Appellate

  • August 10, 2026

    3rd Circ. Shuts Down Driver's CBS, Teamsters Retaliation Suit

    The Third Circuit declined Monday to reinstate a driver's suit claiming he was blocked from working on CBS film sets out of age bias and for complaining that Teamsters leaders were handing jobs to their friends, ruling that his case fell apart because the union didn't make hiring decisions.

  • August 10, 2026

    Biz Owners Appeal Morgan Lewis Win In Tax Shelter Suit

    A pair of business owners asked the Florida Supreme Court to reverse a decision affirming judgment in favor of Morgan Lewis & Bockius LLP in a dispute over whether the law firm had routed income through illegal tax shelters.

  • August 10, 2026

    ND Says High Court Ruling Sinks Tribes' VRA Claims

    North Dakota Secretary of State Michael Howe is asking for a judgment on the pleadings on two tribal nations' challenge to the state's 2021 legislative map following a U.S. Supreme Court ruling regarding Section 2 of the Voting Rights Act, saying it's "manifestly obvious" that there's no longer a viable claim.

  • August 10, 2026

    Electrolux Seeks DC Circ. Review Of IAM Pension's $32M Win

    Appliance manufacturer Electrolux is turning to the D.C. Circuit to challenge a $32 million arbitration award in favor of an International Association of Machinists pension fund after a trial court upheld the award last month over the company's objections.

  • August 07, 2026

    Senate Confirms Todd Blanche To Be AG

    The U.S. Senate voted 50-49 in the early hours of Saturday to confirm acting Attorney General Todd Blanche to the permanent position.

  • August 07, 2026

    1st Circ. Agrees Feds Can't Block Climate, Infrastructure Funds

    The First Circuit on Friday endorsed a Rhode Island federal court's decision requiring the Trump administration to unfreeze congressionally approved funding for infrastructure, agriculture, climate and other initiatives, saying conservation nonprofits are likely to succeed on their claim that the funding cuts were unlawful.

  • August 07, 2026

    7th Circ. Upholds Samsung Win In Biometric Privacy Suit

    The Seventh Circuit on Friday declined to disturb a lower court's dismissal of a proposed biometric privacy class action from Samsung phone and tablet users, ruling the users hadn't plausibly alleged that Samsung has their data.

  • August 07, 2026

    3rd Circ. Says Pharma Co. Suit Against Merck Belongs In India

    The Third Circuit has ruled that a dispute between Merck and a defunct Indian pharmaceutical company over a terminated relationship belongs in India.

  • August 07, 2026

    Trump Needs Congress' OK To Build Ballroom, DC Circ. Says

    A split D.C. Circuit on Friday backed a district judge's block on President Donald Trump's construction of a new White House ballroom, saying Congress had not "ceded unfettered authority to the executive branch to dramatically redesign, reshape and reconstruct the White House — the People's House — to fit a particular president's desires."

  • August 07, 2026

    FCC Demanded Fine In Misleading Way, AT&T Tells 5th Circ.

    AT&T is hoping to convince the Fifth Circuit to help it get back the $57 million it paid the Federal Communications Commission for selling off people's location data, despite a U.S. Supreme Court ruling that the agency had the right to issue the fine, by arguing it was tricked into paying.

  • 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.

Expert Analysis

  • 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.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

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