Appellate

  • August 03, 2026

    NJ Panel Affirms Ex-Cop's Conviction In Husband's Killing

    A New Jersey appellate panel on Monday upheld the aggravated manslaughter conviction of a former police officer who fatally shot his husband, finding that any errors related to testimony about alcohol and firearms or jury instructions did not deprive him of a fair trial.

  • August 03, 2026

    7th Circ. Backs OB-GYN's 10-Year Healthcare Fraud Sentence

    The Seventh Circuit has upheld a 10-year prison sentence for a former obstetrician-gynecologist over a multimillion-dollar healthcare fraud scheme, saying the district judge made no clear error in applying an enhancement to her sentence for performing invasive and medically unnecessary procedures on patients without their informed consent.

  • August 03, 2026

    NJ Court Orders New Trial Over Testimony Playback Rule

    A New Jersey appeals court on Monday ordered a new trial for a man convicted of driving on a suspended license, ruling that a jury was incorrectly instructed that to replay portions of a witness's testimony, the jury would need to take a unanimous vote to rehear the evidence.

  • August 03, 2026

    9th Circ. Won't Revive Google Rival's Antitrust Suit

    A panel of the Ninth Circuit has refused to reinstate an ad tech company's allegations that Google harmed market competition for digital advertising by removing a now-defunct advertising app from its Play Store.

  • August 03, 2026

    Jury Clears DoorDash In Data IP Case After Other Suits Settle

    A federal jury in the Eastern District of Texas has found that DoorDash did not infringe a data management patent owned by Fall Line Patents, handing a loss to the company that has reached settlements in several other suits against fast food companies.

  • August 03, 2026

    Legal Questions Michigan Is Still Facing In 2026

    Michigan's legal sector can expect answers on several burning legal questions in the remainder of 2026, with major litigation over the Flint water crisis nearing an end, and the state's enforcement push against prediction market purveyors just getting started. Some of the biggest questions, however, will be answered not in court, but at the ballot box, where Michigan Supreme Court justices are up for election and a potential constitutional convention will be put to voters.

  • August 03, 2026

    11th Circ. Affirms Conviction Of Colombian Drug Trafficker

    The Eleventh Circuit ruled Monday that the U.S. government has jurisdiction to prosecute a Colombian cocaine trafficker whose semisubmersible was intercepted in international waters because the U.S. Constitution allows Congress to write laws "reasonably adapted" to a constitutionally permitted end, like ending drug trafficking on the high seas.

  • August 03, 2026

    10th Circ. Revives Clean Air Act Suit Against Suncor

    The Tenth Circuit reversed the dismissal of a Clean Air Act lawsuit from several environmental justice groups against Suncor Energy, finding Monday that a lower court incorrectly ruled that the groups' claims were barred because of civil actions against the company in Texas.

  • August 03, 2026

    10th Circ. Denies Challenge To SEC's AML Enforcement Power

    The Tenth Circuit on Friday upheld the dismissal of Scottsdale Capital Advisors' lawsuit accusing the U.S. Securities and Exchange Commission of unlawfully enforcing federal anti-money laundering reporting requirements against its affiliate, determining that the enforcement action could not be challenged under the Administrative Procedure Act.

  • August 03, 2026

    Full 6th Circ. To Rethink FCC's Data Breach Victory

    The full Sixth Circuit will rehear a panel decision upholding the Federal Communications Commission's expanded data breach notification rules for telecommunications carriers, throwing the legality of the rules back up in the air after much protest about the original decision.

  • August 03, 2026

    Fla. Panel Finds State Immune In Exchange Student Death Suit

    A Florida appeals panel has thrown out claims from the estate of a German exchange student against state agencies in a suit over her death, finding that the claims concern discretionary policy decisions for which the state is immune.

  • August 03, 2026

    5th Circ. Blocks Challenge To Gun Prohibition Signage Rules

    The Fifth Circuit has thrown out a suit from a Unitarian church and a coffee shop challenging Texas law that requires specific signage to bar licensed gun owners from bringing their firearms inside, saying they've failed to show any injury, or how the court could redress an injury.

  • August 03, 2026

    Pa. Justices Won't Extend Expired Sentencing Bill Deadline

    Time is up for Pennsylvania lawmakers to develop new sentencing guidelines for second-degree murder, the state Supreme Court effectively said in an order refusing to extend the deadline for the Legislature to craft new minimums, maximums and parole rules.

  • August 03, 2026

    NJ Justices Say Insanity Defense Requires Expert Testimony

    New Jersey's highest court ruled Monday that to raise an insanity or diminished mental capacity defense, a defendant must present testimony from a medical expert that their mental condition caused them to violate the law.

  • August 03, 2026

    Fed. Circ. Rejects Amazon Efforts To Halt Patent Suit In Texas

    The Federal Circuit on Monday said it wouldn't force a Texas federal court to pause a suit accusing Amazon of infringing a pair of Headwater Research LLC patents while a similar suit against Google plays out.

  • August 03, 2026

    Mich. High Court Revives Diminished Capacity Defense

    The Michigan Supreme Court has revived the diminished capacity defense in criminal cases, overruling a 25-year-old precedent that barred defendants from using evidence of mental illness short of legal insanity to challenge whether they acted with the intent required for a crime.

  • August 03, 2026

    How State SG Offices Became A Judicial Pipeline

    The rapid growth of Missouri's solicitor general's office illustrates the import of top state appellate roles, which offer young lawyers a chance to gain courtroom experience they might never acquire in BigLaw. The gig is also, for young conservatives especially, one of the fastest paths to the federal bench.

  • August 03, 2026

    NJ Panel Revives Bank's Greenbaum Rowe Malpractice Suit

    First Bank's legal malpractice suit against Greenbaum Rowe Smith & Davis LLP over a botched loan for a Lexus dealership was revived by a Garden State appeals court Monday, with the panel ruling that the trial court should not have barred the bank's expert report.

  • August 03, 2026

    Fed. Circ. Revives Communications Patent Suit Against Apple

    The Federal Circuit on Monday reinstated a lawsuit accusing Apple of infringing a series of secure communications patents, faulting the way the lower court interpreted certain key terminology in the patents.

  • August 03, 2026

    Fla. Judge Faces Hearing Over Political Donation Penalty

    A Florida state court judge was unable to reach an agreement over how she will be sanctioned for violating a rule regarding political donations, so her disciplinary case will be sent back for a hearing before the state's Judicial Qualifications Commission.

  • August 03, 2026

    Bermuda Firm Owes UK Tax In £41M Dispute, Tribunal Rules

    A Bermuda-based investment firm was a U.K. tax resident for several years and therefore may be liable for over £40.5 million ($54.3 million) in corporate tax because its beneficiary had effective control, a London tribunal ruled.

  • August 03, 2026

    Trump, Copyright Chief Spar Over Justices' Removal Rulings

    The Trump administration and U.S. Copyright Office leader Shira Perlmutter have each told a D.C. federal judge that U.S. Supreme Court rulings in June regarding presidential removal power bolster their side in the fight over her firing, with Perlmutter saying they leave intact her statutory challenge and the government saying they confirm President Donald Trump's authority to oust her.

  • August 03, 2026

    Libertarian Group Backs Farm In DOL In-House Court Fight

    A libertarian public interest law firm urged the U.S. Supreme Court Monday to rule against the Labor Department's authority to adjudicate civil penalties against agricultural employers in house, arguing that Congress never authorized the agency's enforcement scheme under the H-2A guest worker program.

  • August 03, 2026

    Conn. Justices Order Education For Atty Who Missed AI Flubs

    The Connecticut Supreme Court has ordered a GLG Law LLC attorney to complete continuing education after finding that seven errors in filings caused by ChatGPT stemmed from negligence in the use of new technology, not from an intentional attempt to deceive or mislead the court.

  • August 03, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court last week tackled disputes involving merger litigation, insider trading allegations, books and records demands, advancement proceedings, fiduciary duties, public benefit corporations and more.

Expert Analysis

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

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