Appellate

  • May 04, 2026

    Nexstar Tells Justices DirecTV Fee Case Creates Circuit Split

    Nexstar is not pleased with the Second Circuit's decision to revive DirecTV's antitrust suit accusing the broadcasting giant of trying to fix the price of retransmission fees, and it's hoping the U.S. Supreme Court will step in and overturn the ruling.

  • May 04, 2026

    OkCaller Tells 11th Circ. Its Google Suit Wasn't 'Incoherent'

    OkCaller.com is asking the Eleventh Circuit to revive its lawsuit accusing Google of monopolizing the market for search engine services, arguing that the lower court was wrong to adopt Google's "straw man" and treat the reverse phone number lookup website's argument as "incoherent."

  • May 04, 2026

    6th Circ. Sets Standard For NLRB Injunctions In Hospital Case

    Federal judges shouldn't issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer's snub of the union will cause harm, a split Sixth Circuit panel has decided, dissolving an injunction against a Michigan hospital and creating a circuit split on the question of when such injunctions are appropriate.

  • May 04, 2026

    FTC Swears Off Media Matters' Boycott Probe, Forever

    Media Matters for America announced a "legally binding settlement" Monday resolving its retaliation claims against the Federal Trade Commission, securing a promise by the agency "to forgo ever reissuing or issuing a substantially similar" administrative subpoena to the left-leaning watchdog in the search for censorship of conservatives.

  • May 04, 2026

    Calif. Tribes Back Stay In Kalshi Case Before 9th Circ. Rules

    Three California tribes have asked a federal judge to stay their litigation seeking to stop prediction market platforms from conducting what they say is illegal gambling on their lands, saying they can wait until the Ninth Circuit rules on their appeal challenging a denied preliminary injunction.

  • May 04, 2026

    OCC Pushes Back On Ex-Rabobank Officer's $4M Fee Bid

    The Office of the Comptroller of the Currency has told the Ninth Circuit a former Rabobank compliance officer is not entitled to $4 million in attorney fees and expenses over costs purportedly incurred during an abandoned enforcement proceeding, arguing the record "raises serious questions as to whether the request is excessive."

  • May 04, 2026

    Gas Stations Bound To Visa Swipe Fee Deal, 2nd Circ. Says

    A Second Circuit panel refused Monday to let a group of gas stations separately sue Visa and Mastercard over their swipe fees, holding the would-be plaintiffs cannot get out of a $5.6 billion antitrust settlement the credit card giants inked with merchants.

  • May 04, 2026

    Colo. Justices Back Discovery Copies For Indigent Defendants

    The Colorado Supreme Court on Monday held that lower courts can order prosecutors to provide free copies of pretrial discovery to indigent defendants who mount credible challenges to their convictions, saying it is necessary to protect the poorest defendants' due process rights.

  • May 04, 2026

    Colo. Justices Back Water Entity's Eminent Domain Rights

    The Colorado Supreme Court unanimously ruled Monday that a water activity enterprise can use eminent domain to condemn private property, ruling against a private landowner in Weld County seeking to prevent the construction of a water pipeline on its property.

  • May 04, 2026

    6th Circ. Nixes Ex-FBI Worker's Sex Harassment Suit

    A female former FBI worker's suit claiming harassment and assault by her male boss will not get a second bite at the apple, the Sixth Circuit said Monday, finding her firing wasn't connected to her sex.

  • May 04, 2026

    Justices Skip Wait To Remand Louisiana Election Map Case

    The U.S. Supreme Court agreed Monday to remand to Louisiana district court a fight over the state's election map, which the justices just deemed an "unconstitutional racial gerrymander," bypassing the typical waiting period to allow state lawmakers to draw up a new map ahead of midterms. 

  • May 04, 2026

    Mich. Justices To Hear Best Buy Arbitration Dispute Case

    The Michigan Supreme Court has ordered oral arguments on whether an employee arbitration agreement used by Best Buy Co. Inc. is enforceable, directing the parties to address how a recent precedent on adhesion contracts applies and if federal law preempts that analysis.

  • May 04, 2026

    10th Circ. Upholds CBP Officer's Conviction Sans Video

    A U.S. Customs and Border Protection officer sentenced to over 1.5 years in prison for depriving a man of his rights at a New Mexico port of entry and falsifying a report about the incident cannot have his conviction overturned, a Tenth Circuit panel said on Monday.

  • May 04, 2026

    Split 7th Circ. Refuses To Revive Kohl's Consumer Arbitration

    The Seventh Circuit has declined to revive arbitration claims against Kohl's over alleged false discounts that were nixed by the American Arbitration Association after the department store chain refused to register its arbitration agreement, a prerequisite for the claims to proceed.

  • May 04, 2026

    Md. Hospital Had Duty To Warn Of Patient's Violent Statements

    A Maryland appellate panel has said the family of a woman killed by her husband days after he was sent home from psychiatric care can move forward with their wrongful death lawsuit, finding the hospital had a duty to warn those living with the man of homicidal statements he made during his inpatient treatment.

  • May 04, 2026

    Mass. Justices Uneasy Over Judge's Handling Of ICE Incident

    Massachusetts' top court on Monday appeared concerned that a state district court judge in 2018 offered to detain a defendant sought by U.S. Immigration and Customs Enforcement agents, as the justices considered a public reprimand.

  • May 04, 2026

    Justices Urged Not To Take Up Macy's Thryv Challenge

    Macy's Inc.'s challenge to a Ninth Circuit ruling upholding a National Labor Relations Board order to reinstate strikers misstates the controlling precedent and mounts an "academic" attack on the board's heightened remedies, the operating engineers said Monday in a brief opposing U.S. Supreme Court review.

  • May 04, 2026

    Orrick Partner Jumps To Pillsbury IP Team In LA

    A longtime Orrick Herrington & Sutcliffe LLP partner has joined the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, bringing years of experience in intellectual property litigation and expertise in the Copyright Act and Digital Millennium Copyright Act.

  • May 04, 2026

    Mass. Justices Hint Tax Cut Measure Summary Is Confusing

    Massachusetts' highest court on Monday was critical of the summary for a ballot proposal to reduce the state income tax during a trio of oral arguments on voter initiatives, including separate measures to repeal recreational marijuana legalization and to eliminate one-party primary elections.

  • May 04, 2026

    Conn. Justices Scoff At Shooter's Self-Defense Claim

    The Connecticut Supreme Court on Monday upheld the murder conviction of a man who claimed prosecutors failed to disprove that he acted in self-defense, and declined the defendant's request to adopt what the justices called a "more flexible standard" for instructing a jury on lesser included offenses.

  • May 04, 2026

    Noncitizens Sue Texas Over Arrest Law After 5th Circ. Ruling

    Two noncitizens filed a proposed class action Monday in federal court seeking to block parts of Texas' migrant arrest law from taking effect, less than two weeks after the full Fifth Circuit ruled that immigrant-rights groups and a Texas county lacked standing to challenge the law.

  • May 04, 2026

    1st Circ. Skeptical Of Challenge To CDC Puppy Import Ban

    A panel of First Circuit judges on Monday seemed dubious of a challenge to a U.S. Centers for Disease Control and Prevention ban on the import of dogs younger than 6 months old, saying the agency seems to have multiple bases for the new rule.

  • May 04, 2026

    Kalshi 'Swimming Upstream' In Appeal, Mass. Justices Say

    Prediction market KalshiEX may be facing long odds in its effort to convince Massachusetts' highest court that its sports-related offerings are governed by federal commodities regulators and not subject to state gaming laws, several justices suggested Monday.

  • May 04, 2026

    4th Circ. Says Abortion Protester Doesn't Deserve Jury Trial

    An abortion protester who blocked the doors to a Columbia, South Carolina, clinic did not have the right to a jury trial because the crime, for which he was sentenced to six months in jail and fined $1,000, was not serious enough to warrant it, a Fourth Circuit panel said.

  • May 04, 2026

    2nd Circ. Bars Out-Of-State Drivers In Bimbo Bakeries OT Suit

    Out-of-state delivery drivers can't pursue their wage claims against Bimbo Bakeries in a Vermont federal court, the Second Circuit ruled Monday, finding their claims aren't tied closely enough to the company's activities in the state.

Expert Analysis

  • Justices' Med Mal Ruling May Spur Huge Shift For Litigators

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    The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.

  • Challenging Restitution Orders After Supreme Court Decision

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    The U.S. Supreme Court’s Ellingburg v. U.S. decision from last week, holding that mandatory restitution is a criminal punishment subject to the Sixth Amendment, means that all challenges to restitution are now fair game if the amount is not alleged in the indictment, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • State Of Insurance: Q4 Notes From Pennsylvania

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    Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.

  • Justices' Double Jeopardy Ruling May Limit Charge-Stacking

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    The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.

  • How 2025 Recalibrated Fair Use For The AI Era

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    Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

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