Appellate

  • 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. 

  • August 06, 2026

    Federal Judge Rules Tower-Dump Warrants Unconstitutional

    A Mississippi federal judge has denied search warrants to investigators seeking access to bulk cellular tower data to identify culprits behind several violent crimes, finding such warrants are unconstitutional following the U.S. Supreme Court's recent decision in Chatrie v. U.S.

  • August 06, 2026

    1st Circ. Asked To Stop Student Removals For Palestine Speech

    A coalition of academic groups challenging the Trump administration's ability to target noncitizens for removal for pro-Palestinian speech told the First Circuit an injunction is needed to block the federal government from continuing to enforce the policy.

  • August 06, 2026

    Wash. Justices Offer Bar Waiver After July Exam Tech Failure

    The Washington State Supreme Court said Thursday it's offering to waive the bar exam requirement for first-time applicants who were unable to take the test last week due to an abrupt cancellation driven by technical issues at the Yakima Convention Center where it was scheduled to be administered.   

  • August 06, 2026

    9th Circ. Revives Corona Clay Pollution Suit Over Creek Status

    A Ninth Circuit panel reversed a lower court's order denying a clay recycling manufacturer's request for a new trial after being found to have violated the Clean Water Act, saying significant changes to the law require another look at the case.

  • August 06, 2026

    7th Circ. Backs Outcome Health Execs' $1B Fraud Convictions

    The Seventh Circuit on Thursday upheld the convictions of two Outcome Health executives for lying about the company's capabilities and value in a $1 billion fraud, rejecting their argument that an overzealous pretrial freeze on millions in assets violated their constitutional right to hire the defense attorneys of their choice.

  • August 06, 2026

    LDS Church's 10th Circ. Win Widens Insurance Ruling Splits

    The Tenth Circuit revived a Church of Jesus Christ of Latter-day Saints' bid for coverage for a suit over sexual abuse by a church member. The decision widens a jurisdictional split over interpreting crucial policy language.

  • August 06, 2026

    Royal Caribbean Arbitration Bid Falls Flat, 11th Circ. Hears

    Passengers who claim a former Royal Caribbean Cruises Ltd. crew member secretly filmed them, including children, while they undressed urged the Eleventh Circuit on Wednesday to uphold a ruling that their case cannot be forced into arbitration.

  • August 06, 2026

    2nd Circ. Says Pillsbury Must Surrender $3.6M Retainer

    Pillsbury Winthrop Shaw Pittman LLP was ordered on Thursday to hand over a $3.6 million retainer it was paid to defend a client against criminal and civil fraud charges, with the Second Circuit upholding a ruling that the funds were part of an asset freeze order issued in a U.S. Securities and Exchange Commission case.

  • August 06, 2026

    9th Circ. Says EPA Air Quality Exception Pulled From 'Thin Air'

    The Ninth Circuit held Wednesday that the U.S. Environmental Protection Agency exceeded its authority when it approved a California air quality plan that allowed weaker backup pollution controls for the state's San Joaquin Valley, with a dissent calling it a "Kafkaesque" and "alarming" ruling.

  • August 06, 2026

    6th Circ. Slashes 'Egregious' Fee Award In Tax-Taking Suit

    Michigan attorneys representing plaintiffs in a tax foreclosure suit had their awarded attorney fees, which more than doubled the settlement they obtained in the case, slashed by a Sixth Circuit panel in a published opinion Thursday.

  • August 06, 2026

    The Dramatic Moments Set To Shape Tom Goldstein's Appeal

    Prurient revelations, brash recriminations and purportedly glaring judicial errors in Tom Goldstein's criminal case have captivated the appellate bar for nearly 19 months, and many of those moments will be center stage in the star attorney's imminent appeal.

  • August 06, 2026

    Ga. Drops Uber Tax Appeal After State High Court Loss

    Georgia's tax agency and Uber have settled their dispute over whether the ride-hailing company was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, the Georgia Court of Appeals said in an order Thursday.

  • August 06, 2026

    NJ Panel Limits Disclosure Of Pending Police IA Files

    A New Jersey appeals court has ruled that defense attorneys in the state are not entitled to specific evidence about internal affairs investigations against police officers who are planning to testify in criminal trials.

Expert Analysis

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • 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.

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