Appellate

  • August 20, 2026

    Mich. Appeals Court Bars Hearing Testimony At Murder Retrial

    A Michigan state appeals court has ruled that testimony provided by witnesses at a hearing where a defendant argued he had ineffective counsel at his murder trial cannot be used in an upcoming new trial, even though the hearing witnesses are not available to testify again.

  • August 20, 2026

    Ticket Buyers Ask 2nd Circ. To Nix Live Nation Arbitration

    Concertgoers who purchased tickets on the secondary market are asking the Second Circuit to vacate a lower court's decision forcing them to arbitrate their antitrust claims against Live Nation and its Ticketmaster unit.

  • August 20, 2026

    Binance Can't Arbitrate Crypto-Laundering Claims After All

    A Florida federal judge on Thursday vacated a ruling that compelled arbitration for proposed class claims alleging that Binance laundered stolen cryptocurrency, after a decision came down from the Eleventh Circuit finding that the individuals who filed their actions didn't have contractual relationships with the exchange.

  • August 20, 2026

    Ga. Panel Revives Man's Suit Over Accidental Shooting

    Georgia appellate judges reinstated a personal injury suit by a man whose leg was amputated after being accidentally shot by a teenager, ruling Wednesday the defendants failed to show no other insurance coverage was available for the injuries under a commercial auto policy the teen's father had through his business. 

  • August 20, 2026

    USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

  • August 20, 2026

    Colo. Court Affirms Boulder Stormwater Fees Aren't Taxes

    Stormwater fees in Boulder, Colorado, that were used in part to repay $66 million in bonds are not taxes subject to voter approval under the state's Taxpayer Bill of Rights, an appeals court said Thursday, affirming a state district court.

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

  • August 20, 2026

    Colo. Panel Says Pretrial Meeting Didn't Affect Med Mal Trial

    A Colorado state appeals court on Thursday rejected a man's bid for a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, finding the man did not show that an ex parte meeting between defense counsel and his own surgeon affected the trial's outcome.

  • August 20, 2026

    NC Justices Asked To Limit Bar's Reach Over Former Judges

    A former state court judge has asked the North Carolina Supreme Court to review a Court of Appeals' ruling allowing the state bar to discipline ex-jurists, characterizing the decision as an "attack on an independent judiciary" and calling for the justices to resolve a question of statutory authority they left unanswered a decade ago.

  • August 20, 2026

    DOJ Pot Shift Changes LA Licensing Challenge, 9th Circ. Told

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state entrants told the Ninth Circuit that recent federal shifts on medical marijuana mean the dormant commerce clause should apply to the once-federally illicit industry.

  • August 20, 2026

    Trade Groups Back Apple In 9th Circ. Class Decert. Fight

    The U.S. Chamber of Commerce and other trade and advocacy groups backed Apple Wednesday with amicus briefs telling the Ninth Circuit to reject an appeal from consumers looking to undo the decertification of a class of roughly 200 million people in an antitrust case targeting App Store policies.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Disbarred Atty Can't Keep Alive Suit Against NJ Ethics Officials

    The Third Circuit has refused to revive a disbarred attorney's suit against two New Jersey Office of Attorney Ethics lawyers, finding a district judge who recused herself from the case did not enter any substantive orders after granting the motion to recuse.

  • August 20, 2026

    2nd Circ. Says Justices' Remand Can't Save Immigrant's Case

    The Second Circuit rejected a Chinese citizen's bid to avoid removal after he pleaded guilty to theft by deception under New Jersey law and forgery under New York law, analyzing what "conviction" means after the U.S. Supreme Court remanded the case.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Conn. Justices Let Parole Outcomes Impact Resentencing

    Judges at sentence modification hearings can consider the decisions of the state parole board as part of a broader array of evidence, the Connecticut Supreme Court ruled Thursday in turning down an appeal from an elderly convict who lost his bid for release from prison.

  • August 20, 2026

    9th Circ. Widens Arbitration Split, But Will High Court Step In?

    The Ninth Circuit issued a decision last week foreclosing the use of the legal concept that a dispute over the enforcement of an international arbitral award might be better heard elsewhere, contributing to a circuit split that could result in the U.S. Supreme Court finally addressing an issue it has previously eschewed.

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    5th Circ. Tells FDA To 'Rethink' Rule Behind E-Cig Rejection

    The Fifth Circuit on Wednesday agreed with vaping companies that the U.S. Food and Drug Administration overstepped its authority when it repeatedly blocked approval of flavored e-cigarettes without a notice-and-comment period, holding that the repeated denials constitute a rule that the agency must "rethink" or readopt properly.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    German Entrepreneur's Dad Can't Nix SEC Tab, 1st Circ. Rules

    The First Circuit on Wednesday affirmed a judgment against the father of German billionaire Michael Gastauer, saying the parent "waited too long" to object to a lower court's personal jurisdiction over him as a relief defendant in a case concerning his son's alleged participation in an international pump-and-dump scheme.

  • August 19, 2026

    2nd Circ. Revives Signature Bank Investor Suit Against Execs

    The Second Circuit on Wednesday revived a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, finding that a New York federal court was wrong to toss the case because securities fraud claims against the defunct bank do not transfer to the Federal Deposit Insurance Corp. as the banks' receiver.

  • August 19, 2026

    Abbott Deal Ends Appeal After $495M Baby Formula Trial Loss

    Abbott Laboratories Inc. has struck a deal with a family that won a $495 million judgment against the U.S. pharmaceutical company in a bellwether trial over claims that its baby formula caused a premature baby to suffer a disabling condition, after a midlevel appellate court upheld the win, according to court filings.

Expert Analysis

  • 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.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

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