Appellate

  • July 31, 2026

    Michigan Justices Nix Teen's 'Cruel' 50-Year Murder Sentence

    Michigan's highest court has ruled that a 50- to 75-year sentence for a teenager convicted of second-degree murder was unconstitutionally cruel or unusual, calling the prison term "grossly disproportionate" in its latest ruling limiting severe sentences for young offenders.

  • July 31, 2026

    DC Circ. Rules Ute Tribe Can't Reclaim 1.5M Utah Acres

    A D.C. Circuit panel on Friday rejected a Utah tribe's bid to undo a lower court's ruling that said it has no compensable title to 1.5 million acres in Utah, saying the lack of that title means the oil field lands are not eligible for restoration under the Indian Reorganization Act.

  • July 31, 2026

    Trump Appeals Judge's Block Of IRS Settlement To 11th Circ.

    President Donald Trump will ask the Eleventh Circuit to overturn a Florida federal judge's order blocking a settlement deal that would have given him and others broad protection from federal tax audits and investigations, according to a notice filed Friday.

  • July 31, 2026

    Mich. High Court Tosses Murder Conviction Over DNA Test

    A man convicted of first-degree murder will receive a new trial after the Michigan Supreme Court ruled on Thursday that police violated the state constitution by testing blood on his pants without a warrant or his consent. 

  • July 31, 2026

    J&J's $25M Talc Appeal Can Advance, Conn. Panel Rules

    A Connecticut appeals court has advanced Johnson & Johnson's challenge to a $25 million talc trial judgment, denying a Massachusetts real estate developer's attempt to dismiss the appeal based on what he argued was a late-filed brief.

  • July 31, 2026

    Teck Asks Justices To Ax Wash. Tribal Cultural Loss Claims

    A Canadian mining company is asking the Supreme Court to reverse a Ninth Circuit ruling that revived Washington tribes' natural resource damages claims for alleged pollution of the Columbia River, arguing the appellate court upended an environmental cleanup statute's tradeoff between broad liability and limited remedies.

  • July 31, 2026

    Ala. Localities Can't Tax Only Railroads, 11th Circ. Says

    A federal court correctly ruled that Alabama localities could not impose sales taxes on rail carriers' diesel fuel purchases, because a corresponding state-level tax was found to be discriminatory and the authority to tax at the local level is granted by the state, the Eleventh Circuit said Friday.

  • July 31, 2026

    Corporate Settlors Can Owe Inheritance Tax, UK Tribunal Says

    The U.K.'s inheritance tax can apply to a corporate settlor of a trust when the trustees aren't domestic residents, the Upper Tribunal said Friday in a decision involving a company challenging its liability for the tax in relation to a Jersey trust.

  • July 31, 2026

    Split 3rd Circ. Says Pa. Town Wrongly Limited Jewish Worship

    A Northeast Pennsylvania town's zoning code placed unacceptable burdens on the religious exercises of an Orthodox Jewish congregation using two properties for worship, instruction and communal living, a split Third Circuit panel said in an opinion ordering the properties to be reopened.

  • July 31, 2026

    Pa. Panel Again Says 'Clickwrap' Arbitration Unenforceable

    The Pennsylvania Superior Court has reiterated that "clickwrap" arbitration agreements are unenforceable, holding in the case of an amusement park patron dissatisfied over a roller coaster closure that the inconspicuous digital disclaimers weren't enough to deny a litigant's right to a jury trial.

  • July 31, 2026

    Dad's Role In Smuggling Son Blocks Bid To Cancel Removal

    The Board of Immigration Appeals on Friday denied a Guatemalan man's efforts to stop his deportation, saying his alleged use of a smuggler to bring his child to the United States showed he was not a person of "good moral character."

  • July 31, 2026

    Fla. Tells 11th Circ. Migrant Transport Law Isn't Preempted

    Florida urged the Eleventh Circuit on Friday to reverse an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally, arguing that the law's challengers are reading the state law too broadly.

  • July 31, 2026

    UK Estate Loses Inheritance Tax Break For London Offices

    The executors of a deceased man's estate are not eligible for a 100% inheritance tax break on his London-based serviced offices because they were an investment rather than a trade, the Upper Tribunal said in a judgment.

  • July 31, 2026

    Justices Asked To Clarify Arbitrator Bias Vacatur Rule

    The U.S. Supreme Court is being asked to clarify the standards under which an arbitral award can be vacated, in a petition that seeks to nix an award favoring a nursing home issued by an arbitrator who failed to disclose a previous censure over improper campaign contributions.

  • July 31, 2026

    Insulet Urges Full Fed. Circ. To Revive $59M Trade Secret Win

    Insulin product developer Insulet Corp. has asked the full Federal Circuit to hear its arguments for reinstating a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., saying a split panel decision overturning the award reached a timeliness issue that was not mentioned by either party.

  • July 31, 2026

    Fed. Circ. Says Sapphire-Backed Watches Must Face Duties

    Imported Richard Mille luxury watches with synthetic sapphire crystal case-backs cannot qualify for duty-free treatment, the Federal Circuit affirmed.

  • July 31, 2026

    1st Circ. Says Boston Outdoor Dining Rules Not Biased

    The First Circuit rejected claims by a group of restaurant owners in Boston's Little Italy that Mayor Michelle Wu singled them out for stricter enforcement and impact fees related to outdoor dining because they are predominantly white and of Italian descent.

  • July 31, 2026

    NJ Detention Center Access, Gun Liability: A Midyear Report

    As the second half of 2026 unfolds, New Jersey courts will grapple with disputes testing the limits of state authority and examining gun-industry accountability.

  • July 30, 2026

    Minneapolis' Former Top Public Defender Gets Disbarred

    The Minnesota Supreme Court on Wednesday disbarred Hennepin County's former chief public defender after he was convicted of felony tax evasion and found to have misappropriated client funds, calling his actions "the most serious types of attorney misconduct."

  • July 30, 2026

    9th Circ. Reverses Hologenix CEO's Tortious Interference Loss

    A Ninth Circuit panel reversed a $2.5 million judgment Thursday against Hologenix CEO Seth Casden by finding a district court erred in ruling the executive is not immune from a tortious interference claim while also reversing a Lanham Act disgorgement award totaling nearly $3 million.

  • July 30, 2026

    Split 4th Circ. Says NC Vape Sale Limits Pass Preemption Test

    A divided Fourth Circuit on Thursday refused to block a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products, saying a coalition of vape retailers and manufacturers are not likely to prevail on their theory that the statute is preempted by federal law.

  • July 30, 2026

    Enbridge Loses 7th Circ. Wis. Trespass Row, Gets $5.2M Redo

    The Seventh Circuit upheld a decision holding that Enbridge Energy is trespassing on Wisconsin tribal lands, but vacated and remanded a $5.2 million restitution order and timeline for a portion of the Line 5 pipeline's removal, saying the company needs a "reasonable opportunity" to complete the proposed reroute.

  • July 30, 2026

    Valve Scores Quick Appeal In Gamer Arbitration Clause Fight

    A Seattle federal judge on Thursday granted Valve Corp.'s bid for a quick appeal of an order declining to halt antitrust arbitrations brought by hundreds of individual gamers, pausing the litigation for the video game developer to seek the Ninth Circuit's input on whether the arbitrations can proceed under its subscriber terms.  

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

Expert Analysis

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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