Appellate

  • October 05, 2026

    High Court Won't Vacate Habeas Ruling After Case Turns Moot

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that blocked a federal prisoner's constitutional challenge to a sentence enhanced under the formerly mandatory federal sentencing guidelines.

  • October 05, 2026

    Mass. Justices Weigh Duties Of DAs, Judges After ICE Arrests

    Justices on Massachusetts' highest court Monday appeared willing to endorse a requirement that prosecutors and judges make formal efforts to get federal immigration officials to bring defendants in their custody to court for pending criminal cases before issuing a default warrant or dismissing a case.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Justices Won't Review SC Beach Gear Rental Antitrust Case

    The U.S. Supreme Court refused a petition Monday from a beach equipment rental company seeking to revive its antitrust case accusing a South Carolina city of using its municipal ordinances to monopolize the market.

  • October 05, 2026

    Deported Mass. Student May Be Beyond 1st Circ.'s Reach

    The First Circuit on Monday hinted that it may not have the ability to revive a Massachusetts college student's immigration case because she chose to remain abroad after being deported, meaning she is no longer in federal custody.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Justices Won't Review Christian Worker's COVID Testing Case

    The U.S. Supreme Court opted Monday not to take up a Christian worker's challenge to a split Eighth Circuit panel decision that nixed her lawsuit alleging a Minnesota county violated her religious rights by requiring her to undergo weekly COVID-19 testing.

  • October 05, 2026

    9th Circ. Pauses Rogoff's Return As Seattle US Atty

    The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Justices Pass On Fatal Drunk-Driving Qualified Immunity Case

    The U.S. Supreme Court on Monday declined to review a ruling granting qualified immunity to an Alabama sheriff's deputy who was accused of killing a passenger in a crash while driving drunk and off duty, then fleeing the scene.

  • October 05, 2026

    Justices Want SG's View On 3 Antitrust Cases

    The U.S. Supreme Court on Monday called for the solicitor general's view in antitrust cases involving hard drive component prices, allergy testing and treatment, and insulin products sold through a drug discount program.

  • October 05, 2026

    NJ Panel Tosses Geofence Warrant, Upending Robbery Case

    A New Jersey appeals court has ruled that police were incorrectly granted a geofence warrant because their application failed to establish a "nexus" between a string of gas station robberies and a potential suspect's cellphone location data.

  • October 05, 2026

    Justices Skip American Airlines Teen In-Flight Death Suit

    The U.S. Supreme Court on Monday declined to consider a case from the family of a 14-year-old teenager who died of cardiac arrest on board an American Airlines flight, which sought clarity on what's considered an accident under the Montreal Convention.

  • October 05, 2026

    Casinos Lose Bid For 3rd Circ. Redo In Room-Pricing Suit

    Atlantic City casino-hotels could not get the Third Circuit to go back on reviving a proposed class action accusing them of a price-fixing scheme for hotel rooms, according to a court order.

  • October 05, 2026

    Minn. Court Wrong To OK Childcare Tax Break, County Says

    A Minnesota childcare center missed a statutory filing deadline for a property tax break and thus should not be allowed the deduction, the state's largest county told the state Supreme Court, urging it to reverse a state tax court decision.

  • October 05, 2026

    Renters Seek Class Cert. For RealPage Antitrust Suit

    A proposed class of renters asked a Tennessee federal court to certify it for its antitrust claims, saying property management software company RealPage Inc. allowed multifamily landlords to use its revenue management products for rent price-fixing.

  • October 05, 2026

    High Court Won't Consider $30M Argentine Bondholder Claim

    Argentine bondholders claiming the Second Circuit wrongly upheld a block of over $30 million in contractual claims against Argentina won't get a chance to argue their stance at the U.S. Supreme Court, as the justices declined on Monday to review the case.

  • 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.

Expert Analysis

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • 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.

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