Appellate

  • August 11, 2026

    FTC Tells DC Circ. No Harm From Dropped NewsGuard Probe

    The Federal Trade Commission told the D.C. Circuit that NewsGuard has not shown irreparable harm from a subpoena that was later withdrawn, or from the terms of a merger settlement, in a case accusing the commission of retaliating against the news rating group.

  • August 11, 2026

    DOJ Drops 3rd Circ. Bid For Pa. Hospital Trans Patient Info

    The U.S. Department of Justice has dropped its request for the Third Circuit to review a district court's order quashing its demand for records on patients who received gender-affirming care at a University of Pittsburgh Medical Center children's hospital, effectively ending its subpoena fight in the district.

  • August 11, 2026

    NC Wants A Retrial In Killing Of NBA Star's Grandfather

    State prosecutors told a North Carolina Court of Appeals panel during arguments on Tuesday that a trial court judge overstepped by vacating the convictions of four men found guilty as teenagers of murdering NBA star Chris Paul's grandfather in 2002, saying the only remedy was to order a new trial.

  • August 11, 2026

    8th Circ. Says Rape Kit Victim Can't Sue Over Delay

    The Eighth Circuit has ruled that a Minnesota woman lacks standing to sue a police department that failed to test her rape kit evidence for over 16 years, because police decisions on how or whether to investigate a crime are discretionary functions.

  • August 11, 2026

    Ga. Justices Call For Balancing Privacy Rights In Herpes Suit

    Georgia's top court ruled Tuesday that the privacy rights of a man accused of giving his ex-girlfriend genital herpes must be balanced against her interest in obtaining medical records to support her claims, resolving what the justices called a novel question.

  • August 11, 2026

    Viks Ask Conn. Justices To End Deutsche Bank's 2nd Lawsuit

    Alexander Vik and his daughter have asked the Connecticut Supreme Court to spare them from a revived Deutsche Bank AG lawsuit that claims they disrupted a Norwegian software company's share sale designed to partially satisfy a $243 million English court judgment, arguing a lower appeals court ruling was flawed.

  • August 11, 2026

    Fed. Circ. Says Floor Importers Forfeited Duty Rate Appeal

    Importers forfeited arguments in an appeal to the U.S. Court of International Trade's ruling that sustained revised antidumping duties on Chinese wood flooring, according to an opinion in favor of the U.S. government published Tuesday.

  • August 11, 2026

    4th Circ. Says Late Notice Bars $5.1M Fatal Crash Coverage

    The Fourth Circuit said an insurer owes no defense or coverage for a $5.1 million default judgment against a truck driver in a wrongful death case, finding the insurer wasn't timely notified of the underlying suit and a federally mandated policy endorsement for motor carriers doesn't extend to the driver.

  • August 11, 2026

    10th Circ. Revives Pizza Driver's Minimum Wage Suit

    A pizza delivery driver who alleged his employer failed to cover his vehicle expenses has won a second chance at his minimum wage claims after the Tenth Circuit ruled Tuesday that the district court made a fundamental error by deciding a merits question under the guise of a standing analysis.

  • August 11, 2026

    Netflix Presses 10th Circ. To Leave 'Tiger King' Ruling Intact

    Netflix Inc. has urged the Tenth Circuit to reject a bid to revisit its ruling that the streaming giant made fair use of a 66-second funeral clip in its "Tiger King" docuseries, arguing the panel faithfully applied U.S. Supreme Court precedent and did not create special fair use protection for documentaries.

  • August 11, 2026

    Ohio Justices Advance Possible Ashville Data Center Vote

    An emergency resolution the village of Ashville passed to support a data center project failed to spell out any actual emergency justification for the measure, the Ohio Supreme Court ruled, clearing a path for a possible voter referendum.

  • August 11, 2026

    Ga. Justices Revive Personal Injury Suit Against City

    Georgia's justices revived a woman's trip-and-fall suit against the city of Savannah on Tuesday, saying an intermediate appellate court misapplied the test for determining whether a property owner is immune from liability under the state's Recreational Property Act and must reconsider the case.

  • August 11, 2026

    Calif. AG, Agency Say Religious Orgs. Can Face Wage Claims

    A legal doctrine that is meant to protect religious organizations' faith-based decision-making from courts does not exempt such organizations from wage and hour laws, the California attorney general and the state labor commissioner's office argued in separate briefs to the California Supreme Court.

  • August 10, 2026

    Spa Fights 9th Circ.'s 'Swinging Dicks' Order At High Court

    The Ninth Circuit's rejection of a spa's religious objections to serving transgender customers is incompatible with several major precedents, according to a U.S. Supreme Court petition filed Monday in litigation that soared in prominence when dozens of circuit judges decried a salacious dissent.

  • August 10, 2026

    Drugmakers Lose 2nd Bid To Appeal Ex-Prosecutor DQ Rebuff

    A former Connecticut prosecutor and his current firm Lowey Dannenberg PC can keep representing insurers Humana Inc. and Molina Healthcare Inc. in an antitrust lawsuit against generic-drug makers, after the judge overseeing the multidistrict litigation rejected a second attempt to appeal her denial of disqualification.

  • August 10, 2026

    9th Circ. Backs Unum Win In Worker's Long-COVID Fight

    The Ninth Circuit on Monday affirmed an insurance company's win in an ex-worker's suit alleging his long-term disability benefits stemming from his bout with long COVID were wrongfully denied, upholding a district court's decision to back the insurer's denial based on the medical evidence. 

  • August 10, 2026

    9th Circ. Won't Revisit Kids' Suit Over Trump's Energy EOs

    The full Ninth Circuit on Monday declined to rehear a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs.

  • August 10, 2026

    CREXi Can't Stay CoStar Case For Quinn Emanuel DQ Appeal

    A California federal court rejected a bid Monday from Commercial Real Estate Exchange Inc., or CREXi, for a stay in CoStar's copyright case while CREXi looks to undo the disqualification of its attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    9th Circ. Backs FDA's Denial Of Fruit-, Candy-Flavored Vapes

    The Ninth Circuit on Monday affirmed the U.S. Food and Drug Administration's denial of Drip More LLC's applications to sell candy- and fruit-flavored vapes, saying the company didn't show those flavors provide an additional benefit to adult smokers that justifies the added risks that young people will use the products.

  • August 10, 2026

    6th Circ. Says Police Chief Immune From Hemp Farmer's Suit

    A panel of the Sixth Circuit has ruled that qualified immunity shielded a small-town police chief from civil rights claims lodged by an Ohio man who had dreams of farming hemp, finding the officer had probable cause to search and impound the man's car and arrest him.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

  • August 10, 2026

    9th Circ. Backs Wash. In PacifiCorp Carbon Law Regs Fight

    A divided Ninth Circuit panel declined on Friday to reinstate PacifiCorp's claims that Washington's carbon emissions cap-and-invest program unconstitutionally increases electricity prices for its out-of-state customers, concluding that the power company has not plausibly alleged the targeted regulations discriminate against interstate commerce.

  • August 10, 2026

    Mexico Urges Justices To Take Up $47M Award Suit

    Mexico has asked the U.S. Supreme Court to take another look at the D.C. Circuit's opinion refusing to vacate a $47 million arbitral award issued to a Canadian lender, saying the justices need to establish a uniform standard to determine when a tribunal exceeded its powers.

  • August 10, 2026

    Okla. Co. Says Rig Seizure Claims Don't Need Redo

    An Oklahoma-based oil drilling company urged the U.S. Supreme Court not to disturb a D.C. Circuit ruling ordering Venezuela's state-owned oil company to face long-pending expropriation allegations, saying an underlying circuit split is too narrow to warrant the high court's attention.

Expert Analysis

  • How 9th Circ. 'Shadow Trading' Case May Affect Private Credit

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    Private credit firms should not wait for a result in the Ninth Circuit appeal in U.S. Securities and Exchange Commission v. Panuwat to address material nonpublic information exposure under existing statutes and take steps to ensure their internal policies and surveillance are ready for increased regulatory scrutiny, says Steve Brown at StarCompliance.

  • 4 Cert. Denials Keep Personal Jurisdiction Issues Percolating

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    After the U.S. Supreme Court's decisions in Ford Motor v. Montana and Mallory v. Norfolk Southern Railway expanded limits on personal jurisdiction, the justices' denials this term of four certiorari petitions suggest they are content to let jurisdiction questions brew in lower courts before weighing in, say attorneys at Hunton.

  • Class Actions At The Circuit Courts: July Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings involving wage and hour allegations, medical care for incarcerated individuals, oil and gas royalty payments, and nuisance claims.

  • Flashpoints In Focus: Employer Risk After Trans Sports Ruling

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    Following the U.S. Supreme Court's recent decision in West Virginia v. B.P.J. that allowed states to limit trans women's participation in sports, schools must carefully navigate investigations and religious accommodations, as even lawful athletics policies can lead to employment claims, say attorneys at Seyfarth.

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

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