, 2026

    Justices Won't Review John Doe Warrant, Trash DNA Test

    The U.S. Supreme Court on Monday declined to hear a challenge to a John Doe warrant and the warrantless collection and DNA testing of trash items used to convict a man in 2024 for the rape of a Penn State student in 1995.

  • October 05, 2026

    Justices Won't Hear Google Maps Antitrust Case

    The U.S. Supreme Court refused Monday to scrutinize a Ninth Circuit decision declining to revive a proposed antitrust class action from app makers accusing Google of locking out rival maps products.

  • October 05, 2026

    Justices Seek Trump Admin's Views In Escrow-Interest Fight

    The U.S. Supreme Court asked Monday for the Trump administration to weigh in as the justices consider taking up a set of cases challenging whether federally chartered banks are exempt from state laws requiring lenders to pay interest on homeowners' mortgage escrow accounts.

  • October 05, 2026

    Justices Won't Review Pregnancy Center Vandalism Case

    The U.S. Supreme Court on Monday said it will not review the conviction of a Florida woman for conspiring to violate a federal statute that prohibits intimidation and obstruction of people trying to access reproductive health facilities.

  • October 05, 2026

    Justices Turn Away Case Over NLRB Remedies And Review

    The U.S. Supreme Court on Monday turned away an appeal of a Third Circuit ruling involving a number of labor issues, including the National Labor Relations Board's heightened remedies and the level of deference courts owe the agency.

  • October 05, 2026

    High Court Turns Away Delta Pilots' Military Leave Bias Suit

    The U.S. Supreme Court refused Monday to hear former Delta Air Lines pilots' challenge to an Eleventh Circuit ruling that grounded their suit alleging the airline pushed them out of their jobs for taking military leave.

  • October 05, 2026

    High Court Won't Review DirecTV Standing In Nexstar Fee Suit

    The U.S. Supreme Court declined Monday to review whether DirecTV has standing to sue broadcast chain Nexstar for allegedly working with two other station owners to fix retransmission fees for broadcast programs.

  • October 05, 2026

    Justices Decline To Hear Post-Mallory Forum-Shopping Fight

    The U.S. Supreme Court on Monday declined to consider whether state business-registration laws like Pennsylvania's asserting jurisdiction over out-of-state companies for out-of-state conduct alleged by out-of-state plaintiffs are unconstitutional under the dormant commerce clause.

  • October 05, 2026

    High Court Won't Hear Chicago Workers' Vaccine Appeal

    The U.S. Supreme Court again refused Monday to weigh in on a challenge to COVID-19 vaccine and testing requirements for Chicago city workers, declining to take up the case after the Seventh Circuit refused to revive their lawsuit in December.

  • October 05, 2026

    Justices Pass On Former Air Marshal's Disability Bias Suit

    The U.S. Supreme Court declined on Monday to probe a Fourth Circuit ruling that upheld the dismissal of a former air marshal's disability bias suit, which claimed the government improperly required her to transfer positions rather than accommodate her vision issues.

  • October 05, 2026

    Supreme Court Won't Hear Tribal Card Check Order Challenge

    The U.S. Supreme Court on Monday denied a Native American tribe's challenge to an arbitrator's decision requiring it to follow election rules in an agreement with a UNITE HERE local that the tribe said violated tribal law.

  • October 05, 2026

    Justices Let Uber's Win Stand In Fatal Florida Crash Suit

    The U.S. Supreme Court declined on Monday to hear a wrongful death suit over an accident that killed an Uber driver's ex-girlfriend, leaving in place a ruling that said the ride-sharing app could not be held liable because the driver was not logged into the app at the time of the crash.

  • October 05, 2026

    Supreme Court Won't Rethink Trucking Co. Bargaining Order

    The U.S. Supreme Court on Monday rejected a trucking company's bid to reverse a National Labor Relations Board order requiring it to bargain with a union, leaving in place a Fourth Circuit decision that found the order was supported by substantial evidence.

  • October 05, 2026

    Justices Seek Solicitor General's Views On Tribal River Claims

    The U.S. Supreme Court on Monday sought the solicitor general's views on whether Washington tribes can pursue damages against a Canadian mining company for alleged pollution to the Columbia River.

  • October 05, 2026

    Justices Won't Wade Into Netflix ERISA Document Fight

    The U.S. Supreme Court refused Monday to take up a Netflix employee health plan participant's challenge to a Ninth Circuit ruling that said contracts between Netflix and its health plan administrators weren't subject to disclosure under federal benefits law.

  • October 05, 2026

    High Court Won't Hear Tribe's $208M Breach Of Trust Dispute

    The U.S. Supreme Court declined Monday to hear a Nevada tribe's bid to revive $208 million in breach of trust claims against the federal government, leaving intact a Federal Circuit ruling the tribe said will reduce their homelands to "useless sand without water."

  • October 05, 2026

    Justices Pass On Challenge To New York Diet Pill Law

    The U.S. Supreme Court won't take up a First Amendment challenge to a New York prohibition on the sale of weight-loss and muscle-building supplements to minors.

  • October 05, 2026

    High Court Won't Hear Madoff Feeder Funds' Clawback Appeal

    The U.S. Supreme Court on Monday denied certiorari to a group of feeder funds that invested in the Ponzi scheme of Bernard L. Madoff, which sought to challenge a Second Circuit ruling that found their $6 billion in clawback claims were barred by a securities safe harbor of the bankruptcy code.

  • October 05, 2026

    Cop Fired After Posting Rap Videos Can't Get High Court's Ear

    The U.S. Supreme Court refused Monday to review a Black police officer's lawsuit claiming he was unlawfully fired after posting homemade rap videos online, declining his invitation to revisit a landmark 1973 ruling on evidentiary standards in bias cases.

  • October 05, 2026

    Justices Won't Hear Minn. Indian Child Welfare Act Case

    The U.S. Supreme Court declined Monday to hear two foster parents' challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights.

Expert Analysis

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • 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.

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