Appellate

  • September 01, 2026

    NLRB Urges Full DC Circ. To Respect Its Policy Views

    The National Labor Relations Board urged the full D.C. Circuit on Tuesday to rethink a recent panel decision limiting the court's regard for the agency's legal positions in a vigorous defense of the board's policymaking power after the U.S. Supreme Court scrapped a sweeping deference doctrine.

  • September 01, 2026

    Split 9th Circ. Rejects Biden-Era Entry Rule

    A now-expired Biden-era rule limiting asylum eligibility for noncitizens entering from the southern border ran afoul of the Immigration and Nationality Act, the Ninth Circuit ruled, noting the INA allows noncitizens to seek asylum regardless of how they entered.

  • September 01, 2026

    10th Circ. Revives Aviation Workers' Arbitration Fight

    The Tenth Circuit reversed a district court ruling exempting aviation customer service workers from arbitration, finding Tuesday that the lower court misread the Supreme Court's framework for determining when workers fall outside the Federal Arbitration Act by focusing on individuals rather than their job class as a whole.

  • September 01, 2026

    Machine Guns, Silencers Aren't Protected By 2nd Amendment

    A self-described "alt-right" conservative podcaster cannot have his firearms convictions overturned because a federal law banning machine guns does not violate his Second Amendment rights, the Third Circuit ruled Tuesday.

  • September 01, 2026

    Mich. Court Upholds City In Worker Racism Retaliation Suit

    A split Michigan Court of Appeals panel rejected whistleblower and civil rights claims filed by a former employee of a Detroit suburb, finding insufficient evidence to show a connection between a city councilman's alleged racist comments and her firing.

  • September 01, 2026

    Orgs Say 401(k) Forfeiture Suit Ignores Fed. Regulations

    The U.S. Chamber of Commerce and an employer benefit advocacy group urged the Second Circuit to back the dismissal of a suit claiming a marketing company illegally used forfeited 401(k) funds to pay for plan contributions, stating the practice has been allowed by decades-old federal regulations.

  • September 01, 2026

    Justices Asked To Again Tackle SEC Disgorgement

    A Florida-based broker-dealer is petitioning the U.S. Supreme Court to hear another case targeting the disgorgement powers of the U.S. Securities and Exchange Commission, saying the court "left open" a question about victim identification after it last ruled on the issue earlier this year.

  • September 01, 2026

    NC Bar Defends Discipline Of Former Judge To Top Court

    The North Carolina State Bar's decision to punish a former judge for actions he took while on the bench is not an attack on judicial independence, the bar argued in urging the state's top court not to take up an appeal challenging an order of discipline against him.

  • September 01, 2026

    11th Circ. Rules Qui Tam Provisions Don't Violate Constitution

    The Eleventh Circuit on Tuesday held that the False Claims Act's qui tam provisions do not violate the appointments clause of the U.S. Constitution, maintaining private citizens' ability to sue entities on behalf of the United States for allegedly defrauding the federal government.

  • September 01, 2026

    FCC Tells Justices To Keep Campaign Ad Pricing 'Status Quo'

    The Federal Communications Commission has joined a call for the U.S. Supreme Court to lift a Fourth Circuit order blocking it from extending discounted television and radio advertising rates to committees that buy spots in coordination with political candidates, urging the justices to maintain the "status quo," despite allegedly inconsistent characterizations of the norm. 

  • September 01, 2026

    Fired FTC Commissioner Joins NYU Law Center As Sr. Fellow

    Rebecca Kelly Slaughter, the former Federal Trade Commission commissioner whose firing led to the U.S. Supreme Court ruling on the president's power to fire members of independent agencies, announced on Tuesday that she is headed to New York University School of Law for the next chapter of her legal career.

  • September 01, 2026

    Image Search Technology Raises New Copyright Questions

    Technology that can uncover decade-old online images is testing the practical limits of copyright’s discovery rule, as courts weigh reasonable diligence against the reality that sophisticated search tools still miss infringement and defendants may no longer possess records proving authorization.

  • September 01, 2026

    Temporary Tariffs Exceeded Trump's Power, Fed. Circ. Told

    President Donald Trump illegally based his temporary tariffs on the misapplication of a law allowing the president to address balance-of-payment deficits, two businesses told the Federal Circuit, pushing the court to preserve a U.S. Court of International Trade ruling against the tariffs.

  • September 01, 2026

    NJ College Absolved Of Gender Bias For Not Reinstating Prof

    A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Tesla Asks 9th Circ. To Decertify 'Full Self-Driving' Ad Class

    Tesla urged the Ninth Circuit on Monday to decertify classes of Tesla buyers who accuse the company of making false and deceptive promises about the capabilities of their "self-driving" electric vehicles, arguing that there's no proof showing all class members viewed the alleged misstatement at issue on Tesla's webpage.

  • August 31, 2026

    Texas Court Sends Oxy Carbon Capture Claims To Arbitration

    A Texas appellate court has revived Occidental Petroleum's attempt to arbitrate a multimillion-dollar dispute stemming from a project to deploy a technology aimed at reducing greenhouse gases in Australia, saying a tribunal in British Columbia must decide for itself whether it has jurisdiction.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    Jones Day Vet Returns After 'Intense' Run In High DOJ Post

    An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Mich. Court Upholds 2 Probate Ballot Decisions

    A Michigan state appeals court on Friday issued rulings in two disputes over the November ballot for the Wayne County Probate Court, allowing Vanessa Moss to remain on the ballot while affirming the exclusion of Susan L. Hubbard, in separate challenges over campaign finance filings and nominating petition signatures. 

  • August 31, 2026

    5th Circ. Hints At Dismissal Of Abortion Travel Assistance Suit

    A Fifth Circuit panel seemed hesitant of a bid by abortion-rights nonprofits to revive their lawsuit challenging Texas laws enacted before Roe v. Wade was overturned that made it a felony to aid a woman seeking an abortion out of state, saying Fifth Circuit precedent already undid the laws.

Expert Analysis

  • 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.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • 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.

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