Appellate

  • August 14, 2026

    9th Circ. Says DOJ Subpoenas Can Support Trump Agenda

    A split Ninth Circuit panel on Friday held that President Donald Trump has the authority to direct the U.S. Department of Justice to issue politically motivated subpoenas that align with his broader policy goals, reversing a lower court's ruling quashing a subpoena issued to a gender-affirming medical care provider.

  • August 14, 2026

    Attys Looking To Justices To Resolve Design Patent 'Mess'

    Following a sharply divided order where the full Federal Circuit declined to reconsider the standards for design patent infringement, attorneys tell Law360 they hope the deep disagreements among the judges spur the U.S. Supreme Court to clear up precedent one called a "total mess."

  • August 14, 2026

    NC Law Firm's 'Personal Goodwill' Not Marital Property

    North Carolina's highest court Friday sided with an intellectual property attorney in finding that the value of his law firm attributable to his firm's "personal goodwill" is not marital property and thus can't be divvied up for equal distribution to his ex-wife following their divorce.

  • August 14, 2026

    Conn. Opposes Kalshi's Bid To Keep Running Pending Appeal

    Connecticut officials on Friday asked a federal judge to deny KalshiEX's bid to keep offering sports contracts as it mounts a "long-shot appeal" of an injunction, arguing there is no basis to restrain state regulators from enforcing state wagering law given the contracts' "clear illegality." 

  • August 14, 2026

    Hemp Cos. Ask 6th Circ. To Keep Ohio Law On Pause

    Hemp manufacturers and sellers have asked the Sixth Circuit to uphold a lower court's ruling that paused the enforcement of an Ohio law that reclassified their products as marijuana.

  • August 14, 2026

    Texas Panel OKs Atmos' Win In Home Gas Leak Injury Suit

    A Texas appellate court has affirmed the dismissal of a suit alleging a family suffered injuries from gas leaks inside their home due to the negligence of Atmos Energy, saying the family failed to prove the utility knew about the dangerous condition but did nothing.

  • August 14, 2026

    Texas Justices Pass On Atty's Bid To Undo Exxon Sanctions

    The Texas Supreme Court on Friday declined to take up an appeal brought by a law firm challenging a sanction order issued after a lower court found it launched a frivolous lawsuit against Exxon Mobil Corp. related to the company's acquisition of Pioneer Natural Resources.

  • August 14, 2026

    Mich. Panel Keeps District Judge Off Ballot Over False Filing

    A western Michigan district judge will remain off the November ballot after a state appeals court ruled that her affidavit of identity contained a false statement about unpaid campaign finance fees, requiring state election officials to reject her candidacy. 

  • August 14, 2026

    11th Circ. Weighs Fiduciary Duty In Pension Calculation Suit

    The Eleventh Circuit on Friday seemed wary of a retiree's argument that an energy company violated federal benefits law by not warning pension plan members that rising interest rates would reduce their lump sum payments, with one judge saying the company would likely "get sued" if it provided financial advice based on an ever-changing market.

  • August 14, 2026

    Mass. Appeals Court Orders New Trial Over Pro Se Approval

    The Massachusetts Appeals Court has ruled that a state trial court wrongly allowed a man to take over management of his own criminal trial and shunt his lawyer to a standby role without legally required warnings and checks.

  • August 14, 2026

    NY AG Says 2nd Circ. Ruling Doesn't Back Pricing Law Case

    The New York Attorney General's Office has pushed back after RealPage Inc. told a New York federal court that a recent Second Circuit ruling supports the company's challenge to a state law prohibiting landlords from using software to share information and set residential rental rates.

  • August 14, 2026

    7th Circ. Won't Revive Elanco Investors' Securities Fraud Suit

    The Seventh Circuit Friday affirmed the dismissal of a lawsuit claiming Elanco Animal Health misled the market by forcing distributors to buy excess inventory to artificially inflate its sales figures, saying it could not draw a strong inference of fraudulent intent by Elanco executives.

  • August 14, 2026

    9th Circ. Denies Ex-Cop's Asylum Bid, But Calls For Better Test

    A Ninth Circuit panel affirmed the denial of asylum for a former El Salvador police officer targeted by the MS-13 gang, but urged the full court to revisit precedent that directed it to only consider mistreatment incurred after the man left the force.

  • August 14, 2026

    Fed. Circ. Overrules Precedent On Veteran Hiring Protections

    The Federal Circuit on Friday revived a disabled veteran's challenge to the U.S. Navy's handling of his promotion application, which the agency rejected after mistakenly finding he didn't submit certain documents, and then reviewed only after giving the job to someone else. 

  • August 14, 2026

    Feds Seek To Undo ADA Win In Fla. After DOJ Guidance Shift

    The federal government asked the Eleventh Circuit on Thursday to vacate a recent ruling upholding an injunction that found Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, in light of a change in directives from the U.S. Department of Justice.

  • August 14, 2026

    5th Circ. Backs Investment Co.'s Sanction In Highland Ch. 11

    The Fifth Circuit on Friday decided to keep in place an $826,000 sanction against NexPoint Real Estate Partners, finding "clear and convincing evidence" showed it filed and litigated a bad-faith claim in the Chapter 11 case of defunct hedge fund Highland Capital Management LP.

  • August 14, 2026

    4th Circ. Altria Decision Spotlights Risks From ERISA Docs

    A recent Fourth Circuit decision in a retirement plan dispute between tobacco giant Altria and an ex-worker underscored how service provider contracts can introduce snags in litigation, with benefits attorneys warning that employers may want to review documents with the potential for disclosure in mind.

  • August 14, 2026

    Drone-Maker Gets Partial Do-Over In Chinese Gov't Ties Suit

    The D.C. Circuit Friday partially overturned a lower court win for the U.S. Department of Defense in its dispute with a drone-maker over being designated a Chinese military company, saying there is no publicly stated rationale for the decision.

  • August 14, 2026

    Cumulus Asks 2nd Circ. For Help With Nielsen Data Order

    Cumulus Media sought clarification Thursday from the Second Circuit on the timing of a district court order upheld last month barring Nielsen from conditioning access to national radio ratings data on buying Nielsen's local offerings, arguing that the ratings analytics company can't hold up obeying the injunction just because it's seeking reconsideration.

  • August 14, 2026

    6th Circ. Says Cops Forcing Man To Pee In His Yard Unlawful

    A Michigan man who was forced to urinate on his front lawn because police, who were conducting a search of his home, would not allow him to use his own bathroom had his Fourth Amendment rights violated, a Sixth Circuit panel determined on Thursday.

  • August 14, 2026

    9th Circ. Says Film Industry Pension Fight Needs 2nd Look

    The Ninth Circuit on Friday revived a set designer's suit claiming that the board of the Motion Picture Industry Pension Plans stood by while certain investment funds underperformed year over year, ruling a lower court should reassess whether the board acted imprudently under a clarified legal standard.

  • August 14, 2026

    Mich. Panel Gives Dog New Chance In Euthanasia Fight

    A Michigan appeals court has overturned an order requiring a Port Huron woman to euthanize her dog after he bit off a guest's nose, ruling that a lower court applied the wrong standard when deciding whether the guest provoked the dog by putting her face inches away from the dog's face.

  • August 14, 2026

    10th Circ. Backs $5M Verdict In Fight Over Toll Lanes Contract

    The Tenth Circuit on Friday unanimously upheld a Denver federal jury's award of $5.25 million to construction design firm Aecom, wholly rejecting a contractor's request for a new trial in a contract dispute over a Colorado toll lanes project.

  • August 14, 2026

    9th Circ. Revives Bid For 15 Alaska Tribal Health Docs

    A Ninth Circuit panel has revived a request for 15 documents related to internal investigations and governance reforms from the Alaska Native Tribal Health Consortium, finding that the district court abused its discretion and the case is not moot because it's uncontested that the information hasn't yet been viewed.

  • August 14, 2026

    1st Circ. Becomes 7th To Reject Trump's No-Bond Policy

    The First Circuit became the seventh appellate court to reject the Trump administration's argument that noncitizens arrested in the interior U.S. can be detained without bond, ruling that immigrants who entered the country unlawfully years earlier can seek release on bond.

Expert Analysis

  • 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.

  • 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.

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