Appellate

  • August 12, 2026

    3rd Circ. Revives Inmate's Claim Officials Blocked Grievance

    The Third Circuit ruled Wednesday that an incarcerated man in Pennsylvania must be given a second shot at bringing claims that a prison administrator violated his constitutional rights by calling him a "snitch" for filing previous federal lawsuits against the prison.

  • August 12, 2026

    Zillow Investors Urge Justices To Reject Post-Goldman Case

    Zillow investors have asked the U.S. Supreme Court not to hear a lawsuit over the company's shuttered homebuying business, arguing that the justices should reject Zillow's request to apply a "new, stricter rule" for certifying shareholder class actions.

  • August 12, 2026

    Kalshi Uses CFTC Order To Build Case For NY Shield

    Kalshi intensified its push for the Second Circuit to shield it from a New York state lawsuit targeting its sports event contracts Wednesday, arguing a new U.S. Commodity Futures Trading Commission directive demonstrates the company's need for protection.

  • August 12, 2026

    White House Drops Appeal Over Fast-Track Immigration Rule

    The Trump administration is dropping its D.C. Circuit appeal of a lower court's order blocking sweeping Executive Office for Immigrant Review rule changes that would have fast-tracked the review of deportation orders nationwide.

  • August 12, 2026

    Mich. Panel Backs TV Station In Reporter's Sex Bias Suit

    A former WXYZ reporter lost her sex discrimination suit when a Michigan state appeals court ruled the Detroit station had legitimate reasons for paying a male reporter more and that comments about her "distracting" forehead were not direct evidence of sex bias. 

  • August 12, 2026

    9th Circ. Says Aetna Must Face Benefit Misrepresentation Suit

    The Ninth Circuit revived allegations that Aetna misrepresented how much it would pay toward a patient's $150,000 surgery, finding that federal benefits law didn't preempt a claim brought under state law because the dispute centered on the payment commitments rather than the health plan itself.

  • August 12, 2026

    Justices To Hear Ex-Fulton County DA Aide's Bias Case

    The U.S. Supreme Court has scheduled oral arguments for a former Fulton County District Attorney's Office aide's appeal seeking to revive her pregnancy discrimination claim against her employer.

  • August 12, 2026

    NJ Panel Says Parents Failed To Give Notice In Death Suit

    A New Jersey appellate panel on Wednesday affirmed the dismissal of a suit by two parents alleging that a doctor's negligence caused the death of their infant daughter shortly after birth, finding they did not provide a notice of claim once they became aware the doctor was a public employee.

  • August 12, 2026

    4th Circ. Allows Review Of Immigrant's Untimely Petition

    The Fourth Circuit on Tuesday vacated a Board of Immigration Appeals ruling denying a Salvadoran man's bids to avoid removal back to El Salvador after fleeing from MS-13, using its equitable relief powers to toll a statutory 30-day petition filing deadline.

  • August 12, 2026

    Mich. Panel Keeps Judicial Hopeful Off Hamtramck Ballot

    A disqualified Michigan judicial candidate lost his reinstatement bid after an appellate court panel upheld a state Court of Claims decision saying he is ineligible to run because he failed to satisfy a requirement that he live in the city for a minimum of 30 days prior to the filing deadline.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    1st Circ. Says NH Witness Retaliation Is No Basis For Removal

    A conviction for witness retaliation did not make a Liberian citizen living in New Hampshire removable from the U.S., a First Circuit panel ruled, overturning a Board of Immigration Appeals decision to the contrary.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 12, 2026

    1st Circ. Backs Insurer In Pregnancy Bias Judgment Coverage

    An insurer does not have to pay a tech company's $300,000 judgment in an employment action alleging a worker experienced discrimination and retaliation during her pregnancy, the First Circuit said Tuesday, ruling the company first received notice of the claim before the policy period.

  • August 12, 2026

    9th Circ. Enforces $2B Devas Satellite Award

    The Ninth Circuit on Wednesday enforced an over $2 billion arbitral award issued to a satellite communications company, ruling for the first time that the legal concept that a dispute might be better heard elsewhere does not apply in cases seeking to enforce international arbitral awards.

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    US Fights Ayahuasca Church's $240K Fee Bid As Excessive

    The U.S. government is slamming as "exorbitant" a Phoenix church's request for $240,000 in fees — a sum racked up while the church was arguing for a $2 million attorney payout — arguing that the litigation was unnecessary because the church could have secured the right to use the psychoactive beverage ayahuasca in religious ceremonies via an administrative process.

  • August 11, 2026

    Abbott, Mead Must Face Baby Formula Retrial, Mo. Panel Says

    A Missouri appeals court on Tuesday affirmed a new trial order in a suit accusing Abbott Laboratories and Mead Johnson of selling baby formula that causes a serious condition in preterm infants, agreeing with the trial court that the verdict was not supported by the evidence.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    Red States Back DA's Office In High Court Bias Carveout Fight

    A group of mostly Republican state attorneys general backed a Georgia prosecutor's office, urging the U.S. Supreme Court to reject a former aide's argument she wasn't covered by a Title VII exemption for the personal staff of elected officials.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

Expert Analysis

  • NY Defamation Carveout Hinges On Causation, Not Labels

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    A New York federal court's decisions in two cases involving tortious interference claims, and the recent Second Circuit ruling in Satanic Temple v. Newsweek Digital, highlight that the dispositive question for alleged defamation is whether injury flows through reputation or through direct interference with a relationship, says attorney Andrea Natale.

  • The Hidden Settlement Problem In Complex Securities Cases

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    The Second Circuit's recent decision in Knapp v. Barclays is a reminder that in securities cases with complex corporate records, the tracing picture is rarely as settled as the complaint suggests, and that conversations in the early stages require everyone to work from the same underlying facts, says Peter Kamminga at JAMS.

  • Key Tips For Patenting Antibody-Drug Conjugate Inventions

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    Recent decisions highlight the significant challenges that can arise when patenting antibody-drug conjugates, which require strategic considerations for satisfying heightened written description and enablement requirements, says Xiaoban Xin at FisherBroyles.

  • Series

    Power To The Paralegals: Burnout As A Structural Problem

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    Law firm leadership can best retain their paralegals not by encouraging self-care, but by seeking top-down structural solutions for the quiet proliferation of responsibilities and the vicarious exposure to client trauma that particularly drive burnout in this vital role, says Erika Sneeringer at Brockstedt Mandalas.

  • Managing Post-IEEPA Tariff Refunds, Replacements And Risks

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    Companies and investors reeling from the rapid changes resulting from February's U.S. Supreme Court ruling that the International Emergency Economic Powers Act doesn't authorize tariffs should focus on understanding the duty refund process, the likely replacement tariffs and the operational ways they can minimize their tariff exposure, say attorneys at Debevoise.

  • 11th Circ. Ruling Reflects Shift In Digital Consent Frameworks

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    The Eleventh Circuit's recent decision in Tejon v. Zeus Networks that a browsewrap terms-of-service hyperlink was insufficiently conspicuous to bind a consumer to an arbitration agreement could accelerate a broader industry shift to clickwrap as the baseline for enforceable digital consent, say attorneys at Sheppard.

  • Class Actions At The Circuit Courts: June Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses five recent rulings from cases involving allegations of internet data misuse, consumer fraud claims, immigration, insurance and First Amendment violation claims.

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

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