Appellate

  • August 07, 2026

    Judge Says Park Signage Suit Will Continue During Appeal

    A Massachusetts judge won't pause a district court's deadlines pending the outcome of a First Circuit appeal in a dispute over a decision to remove information about climate change, slavery and Indigenous history from National Park Service sites, saying the harm to the plaintiffs outweighs any harm to the defendants.

  • August 07, 2026

    Kalshi Wants Utah Gambling Law Blocked Pending Appeal

    Kalshi has urged a federal judge to issue an injunction barring Utah from enforcing its anti-gambling laws against the company's prediction markets while it appeals a ruling holding the state could do so.

  • August 07, 2026

    Texas Docs Can't Exit Patient's Hernia Surgery Death Suit

    A Texas appellate court has refused to toss a suit accusing two doctors of causing a hernia surgery patient's death, finding that the plaintiff submitted an expert report that met the "low threshold" required under the state's medical malpractice statute.

  • August 07, 2026

    Del. High Court Won't Toss Newsom Defamation Suit

    The Delaware Supreme Court has denied Fox News' call for a mid-case review of an April ruling that allowed California Gov. Gavin Newsom's $787 million defamation suit to proceed.

  • August 07, 2026

    Hyatt Says No Rehearing Needed In $300M Rewards Tax Fight

    The Seventh Circuit doesn't need to reconsider its decision to remand a dispute over the taxability of $300 million in funds from Hyatt Hotels' loyalty rewards program to the U.S. Tax Court, the hospitality giant told the court.

  • August 07, 2026

    J&J Fax Sent To Pharmacy An Unwanted Ad, 3rd Circ. Says

    In a precedential opinion Friday, the Third Circuit ruled a two-page fax Johnson & Johnson sent to a Florida pharmacy about its drug Xarelto was an unsolicited advertisement, reversing a lower court's finding and reviving a class claim filed by the pharmacy alleging the drugmaker violated the Telephone Consumer Protection Act.

  • August 07, 2026

    Mich. Estate Can Seek Damages For Lost Caregiving Services

    The estate of a woman who died after allegedly suffering complications from improperly managed blood-thinner treatment may seek damages for the household and caregiving services she would have provided to her husband, a Michigan appellate panel ruled Thursday.

  • August 07, 2026

    Immigrant Groups Seek 1st Circ. Stay On TPS Work Limits

    A coalition of immigration advocacy groups, a union and its affiliate asked the First Circuit to step in after a Massachusetts federal judge declined to freeze a one-year work authorization cap for those with temporary protected status, arguing that its members will suffer irreparable harm without immediate relief.

  • August 07, 2026

    Trump Renews Bid To Oust Fed's Cook Over Mortgage Claims

    The White House has notified Federal Reserve Gov. Lisa Cook that President Donald Trump is "considering" moving again to oust her from the central bank, setting up another potential legal battle after the U.S. Supreme Court blocked her removal in June.

  • August 07, 2026

    NY Court Says Town's Cannabis Zoning Rule Preempted

    A New York intermediate appellate court has found that the state's marijuana law preempts localities from enforcing more stringent location policies for marijuana stores than what is found in state law.

  • August 07, 2026

    Conn. $226K Atty Fund Seizure Holds Up At Appeals Court

    A Connecticut appeals court held Friday that an attorney who successfully challenged his 90-day suspension was not entitled to dismissal of a related order forfeiting the contents of his trust account, leaving the dispute ready for the Connecticut Supreme Court to weigh in again.

  • August 07, 2026

    CoStar Fights CREXi Bid To Stay Suit Over Quinn Emanuel DQ

    CoStar is urging a California federal court to reject a bid by Commercial Real Estate Exchange Inc., or CREXi, to pause a copyright suit while CREXi asks the Ninth Circuit to undo the disqualification of its Quinn Emanuel Urquhart & Sullivan LLP attorneys, arguing the stay request is "unsupported by law."

  • August 07, 2026

    Fla. Justices Say They Can't Force Gov.'s Judge Picks

    The Florida Supreme Court on Friday ruled that a former state appellate judge's petition to appoint a successor is moot because the vacancy was filled while the case was pending, adding that only the governor has the power to pick replacements. 

  • August 07, 2026

    5th Circ. Revives Afghan's Asylum Bid Over Translation Error

    The Fifth Circuit said immigration officials' doubts about an Afghan man's claims that he served as security personnel for high-ranking government officials in Afghanistan were not supported by the record, finding the inconsistencies in his testimony were not meaningful.

  • August 07, 2026

    Senator Considers Ethics Complaint Against 3rd Circ. Judge

    Sen. Chris Coons, D-Del., has indicated he is weighing whether to pursue ethics charges against U.S. Circuit Judge Jennifer Mascott of the Third Circuit in the wake of a news report stating she operated a public affairs agency from the bench.

  • August 07, 2026

    NJ Panel Says Arbitrators Don't Have To Disclose Remote Ties

    A New Jersey appellate panel on Friday rejected a former hospital employee's argument that an arbitrator's prior role as corporate counsel for a hospital her attorney had previously sued created a conflict of interest, ruling that such remote relationships don't create a conflict.

  • August 07, 2026

    Cornell Can't Strike Jury Demand In Recordkeeping Fee Suit

    A New York federal judge denied Cornell University's request to strike a jury trial demand in a class action alleging that excessive recordkeeping fees dragged down workers' retirement plan savings, saying the class is entitled to a jury because the complaint sought both legal and equitable remedies.

  • August 07, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen Cleary Gottlieb sue a former client it advised on the proposed sale of a holding company and the continuation of litigation between pharma giants Merck Sharp & Dohme and Merck KGaA over rights to the Merck name in the U.K.

  • August 07, 2026

    ERISA Recap: 6 Important Rulings From July

    The Ninth Circuit rejected a fund manager's bid to force a 401(k) suit into arbitration, a district court tossed a pension de-risking suit, and the D.C. Circuit unraveled a union pension fund's $13 million withdrawal liability win.

  • August 07, 2026

    Key Senator Backs Blanche, Likely Securing AG Confirmation

    Acting Attorney General Todd Blanche appears to have locked down the votes needed for his bid to be attorney general after Sen. Bill Cassidy, R-La., said Friday that he would support the nomination.

  • August 06, 2026

    Union Pacific Appeal Revives Environmental Insurance Claims

    A Washington appeals panel Thursday revived Union Pacific Railroad Co.'s insurance claims around environmental liability at four sites in Washington and Oregon, ruling that the locations fell outside the scope of the railroad's decades-old settlement agreements with U.S. Fire Insurance Co.

  • August 06, 2026

    TitleMax Rebuffed In 4th Circ. Bid To Halt Pa. Usury Case

    The Fourth Circuit has cleared Pennsylvania's banking regulator to continue its pursuit of $52.7 million in penalties from TitleMax for alleged interest-rate violations, rejecting a bid by the title lender's South Carolina arm to block the out-of-state enforcement proceeding. 

  • August 06, 2026

    Spain To Seek 2nd Chance In Award Enforcement Cases

    Spain will continue fighting the enforcement of hundreds of millions of euros worth of arbitral awards against it despite the U.S. Supreme Court denying its certiorari bid in a series of parallel cases, focusing on issues raised by the Trump administration in those cases.

  • August 06, 2026

    X Corp. Asks 5th Circ. To Revive Advertiser Boycott Suit

    X Corp. has asked the Fifth Circuit to revive its antitrust lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase, arguing a Texas federal judge "asked the wrong questions and gave the wrong answers."

  • August 06, 2026

    NJ Justices Say Employee UIM Needn't Match Liability Cap

    In answering two certified questions from the Third Circuit, the New Jersey Supreme Court on Thursday said a worker injured while driving a company vehicle is not entitled to his employer's full general liability limit under a state law that requires employers to give workers the same underinsured motorist coverage. 

Expert Analysis

  • 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.

  • 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.

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