Appellate

  • August 19, 2026

    SCOTUSblog Founder Goldstein Seeks Release During Appeal

    SCOTUSblog founder Thomas Goldstein on Tuesday asked to be released from federal custody while he appeals his 12 tax and mortgage fraud convictions and a six-year prison sentence, saying he is not a flight risk and it would be a "grave injustice" for him to begin a sentence he believes will eventually get axed.

  • August 19, 2026

    Pa. Court Lets Off-Grid Solar Projects Get Energy Credits

    Solar energy projects in Pennsylvania do not have to connect to the electrical grid to qualify for "solar renewable energy credits," allowing gas pipeline operator Williams Companies Inc. to get and sell credits for solar arrays that only power two remote compressor stations, a state appellate court ruled Wednesday.

  • August 19, 2026

    Mass. Top Court Clears Path For $325M Pro Soccer Stadium

    Massachusetts' highest court on Wednesday cleared the way for construction to continue on a $325 million women's professional soccer stadium on a parcel within Boston's historic Franklin Park, finding that the project is not subject to a state law protecting parkland from development.

  • August 19, 2026

    Colo. Justices To Weigh Insurer's Policy Disclosure Duty

    The Colorado Supreme Court has agreed to review whether an insurer must turn over an auto insurance policy under state disclosure law even when the policy was not in effect at the time of the underlying accident.

  • August 19, 2026

    4th Circ. Ends Immigration Judges' Free Speech Suit

    The Fourth Circuit on Wednesday affirmed that a district court lacked authority to hear a suit from an immigration judges' union challenging a policy barring judges from speaking publicly about immigration without prior approval.

  • August 19, 2026

    Ga. Appeals Court Says Hospital Must Face Negligence Suit

    A Georgia hospital will have to face a woman's suit alleging her husband died because one of its employees dropped him during a bed transfer, the Georgia Court of Appeals said, faulting a trial court's ruling that she needed to file an expert affidavit.

  • August 18, 2026

    7th Circ. Says Resort Co. Waited Too Long For TCPA Suit Arb.

    The Seventh Circuit on Tuesday concluded Club Exploria's conduct in a long-running Telephone Consumer Protection Act case was inconsistent with its intent to arbitrate as it waited four years to raise arbitration and finding its decision to hire new lawyers "late in the game cannot excuse prior counsel's lack of diligence."

  • August 18, 2026

    DC Circ. Backs EPA Forever Chemicals Rules

    The D.C. Circuit Tuesday backed the U.S. Environmental Protection Agency's designation of the two most common forms of forever chemicals as hazardous substances under federal Superfund law, rejecting arguments from industry that the agency didn't have a legal basis to do so.

  • August 18, 2026

    At DC Circ., Pharma's Latest Pricing Loss Has Silver Linings

    The pharmaceutical industry's far-flung crusade against Medicare's new negotiation powers suffered a fresh setback Tuesday as the D.C. Circuit joined sister circuits in upholding the landmark pricing program, but the defeat contained consolation prizes that will fuel further litigation.

  • August 18, 2026

    Pa. Justices Vacate New Trial Grant In Child Murder Case

    The Pennsylvania Supreme Court on Tuesday vacated a court's decision to grant a new trial to a man sentenced to death for strangling his ex-girlfriend and her 5-year-old daughter and staging the crime scene as a murder-suicide, saying strong evidence of his guilt outweighed his post-conviction relief claims.

  • August 18, 2026

    7th Circ. Rejects Ex-Cushman GC's Defamation Revival Bid

    Cushman & Wakefield's former general counsel cannot pursue an Illinois defamation claim over a Law.com article and subsequent revision he claims improperly linked his departure to subpoena deadline mismanagement in a Trump Organization property tax probe, the Seventh Circuit said Tuesday.

  • August 18, 2026

    DC Circ. Revives Part Of Fight Over Braille-Free Drug Label

    The D.C. Circuit on Tuesday partially vacated a lower court judgment that had upheld the U.S. Food and Drug Administration's approval of a label without braille for Teva Pharmaceuticals' generic version of a drug often prescribed to blind people.

  • August 18, 2026

    Hesai Deprived Due Process Over DOD List, DC Circ. Says

    A D.C. Circuit panel held Tuesday that a Department of Defense decision to include Shanghai lidar-maker Hesai on a list of Chinese military companies didn't give the company due process, reversing a lower court's ruling while also allowing the designation to remain in effect.

  • August 18, 2026

    Big Tech, PTAB Attys Urge Justices To Fix USPTO Power Grab

    The Federal Circuit's refusal to curb the U.S. Patent and Trademark Office director's power over instituting Patent Trial and Appeal Board challenges has allowed leaders to "wreak havoc" without accountability, top tech companies have warned the U.S. Supreme Court.

  • August 18, 2026

    11th Circ. Says Clerk's Notice Fail Sank Fla. Funds Seizure

    The Eleventh Circuit ruled Monday that a Florida county court clerk violated the Fifth and Fourteenth amendments by taking funds deposited in a court registry as part of an eviction proceeding, because the clerk's notice to the owner of the funds was not reasonably calculated to reach him.

  • August 18, 2026

    Texas AG Asks 1st Circ. To Revive ActBlue Suit

    The Texas attorney general has asked the First Circuit to revive his Texas-based lawsuit against Democratic fundraising platform ActBlue after a Massachusetts federal court blocked it, saying the federal judge improperly stymied his state-based fraud claims.

  • August 18, 2026

    5th Circ. Rejects Texas Water Case Against River Authority

    The Fifth Circuit refused Tuesday to revive a private water utility's antitrust case targeting Texas' San Jacinto River Authority contract fees designed to reduce groundwater use, concluding that the contract was not designed to fix prices.  

  • August 18, 2026

    Feds Seek Full 4th Circ. Review Of DEI Firings Row

    The federal government urged the Fourth Circuit to review a split panel's decision requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with assignments related to DEI and accessibility to appeal their terminations.

  • August 18, 2026

    Ga. Justices Won't Revisit MARTA Rider's Injury Case

    Georgia's justices said they will not take up the case of a woman who alleged she was injured when a Metropolitan Atlanta Rapid Transit Authority bus driver started driving while she was still paying her fare, allowing a summary judgment ruling in favor of MARTA and the driver to stand.

  • August 18, 2026

    Fla. Panel Undoes Fraud Finding In Pot Extract Machine Suit

    A Florida entrepreneur and engineer accused of failing to deliver on a marijuana extraction system known as the Green Machine will get an opportunity to convince a jury he's not on the hook for the device, a state appeals court ruled, saying a trial is needed to determine whether he is personally responsible.

  • August 18, 2026

    Texas Court Wipes Ex-GloriFi CEO's Claims Against Investor

    A Texas appellate court tossed counterclaims brought by the former CEO of defunct conservative fintech company GloriFi against an erstwhile investor, saying he failed to show the investor defamed him.

  • August 18, 2026

    10th Circ. Revisits Banks' Challenge To Colo. Opt-Out Law

    The Tenth Circuit on Tuesday reconsidered a challenge from banking groups to a Colorado law intended to curb high-cost lending by out-of-state banks, pressing counsel on the practicality of Colorado's law and the history of a federal interest rate law.

  • August 18, 2026

    3rd Circ. Revisits Jury Instruction On Drug Custody Proof

    The Third Circuit has ruled that the government was not required to prove beyond a reasonable doubt the chain of custody for narcotics shown to a jury in a drug conspiracy and distribution case.

  • August 18, 2026

    Tax Court's Petition Deadline Isn't Flexible, 1st Circ. Rules

    The deadline for filing a petition in the U.S. Tax Court isn't a jurisdictional bar that prevents the court from hearing a Maine company's late-filed challenge of a transferee liability notice for unpaid taxes, but the deadline can't be extended to create fairness, the First Circuit said.

  • August 18, 2026

    2nd Circ. Lets Stand Cumulus' Nielsen Data Unbundling Order

    The Second Circuit declined Tuesday to reconsider a ruling that Nielsen cannot tie together sales of its local and national radio data, sustaining a win for the troubled Cumulus Media New Holdings Inc. even as the company tries to enforce the lower court's order against the ratings giant.

Expert Analysis

  • 'Tiger King' Funeral Clip Ruling Offers Fair Use Road Map

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    The Tenth Circuit's decision in Whyte Monkee v. Netflix that the streaming service's use of another party's funeral footage in the docuseries "Tiger King" constituted fair use lays out a framework for producers to apply the four statutory fair use factors to their own projects, says Frank D’Angelo at Loeb & Loeb.

  • Justices Stand On Statutory Specifics In Cisco And Landor

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    With its June 23 decisions in Cisco Systems Inc. v. Doe and Landor v. Louisiana Department of Corrections and Public Safety, the U.S. Supreme Court doubled down on the critical point that the statute invoked in a federal claim must authorize a private lawsuit and the remedy sought, says Patrick Judd at Phelps Dunbar.

  • Justices' Concurrences Foretell Fault Line On Appeal Waivers

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    The U.S. Supreme Court recently ruled 8-1 in Hunter v. U.S. that appeal waivers that produce a miscarriage of justice are unenforceable, but the decision's concurrences indicate future divisions over whether this exception will be used as a rare safety valve or to police ordinary but troubling plea errors, say attorneys at RJO.

  • How Montgomery Ruling Will Affect Cos. Across Supply Chain

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    Since the U.S. Supreme Court's May 14 decision in Montgomery v. Caribe Transport II, the immediate focus has been on freight brokers and negligent carrier-selection claims, but the ripple effects may extend to shippers, logistics providers, insurers, transportation managers and other participants in the supply chain, say attorneys at Quintairos Prieto.

  • High Court's FCC Fine Ruling Reframes Agency Enforcement

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    The U.S. Supreme Court's recent decision in Federal Communications Commission v. AT&T sweeps aside uncertainty about what kinds of regulatory enforcement trigger a Seventh Amendment right, say attorneys at Squire Patton.

  • How 6th Circ. Tightened NLRB Injunction Standard

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    The Sixth Circuit's recent ruling in Kerwin v. Trinity Health Grand Haven Hospital, dissolving a Section 10(j) injunction obtained by the National Labor Relations Board against an employer that refused to bargain, will make it harder for the NLRB to obtain injunctions while prosecuting unfair labor practice proceedings, say attorneys at Bass Berry.

  • After Durnell, Connecting Science And Causation Will Be Key

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    The U.S. Supreme Court's June 25 decision in Monsanto v. Durnell narrowed label-based failure-to-warn claims — meaning that going forward, viable theories will depend even more on whether experts can reliably connect scientific evidence to the causal proposition the law requires, says Alex Smolak at Weill Cornell Medicine-Qatar.

  • Series

    Choral Singing Makes Me A Better Lawyer

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    Singing in the New York City Bar Chorus — a hobby partly inspired by the late U.S. District Judge Richard Owen, who infused my clerkship year with opera music — has improved my legal career by refining my abilities to listen, exude confidence and develop emotional intelligence, says Bonnie Baker at Friedman Kaplan.

  • Attorney Mental Health Is An Ethical Obligation In The AI Era

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    As attorneys cope with the increasing unpredictability that artificial intelligence and constant policy changes have created, particularly in practice areas where they carry the emotional weight of clients’ most consequential life events, otherwise soft discussions about self-care are a matter of professional competence, says attorney Jack Jrada.

  • Tariff Refunds May Reshape Loan Covenant Calculations

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    Tariff refunds issued after the U.S. Supreme Court's Learning Resources decision may complicate borrowers' covenant calculations depending on accounting treatment, the timing of recognition, customer reimbursement obligations and credit agreement language, say attorneys at Mayer Brown.

  • The Case For Using Final-Offer Damages Forms In IP Suits

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    Recent Federal Circuit decisions, such as Ollnova v. Ecobee, that scrutinize verdict forms in patent infringement disputes potentially render the final-offer damages selection procedure more attractive, though it should not be seen as a replacement for patent damages doctrine, says Brandon Theiss at Addy Hart.

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

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