Appellate

  • September 30, 2026

    States Back AGs' 6th Circ. Bid To Keep RealPage Rent Claims

    A contingent of 25 states is backing a Sixth Circuit appeal from several other state-level enforcers challenging settlements in private litigation that could block them from seeking damages over claims that landlords used RealPage's software to collude on residential rental rates.

  • September 30, 2026

    11th Circ. Seems Wary Of Ga. Campaign Finance Challenge

    The Eleventh Circuit appeared reluctant Wednesday to revive the Libertarian Party of Georgia and the Georgia Green Party's challenge to a Peach State campaign finance statute they say gives traditional political parties an unfair advantage, pressing their attorney on whether they had standing to sue. 

  • September 30, 2026

    Ohio High Court Says Omitted Self-Defense Instruction OK

    A divided Ohio Supreme Court has upheld a man's conviction for firing a gun and hitting his neighbor's house, finding that the man could not prove that the trial court's failure to provide a self-defense instruction — which he had not requested — was an obvious error.

  • September 30, 2026

    3 States Ask High Court To Block Abortion Shield Laws

    Louisiana, Arkansas and Alabama urged the U.S. Supreme Court on Wednesday to strike down shield laws for reproductive care in New York, California and Massachusetts, alleging they illegally allow the mailing of abortion medication into states that restrict or ban abortion.

  • September 30, 2026

    Landowners Seek 11th Circ. Redo On Easement Value Cut

    Three Georgia conservation easement donors asked the full Eleventh Circuit to review a panel's split decision to slash the value of an easement they donated from $18 million to $1 million, saying the decision failed to take into account the property's highest and best use.

  • September 30, 2026

    NJ Co. Says PPE Stockpiling Was Chinese Sovereign Activity

    A New Jersey company accused of helping China hoard personal protective equipment to create a monopoly at the start of the COVID-19 pandemic told the Eleventh Circuit that a lower court erred in finding that the allegations fall within the commercial activity exception to sovereign immunity.

  • September 30, 2026

    Ex-BDO Partner Says Board Retaliated With Equity Cut

    A former BDO USA partner urged the Delaware Supreme Court on Wednesday to revive claims that the accounting firm improperly stripped him of equity after he announced plans to retire, arguing that even broad contractual discretion cannot be used in bad faith or retaliation.

  • September 30, 2026

    DOJ Atty Picked For Judgeship Probed On Fulton County Raid

    A top U.S. Department of Justice official tapped for a federal judgeship faced questions from Democratic lawmakers on Wednesday about the department's investigation in Fulton County, Georgia, over Trump's allegations of fraud in the 2020 election.

  • September 30, 2026

    Split 9th Circ. Keeps Ariz. Land Swap In Place

    The Ninth Circuit won't rethink a decision to allow a 2,500-acre land exchange within Arizona's Tonto National Forest that tribal nations and conservation groups say will destroy a sacred Apache worship site, with several judges voicing opposition in a pair of dissents and a statement saying the circuit court's 2024 decision in the dispute was wrong.

  • September 30, 2026

    Detainees Urge Justices To Deny Prison Co.'s Wage Appeal

    Immigrant detainees and Washington state asked the U.S. Supreme Court to reject a prison operator's bid to review a ruling on minimum wages for detention facility workers, arguing a federal agency changed the underlying rules months before the government urged the court to take the case.

  • September 30, 2026

    Crocs Takes ITC Appeal Timing Issue To Supreme Court

    Crocs Inc. wants the U.S. Supreme Court to take a look at when a federal agency's ruling becomes appealable, after the Federal Circuit found the clogs maker was too late in challenging a mixed U.S. International Trade Commission trademark ruling that generated two appeal deadlines.

  • September 30, 2026

    Mass. Panel Tosses Minor's Gun Charges Over Illegal Frisk

    Gun charges against a minor must be thrown out because Boston police did not have justification to search the minor for weapons after ordering him out of a vehicle, a Massachusetts appellate panel ruled Wednesday.

  • September 30, 2026

    Pa. Justices To Weigh If Murder Sentence Rule Is Retroactive

    The Pennsylvania Supreme Court will decide whether its March ruling ending mandatory life sentences for second-degree murder should be applied retroactively to prisoners already serving those sentences.

  • September 30, 2026

    2nd Circ. Says EFAA Bars Arbitration Of Ex-Exec's Entire Suit

    The Second Circuit ruled Wednesday that an ex-executive can keep her case in court after asserting sexual harassment claims against a Texas law firm, ruling the Ending Forced Arbitration of Sexual Harassment and Sexual Assault Act shields her whole suit from arbitration — not just her sexual misconduct claims.

  • September 30, 2026

    Bessent Owes $910K In Taxes As Limited Partner, Wyden Says

    Treasury Secretary Scott Bessent should pay more than $910,000 in payroll taxes as a hedge fund limited partner after the Second Circuit ruled that such partners are subject to the self-employment tax, Senate Finance Committee ranking member Ron Wyden said Wednesday.

  • September 29, 2026

    Bristol-Myers, Natco And More Can't Ditch Cancer Drug MDL

    A New Jersey federal judge Tuesday refused to throw out sprawling antitrust multidistrict litigation over Celgene Corp.'s cancer drug Revlimid filed against Bristol-Myers Squibb, Natco Pharma, AbbVie and other pharmaceutical companies, ruling that buyers' pay-for-delay claims are plausible at this stage in the litigation.

  • September 29, 2026

    En Banc 9th Circ. Mulls Copyright Test Change In Tattoo Case

    Counsel for a photographer who lost at trial over claims that a Kat Von D tattoo infringed his copyrighted photo of Miles Daves urged an en banc Ninth Circuit panel Tuesday to end the circuit's use of a subjective "intrinsic" test for juries to determine substantial similarity. 

  • September 29, 2026

    DOJ Says Trump Name Is Key To Kennedy Center Survival

    The U.S. Department of Justice told the D.C. Circuit the Kennedy Center's donors will flee if his name isn't put back on the building, arguing in its opening brief to the appeals court that the institution faces "financial ruin" without "appropriate recognition" for Trump.

  • September 29, 2026

    7th Circ. Skeptical Of Reviving License Plate Surveillance Suit

    A Seventh Circuit panel seemed skeptical Tuesday that it should revive two Cook County residents' lawsuit claiming the Illinois State Police subject residents to unconstitutional searches through automatic license plate reading cameras whose data is saved for months.

  • September 29, 2026

    Ministry Stance In Anti-LGBTQ+ Hiring Suit Confuses 9th Circ.

    An en banc Ninth Circuit struggled Tuesday to understand a Washington-based Christian ministry's legal stance as it sought to preserve its ability to reject job applicants who are gay, with several judges suggesting it was immune from enforcement action since the state recognized the jobs as ministerial and therefore constitutionally exempt from anti-discrimination laws.

  • September 29, 2026

    FCC Looking To Duck Mandamus In 2021 RF Exposure Order

    Five years after the D.C. Circuit told the FCC it needed to provide more in-depth reasoning for why it believes cellphones and other wireless devices don't pose a risk to humans, the agency is arguing it needs more time to sort out a response.

  • September 29, 2026

    Ga. Court Revives Go-Kart Injury Suit Over Destroyed Video

    A Georgia appellate court on Tuesday revived a suit accusing Andretti Indoor Karting & Games of causing a go-kart rider's injuries, saying the trial court applied the wrong legal standard regarding whether the facility improperly destroyed surveillance video evidence.

  • September 29, 2026

    Feds Tell 4th Circ. Ábrego García Delayed His Own Removal

    The Trump administration is telling the Fourth Circuit that a Maryland federal judge shouldn't have granted Kilmar Ábrego García protection from continued immigration detention, saying the unlawful rulings he successfully sought are what's preventing his removal to Liberia.

  • September 29, 2026

    Providence Tells Wash. Justices $230M Loss Upends CBAs

    Counsel for Providence Health & Services, Washington state's largest healthcare provider, urged the state's highest court on Tuesday to overturn workers' $230 million trial win over missed meal breaks, arguing that the judgment could put large employers at risk for complying with collective bargaining agreements.

  • September 29, 2026

    Tech Giants Tell Fed. Circ. To Spurn Squires Remand Bid

    Google, Meta and other tech giants that challenged an Express Mobile website building patent have asked the Federal Circuit to reject the U.S. Patent and Trademark Office's bid to remand the case to the patent office for further proceedings, after a panel of top Patent Trial and Appeal Board judges upheld the patent.

Expert Analysis

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

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