Appellate

  • August 24, 2026

    Avis Didn't Waive Arbitration In Insurance Fight, 3rd Circ. Says

    Avis Budget Group didn't waive its right to arbitrate a dispute over its supplemental liability insurance by deposing a pair of customers in discovery, the Third Circuit ruled Monday, saying the car rental company needed to develop a factual record before moving to compel arbitration.

  • August 24, 2026

    3rd Circ. Revives Exxon Unit's Bid To Arbitrate Royalties Claims

    ExxonMobil subsidiary XTO Energy Inc. will get another chance to pursue arbitration in a case over allegedly underpaid natural gas royalties, with the Third Circuit ruling Monday that litigating class claims for more than four years did not preclude its bid for an out-of-court resolution.

  • August 24, 2026

    DOJ Backs Biotech Co. Against Red Cross At 1st Circ.

    The U.S. Department of Justice is continuing to back a biotech company that accuses the American Red Cross of blocking competition for blood platelet testing, telling the First Circuit the nonprofit is not part of the government and is not immune from the antitrust claims.

  • August 24, 2026

    Colo. Judge Certifies Class In Hospital Gender Care Suit

    A Colorado state judge granted class certification in transgender adolescents' lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming medical care for them and other transgender youth patients.

  • August 24, 2026

    5th Circ. Says IRS Penalty Suit Is Beyond Court Review

    The Internal Revenue Service's penalty imposed on a partnership for inaccurately reporting a Louisiana conservation easement transaction is considered a tax collection matter outside federal courts' jurisdiction, the Fifth Circuit ruled, declining to review a constitutional challenge against the penalty.

  • August 24, 2026

    Fed. Circ. Agrees To Speed Up Args In COVID Vax Patent Case

    The Federal Circuit on Monday agreed to accelerate the schedule in a COVID-19 vaccine patent dispute between Moderna and Arbutus Biopharma Corp. by holding arguments in November.

  • August 24, 2026

    Pa. Court Backs Lowe's Win In Lawnmower Injury Suit

    A Pennsylvania appeals court sided with Lowe's Home Centers LLC and MTD Products Inc. on Monday in a suit alleging a defective lawnmower caused a man's injuries when he slipped while mowing, finding that his failure to warn claim was doomed by his own admission he didn't read the posted warnings.

  • August 24, 2026

    7th Circ. Nixes IRS Bid For Rehearing Of Hyatt Perks Tax Fight

    A dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program will head back to the U.S. Tax Court, with the Seventh Circuit rejecting the Internal Revenue Service's request to rethink its decision remanding the case.

  • August 24, 2026

    Ga. Appeals Court Says Party Shootout Wasn't Foreseeable

    The Georgia Court of Appeals said Monday that a trial court rightly freed a fraternity and property owner from lawsuits over a deadly shooting that took place at a homecoming block party at Fort Valley State University in 2021.

  • August 24, 2026

    9th Circ. Sends Juneau Trust Fight Back After DOI Reversal

    A Ninth Circuit panel on Monday remanded a dispute over a 787-square-foot parcel in downtown Juneau after the U.S. Department of the Interior changed its position on the land-into-trust decision for an Alaskan tribal government.

  • August 24, 2026

    High Court Lifts Block On Mail-In Ballot Changes

    The Trump administration can proceed with plans to implement some new nationwide mail-in voting regulations ahead of this year's midterm elections, the U.S. Supreme Court ruled Monday, but questions remain about the enforceability of proposed U.S. Postal Service restrictions.

  • August 24, 2026

    11th Circ. Says Sudden Snatching Is A Deportable Crime

    The Eleventh Circuit has denied a Trinidad and Tobago native's petition to review a decision deeming him removable for his conviction for robbery by sudden snatching, saying the crime is indeed a deportable offense.

  • August 24, 2026

    Childcare Center Late To Claim Tax Break, Minn. Justices Told

    A Minnesota childcare center failed to meet the statutory deadline for seeking a property tax exemption and was not entitled to judicial review of the tax break's denial, a county told the state Supreme Court, urging it to reverse a state tax court decision.

  • August 24, 2026

    6th Circ. Upholds Mich. City's Pride Flag Ban

    The Sixth Circuit has affirmed a district court decision letting a city near Detroit bar Pride and other non-national flags from city-owned flagpoles, ruling that Hamtramck, Michigan, lawfully converted its flagpoles into a forum for government speech when it restricted which flags could be displayed. 

  • August 24, 2026

    DirecTV Opposes Nexstar's High Court Bid In Fee Case

    DirecTV has urged the U.S. Supreme Court not to grant a petition for review in the satellite provider's case accusing Nexstar of working with two other station owners to fix retransmission fees, arguing DirecTV's past licensing deals show it has standing to sue.

  • August 24, 2026

    2nd Circ. Backs Amazon Workers After Conn. High Court Win

    The Second Circuit Monday vacated Amazon's temporary win in a wage class action, saying the Connecticut Supreme Court's more recent conclusion that state law requires compensation for employee time spent awaiting and undergoing mandatory security screenings is "squarely at odds" with a federal district judge's original decision.

  • August 24, 2026

    11th Circ. Affirms $9M Loss For Chinese Circuit Board Maker

    The Eleventh Circuit has affirmed a $9.2 million judgment for the U.S. distributor of a Chinese circuit board manufacturer after finding that the manufacturer's lawsuit did not put the distributor's U.S. affiliate on notice it was being sued for its Hong Kong-based affiliate's unpaid invoices.

  • August 24, 2026

    Rising Star: Hogan Lovells' Jo-Ann Sagar

    Jo-Ann Sagar of Hogan Lovells Cadwalader represented Danco Laboratories in the high court's abortion medication case, and helped secure a win for incarcerated people with mental illness, earning her a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 24, 2026

    ATI Retirees To Appeal Toss Of Pension De-Risking Suit

    Former ATI employees will ask the Third Circuit to reopen a proposed class action alleging the aerospace company put their retirement benefits at risk by converting $1.5 billion in pension obligations to insurance-backed annuities, according to a filing in Pennsylvania federal court.

  • August 24, 2026

    DOJ Says House Dems Can't Sue Over ICE Visit Notice Rule

    The U.S. Department of Justice has urged a federal appeals court to throw out a lawsuit brought by House Democrats challenging a policy that requires seven days' notice for congressional oversight visits to immigration detention facilities.

  • August 24, 2026

    Software Co. Can't Arbitrate Conn. Judicial Branch Dispute

    A Massachusetts software company on Friday lost its bid to force the Connecticut Judicial Branch into private arbitration over claims it was not fully paid for working on a court case management system decades ago, with a panel concluding the state's waiver of sovereign immunity allowed only a Superior Court lawsuit.

  • August 24, 2026

    Paul Weiss Hires Goodwin Atty To Lead Supreme Court Team

    Paul Weiss Rifkind Wharton & Garrison LLP has tapped a Goodwin Procter partner with extensive appellate experience to lead its U.S. Supreme Court practice, the firm said Monday.

  • August 24, 2026

    10th Circ. Won't Revisit Netflix's 'Tiger King' Fair Use Win

    The Tenth Circuit will not reconsider its ruling that Netflix's use of a 66-second funeral clip in its hit "Tiger King" docuseries was fair use, leaving intact a decision that rejected copyright claims brought by the videographer who shot the video.

  • August 21, 2026

    6th Circ. Revives Freddie Mac Subprime Suit From '08 Crash

    The Sixth Circuit Friday revived a long-running securities suit brought by the Ohio Public Employees Retirement System against Freddie Mac and several of its former executives, holding that a district court erred in granting a summary judgment win for the government-backed enterprise and also denying class certification.

  • August 21, 2026

    3rd Circ. Nixes Fee Award, Allowing Lontex-Nike TM Deal

    The Third Circuit has granted clothing-maker Lontex Corp. and Nike Inc.'s joint bid to nix an attorney fees ruling after the parties reached a settlement in a lawsuit over Nike's use of the phrase "cool compression," saying this was "one of the rare cases" where a vacatur is appropriate.

Expert Analysis

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

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