Appellate

  • June 12, 2026

    Webuild Seeks Redo, Says Award Ruling Deepens Circuit Split

    Italian construction giant Webuild pressed the Third Circuit to reconsider its decision reviving a Chilean construction company's bid to enforce a $140 million arbitral award against it, saying the decision exacerbates confusion over whether minimum contacts are required to enforce a foreign arbitral award.

  • June 12, 2026

    NY Appeals Court OKs Officials' Inspections Of Hemp Stores

    A New York intermediate appellate court has reversed a lower court's decision to grant a preliminary injunction that blocked New York City and state authorities from conducting warrantless raids against hemp stores suspected of selling unlicensed cannabis.

  • June 12, 2026

    4 Questions As Gov't Appeals Illegal Tariff Refund Suit

    The government's appeal of an order requiring immediate refunds for tariffs that were deemed illegal by the U.S. Supreme Court earlier this year is the latest obstacle for importers forced to stall investments in new products and brace for a longer wait for their refunds in response.

  • June 12, 2026

    Court Orders Murder Retrial Over Landlord-Tenant Instruction

    An Arizona appellate panel on Friday threw out the murder conviction of a woman who shot her estranged boyfriend when he forced his way into the apartment they shared, saying the trial court gave improper jury instructions that biased jurors against her defense-of-premises defense.

  • June 12, 2026

    IRS Must Revisit Whistleblower Award Denial, DC Circ. Rules

    The D.C. Circuit said Friday that the Internal Revenue Service must reconsider a whistleblower's claim that her information helped the agency collect taxes on more than $31 million in corporate income, reversing a U.S. Tax Court ruling that sided with the IRS.

  • June 12, 2026

    Wash. Justices Uphold Repeat DUI Offender Gun Ban

    A 5-4 Washington State Supreme Court majority has found that two men who were prevented from owning firearms after being repeatedly convicted of driving under the influence did not have their Second Amendment rights violated by the restriction.

  • June 12, 2026

    6th Circ. Won't Rethink Decision On Co.'s Union Snub

    The Sixth Circuit won't revisit its decision upholding a finding that a Michigan builder violated federal labor law by ceasing to recognize and refusing to bargain with an established union.

  • June 12, 2026

    9th Circ. Says Kroger Shoppers 'Obtained No Relief' For Fees

    A Ninth Circuit panel refused to revive a consumer lawsuit challenging Kroger's since-blocked purchase of Albertsons, agreeing with a district court that the deal's abandonment renders the suit moot and the consumers have no claim to attorney fees as victors in wins scored by government enforcers.

  • June 12, 2026

    Fla. Panel Orders New Look At Probation Violation Sentence

    A Florida state appeals court ruled Friday that a man given nearly 6.5 years in prison for probation violations should be resentenced after he was incorrectly denied his self-filed request for a downward departure from the sentencing guidelines.

  • June 12, 2026

    9th Circ. Judge Doubts Google Rival's 'Broad' Antitrust Suit

    A Ninth Circuit judge appeared skeptical Friday of efforts to revive allegations that Google harmed market competition for digital advertising by booting a now-defunct advertising app from its Play Store, saying Google has many rivals in the "very broad" proposed market and asking the plaintiff, "So what's the injury?"

  • June 12, 2026

    NY Appellate Court Revives Drug Sentence Reduction Bid

    A New York state appeals court has ruled that an incarcerated man should be given a second shot at reducing his drug conviction sentence, finding that even though he was also convicted of murder, the timing of the convictions allows him to request resentencing.

  • June 12, 2026

    Fla. Judge Accused Of Endorsing Violence From The Bench

    A Florida judicial panel brought an ethics complaint against a state court judge in Jacksonville over his remarks from the bench, alleging his comments appeared to endorse violence, convey bias and demean individuals during several proceedings last year. 

  • June 12, 2026

    NJ Justices Take Up Atty's Defamation Suit Against GOP

    The New Jersey Supreme Court has agreed to review a lower appellate court's decision advancing a municipal attorney's defamation lawsuit against a slate of Republican candidates and their campaign committee, a case that tests the state's anti-SLAPP law. 

  • June 12, 2026

    Salesforce Dodges Full Fed. Circ. Review Of IP Win

    Consulting firm Applications in Internet Time LLC has failed to persuade the full Federal Circuit to revive its patent infringement suit against Salesforce Inc.

  • June 12, 2026

    Texas Justices Say Pro Se Attys Can Contact Opposing Party

    The Texas Supreme Court on Friday found in favor of a pro se attorney who contacted the opposing party, saying the normal rules don't apply to attorneys who represent themselves.

  • June 12, 2026

    2nd Circ. Leery Of Amazon Worker's Caregiver Bias Suit

    The Second Circuit appeared skeptical Friday of a former Amazon employee's attempt to revive her suit claiming she was unlawfully denied schedule flexibility to care for her son, questioning whether her suit should have been brought as an accommodation dispute rather than a discrimination suit.

  • June 12, 2026

    Mass. High Court OKs Pot Repeal Question For Nov. Ballot

    Massachusetts' top court on Friday rejected a challenge to a ballot question on repealing legal recreational marijuana sales, allowing the measure to go before voters in November.

  • June 12, 2026

    Families Appeal Loss Against Lockheed Martin To 11th Circ.

    Three families who accused Lockheed Martin of causing their children's birth defects told a Florida federal court Thursday that they are appealing a May jury verdict in favor of the defense giant to the Eleventh Circuit.

  • June 11, 2026

    Fed. Circ. Won't Trade Detailed Verdicts For Efficiency

    The Federal Circuit has again faulted U.S. District Judge Rodney Gilstrap's use of jury verdict forms that collapse all infringement allegations down to checking simply "yes" or "no," a decision attorneys say complicates how to present more individualized patent information without additional trial time.

  • June 11, 2026

    Tech Group Urges High Court To Block Texas App Store Law

    The Computer & Communications Industry Association on Thursday asked the U.S. Supreme Court to vacate a recent Fifth Circuit ruling permitting Texas to move forward with a law requiring app store owners to verify users' ages, arguing the law is unconstitutional and overly burdensome for its members.

  • June 11, 2026

    Colo. Appeals Court Extends High Court Serious Injury Rule

    A Colorado state appeals court on Thursday issued a new interpretation of state Supreme Court precedent, finding an incarcerated man cannot face assault charges alleging serious bodily injury because prosecutors failed to show a corrections officer suffered such an injury, rather than just facing the risk of one.

  • June 11, 2026

    9th Circ. Fears Unknowns In Amazon's Fight With Perplexity AI

    A Ninth Circuit panelist expressed concern Thursday about potential "unintended consequences" of affirming a lower court order blocking Perplexity's artificial intelligence tool from purchasing items for users on Amazon.com, noting that Amazon's case relies on a decades-old computer fraud law passed long before the proliferation of AI.

  • June 11, 2026

    Ill. Panel Axes $7M Verdict Against Chicago Housing Authority

    An Illinois state appellate panel vacated a jury's $7 million award for a Wendy's customer who was injured by a Chicago Housing Authority security guard during a shooting pursuit, saying the agency didn't owe the customer a legal duty to ensure its security contractor was hiring sufficiently experienced guards.

  • June 11, 2026

    NY Sex Criminal Can Fight Atty's Use Of Ex-Boyfriend As Expert

    A man sentenced to 14 years to life in prison for sex crimes against children will have a hearing on his attorney's effectiveness after claiming that she hired an ex-boyfriend as an expert, failing to mention his criminal history and pending professional misconduct charges, a New York appeals court said Thursday.

  • June 11, 2026

    4th Circ. Unswayed By Groups Seeking Pipeline Work Pause

    In a pair of published opinions filed Thursday, a Fourth Circuit panel explained its late-April decision to refuse to curb construction on an interstate gas pipeline project pending review of state water quality certifications, after the judges found environmental groups were unlikely to prevail on the merits.

Expert Analysis

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • 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.

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