Appellate

  • June 02, 2026

    Colo. Panel Mulls Association's Fees Bid, Lease Interpretation

    The Colorado Court of Appeals on Tuesday focused on how it should interpret portions of a long-term fishing lease between a property owners association and a Colorado ranch in the association's appeal seeking attorney fees against the ranch.

  • June 02, 2026

    Ariz. Justices Nix Murder Conviction Over Bad Verdict Form

    A divided Arizona Supreme Court has ordered a new murder trial for a man convicted of second degree murder after it found that a jury was given incorrect jury instructions on a different charge and an incorrect verdict form.

  • June 02, 2026

    Why License? 5th Circ. Weighs 'Server Test' In News App Fight

    A Fifth Circuit judge on Tuesday asked counsel for a news aggregation app why publishers would ever license their articles if the app can lawfully show readers the same content without paying as long as it's hosted on the publishers' own servers.

  • June 02, 2026

    Fed. Circ. Won't Save Farm Patents, But Reopens Fee Issue

    The Federal Circuit on Tuesday revived a company's bid for attorney fees after defeating an infringement case by AGI Suretrack over agricultural data patents, saying a lower court correctly deemed those patents invalid, but failed to explain why it didn't find the case exceptional for fee purposes.

  • June 02, 2026

    11th Circ. Affirms Ga. Concrete Bid-Rigging Conviction

    The Eleventh Circuit on Tuesday affirmed a manager's conviction for conspiring to rig bids and fix prices for tens of millions of dollars in ready-mix concrete contracts in Georgia, after finding enough evidence of his participation in the scheme.

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    LA Says DOJ's Pot Shift Can't Sway Dormant Commerce Case

    Los Angeles urged the Ninth Circuit on Monday to dispose of a dormant commerce clause challenge to the city's cannabis licensure program, saying the federal rescheduling of medical marijuana should not influence the case.

  • June 02, 2026

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

    A Ninth Circuit panel refused Tuesday to revive 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, concluding the plaintiffs "can only speculate" that the orders will trigger agency decisions that ultimately intensify climate change.

  • June 02, 2026

    11th Circ. Raises Practicality Questions About Fla. Drag Law

    The full Eleventh Circuit grappled Tuesday with how a Florida law that criminalizes admitting minors to "adult live performances" like drag shows would square with the free speech rights, pressing the state on how to discern what's appropriate for patrons of different ages.

  • June 02, 2026

    US Pushes To Keep Trump Tariffs In Effect During Appeal

    The Federal Circuit should maintain a pause on a lower court's order blocking President Donald Trump's temporary global tariffs with respect to Washington state and two businesses, the U.S. argued, saying the merits "lopsidedly" favor a stay during the government's appeal.

  • June 02, 2026

    Tribe Waived Immunity In Casino Land Fight, NC Panel Told

    The Catawba Indian Nation can't assert blanket immunity from a development company's suit claiming the tribe "ran wild" with the access it received to privately owned land surrounding the tribe's planned casino in North Carolina, the company told a state appellate panel Tuesday.

  • June 02, 2026

    Mass. Justices Allow Trooper Body Cam Evidence In DUI Case

    A man arrested for drunken driving cannot have a state trooper's body cam footage of him excluded from evidence, Massachusetts' highest court ruled Tuesday, finding that although he may not have been aware that he was being recorded, there was ample notice and police were not breaking the law.

  • June 02, 2026

    6th Circ. Weighs Mich. City's Pride Flag Policy

    A panel of the Sixth Circuit on Tuesday wrestled with whether a Detroit-area city's decision to bar rainbow Pride flags from its flagpoles while continuing to fly flags representing countries tied to residents' national origins was a lawful expression of government speech. 

  • June 02, 2026

    DOJ Won't Move Forward With $1.8B Fund, Blanche Confirms

    Acting Attorney General Todd Blanche told lawmakers Tuesday, "we're not moving forward" with the controversial $1.8 billion settlement fund.

  • June 02, 2026

    Hemp Cos. Say DEA Overreached By Criminalizing HHC

    Two hemp companies are challenging a recent U.S. Drug Enforcement Administration rule that designated a hemp-derived psychoactive compound as a Schedule I substance, saying the agency's move was an unlawful overreach that contradicts Congress' legalization of hemp.

  • June 02, 2026

    Fox Rothschild Atty Censured Over $2.7M In Unapproved Fees

    A New Jersey-based bankruptcy partner at Fox Rothschild LLP has been censured by the Supreme Court of New Jersey after she was found to have wrongfully disbursed over $2.7 million in fees to her former firms without approval.

  • June 02, 2026

    Marketing Data Exec Can't Appeal Sanctions, 8th Circ. Says

    The Eighth Circuit has held that the owner of a marketing data firm cannot appeal a civil contempt order and sanctions against him for failing to answer a copyright lawsuit since the order was not an appealable final decision.

  • June 02, 2026

    7th Circ. Fines Deported Migrant's Atty For ChatGPT Misuse

    The Seventh Circuit has rejected a Mexican citizen's petition challenging an immigration court's removal order on the merits, while sanctioning his attorney $5,000 for filing two legal briefs "riddled with" fabricated quotes and case citations hallucinated by ChatGPT.

  • June 02, 2026

    11th Circ. May Lower Bar For Getting ERISA Claims To Court

    Several Eleventh Circuit judges voiced support during en banc arguments Tuesday for overturning precedent backing the appellate court's exhaustion requirement for federal benefits claims, signaling the potential reinstatement of a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • June 02, 2026

    10th Circ. Says Salvadoran Was Too Late To Reopen Case

    A Salvadoran national who previously lost his bid to avoid removal was too late in seeking to reopen his case before an immigration appeals board, the Tenth Circuit has ruled, rejecting his arguments over why his motion should still be deemed timely.

  • June 02, 2026

    10th Circ. Backs Toyota's Win In RAV4 Defect Suit

    The Tenth Circuit affirmed Toyota Motor Corp.'s trial win in a Colorado product liability suit over a RAV4 crash that left a passenger with a severe brain injury, saying the passenger could not challenge the jury's verdict because he failed to make the required trial and posttrial motions.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

Expert Analysis

  • 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.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

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