Appellate

  • August 21, 2026

    Investor Keeps $6.9M Del. Award But Loses Legal Fees

    The Delaware Supreme Court on Friday upheld a roughly $6.9 million damages award to a former investor in a Philadelphia-area EB-5 investment business but overturned nearly $260,000 in attorney fees, finding the investor waited too long to argue that the fees were part of his damages.

  • August 21, 2026

    Fed. Circ. OKs Firing Of IRS Worker Flagged By Goddaughter

    The Federal Circuit affirmed the termination of an IRS employee whose goddaughter reported her to the agency for accepting compensation or gifts in exchange for preparing tax returns for others, upholding a decision by the U.S. Merit Systems Protection Board.

  • August 21, 2026

    Argentina Says DC Circ. Misread Time Bar On $391M Award

    Argentina on Thursday urged the D.C. Circuit to rethink its decision rejecting a three-year statute of limitations in a dispute over the enforcement of a $391 million arbitral award, calling the ruling an "outlier" that conflicts with Second Circuit precedent.

  • August 21, 2026

    2nd Circ. Backs NY Water Permit For Pipeline Project

    The Second Circuit on Friday upheld New York's issuance of a Clean Water Act permit for a controversial Williams Cos. pipeline upgrade, saying state environmental regulators justified their about-face from previous permit denials over pollution concerns.

  • August 21, 2026

    Meta Tells DC Circ. To Reject FTC Appeal

    Meta Platforms Inc. urged the D.C. Circuit not to revive the Federal Trade Commission's monopolization lawsuit targeting its purchases of WhatsApp and Instagram, arguing Thursday that a D.C. federal judge correctly held that in the here and now, competition from TikTok and YouTube means it "has no monopoly."

  • August 21, 2026

    Fla. Condo Group Gets Trial After Arbitration Rule Fight

    A Florida appeals court ruled Friday that a condominium association battling its contractor over work done after Hurricane Ian can get the trial it requested, after finding that its objection to an arbitration decision complied with Florida rules.

  • August 21, 2026

    NC Co. Pushes Pretrial Appeal In Veterans' Fee Fight

    A North Carolina business that helps veterans apply for federal disability benefits wants to appeal a finding that it flouted the state's Unfair and Deceptive Trade Practices Act by charging fees without accreditation, arguing there's room for differences of opinion on major aspects of the ruling.

  • August 21, 2026

    Texas Panel Cuts $45M Sandy Hook Ruling Against Alex Jones

    A Texas state appellate court Friday slashed a $45 million damages award against right-wing conspiracy theorist Alex Jones in a defamation trial brought by parents of a Sandy Hook shooting victim, saying the family did not meet the legal standard to exceed the state's damages cap.

  • August 21, 2026

    11th Circ. Ruling Could Help ERISA Suits Survive Until Trial

    The Eleventh Circuit's decision to reopen a suit from a former Royal Caribbean worker claiming 401(k) participants lost millions on underperforming target-date funds could make it easier for plaintiffs to get to trial in cases accusing companies of retirement plan investment picks that violate federal benefits law, attorneys said.

  • August 21, 2026

    11th Circ. Affirms Penalty Over $9M Easement Deduction

    The Eleventh Circuit sustained the IRS' valuation penalty against a partnership donor claiming a nearly $9 million charitable deduction on a Georgia conservation easement contribution, upholding a 2023 U.S. Tax Court decision that ruled the donor had grossly misvalued the donated property.

  • August 21, 2026

    RTX Unit Beats Gender Hiring Bias Appeal In Connecticut

    RTX Corp.'s Pratt & Whitney aircraft unit prevailed a second time Friday against a female candidate's claim that she wasn't hired because of her gender, with a Connecticut appeals court affirming gender wasn't a motivating factor and that some of the woman's arguments rested on hearsay.

  • August 21, 2026

    Hall Booth Fights Malpractice Discovery Amid Appeal

    Hall Booth Smith PC and two of its attorneys on Friday asked the North Carolina appeals court to pause a legal malpractice suit against it from the court-appointed receiver for two wrongfully convicted brothers awarded millions in an underlying suit, arguing their appeal challenging jurisdiction should be handled first.

  • August 21, 2026

    The Race Is On To Confirm Trump's Judges By Year-End

    President Donald Trump nominated 11 judges this past week, meaning 19 nominees are now in the pipeline. But how many can the Senate confirm before the end of the year, given that it will mostly be absent and consumed by the midterm election? 

  • August 21, 2026

    Fla. Attorney Fined, Referred To Bar For Unapologetic AI Use

    A Florida attorney is the latest to be sanctioned for his use of artificial intelligence, after a Florida state appeals court found Friday that his filings contained at least 46 hallucinations.

  • August 24, 2026

    CORRECTED: 3rd Circ. Rules Jury Instruction Didn't Trigger New Trial

    In a precedential ruling Friday, the Third Circuit reversed an order granting a man a new trial on drug charges, ruling that while the trial judge should not have told a deadlocked jury that jurors "have to" come up with a verdict, which eventually resulted in the defendant being found guilty, the instruction wasn't "unduly coercive." 

  • August 21, 2026

    Roberts Allows Trump To Construct Ballroom For Now

    Chief Justice John Roberts ruled Friday that President Donald Trump could temporarily continue construction of a new White House ballroom until the U.S. Supreme Court decides whether lower courts had the authority to order that work stop on the project pending congressional approval.

  • August 21, 2026

    DNA Can Prove Your Innocence — If They Let You Test It

    Since the mid-1980s, DNA testing has exonerated hundreds of wrongfully convicted people and reshaped the criminal justice system. Rodney Reed's decadeslong unsuccessful effort to test the belt prosecutors say he used to kill a woman, however, shows how difficult access to post-conviction DNA testing can be, even for prisoners with credible innocence claims.

  • August 21, 2026

    Fla. Panel Cuts Juvie Sentence Over Double Jeopardy Finding

    A Florida appeals court has ruled that a juvenile must have one of her two resisting arrest charges dropped and be resentenced accordingly, finding that double jeopardy rules bar the second charge because they both stemmed from the same incident.

  • August 21, 2026

    8th Circ. Won't Revisit Cannabis User's Gun Conviction

    The Eighth Circuit on Thursday declined to revisit its decision to preserve a man's conviction for possessing a firearm while being a user of cannabis.

  • August 21, 2026

    Colo. Supreme Court Announces Next Chief Justice

    The Colorado Supreme Court announced Friday that Justice William Hood has been selected by his fellow justices to serve as the court's next chief justice, beginning in August 2027 when current Chief Justice Monica Márquez's term concludes.

  • August 21, 2026

    US Urges High Court To Reject Tribe's $208M Water Claim

    The United States is asking the U.S. Supreme Court to reject a Nevada tribe's petition that looks to revive a $208 million breach of trust claim, saying the tribe hasn't identified a source of substantive law that the federal government violated by allegedly failing to prevent water diversion from its reservation.

  • August 21, 2026

    Gov't To Take 9th Circ.'s Bar Of Nev. US Atty To High Court

    The U.S. government asked the Ninth Circuit to stay its ruling disqualifying Nevada's top prosecutor from assuming that role without Senate confirmation, saying it plans to take the issue to the U.S. Supreme Court.

  • August 21, 2026

    4th Circ. Leaves Bulk Of $22M Wells Fargo ADA Verdict Intact

    The Fourth Circuit ruled Friday that a $22 million jury verdict in favor of a former Wells Fargo employee who said he was terminated for seeking remote work was almost $2.9 million too high, telling the ex-worker to choose between a reduced award or a new trial.

  • August 21, 2026

    9th Circ. Keeps Order To Improve ICE Site Amid Feds' Appeal

    The Trump administration must continue to address the "severe and inhumane deficiencies" a California federal court identified at an immigrant detention facility in the Mojave Desert, the Ninth Circuit has ruled, finding it unlikely to prevail in detainees' constitutional challenge.

  • August 21, 2026

    11th Circ. Won't Reopen ATF Worker's Disability Bias Suit

    The Eleventh Circuit refused to revive a lawsuit alleging the Bureau of Alcohol, Tobacco, Firearms and Explosives forced an employee with a heart condition to accept a demotion rather than let her take unpaid leave, ruling the agency wasn't required to supplement the paid time off she had available.

Expert Analysis

  • 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.

  • 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.

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