Appellate

  • July 02, 2026

    The Firms That Won Big At The Supreme Court

    This U.S. Supreme Court term featured high-stakes oral arguments on issues including presidential power, immigration and voting regulations. Here's a look at the law firms that argued the most cases and how they fared.

  • July 02, 2026

    The Sharpest Dissents From The Supreme Court Term

    The sharpest dissents this term often involved the president, and pitted conservative and liberal justices against each other on core constitutional issues and questions about the limits to executive power, with nearly a quarter of cases being decided squarely along ideological lines.

  • July 02, 2026

    The Year Donald Trump Won Big At The High Court

    The Supreme Court's conservative supermajority and President Donald Trump largely aligned this year on issues of executive power, resulting in a series of decisions that significantly expanded presidential authority.

  • July 04, 2026

    Push And Pull: How High Court Shaped Civil Rights This Term

    The U.S. Supreme Court delivered far-reaching rulings on civil rights issues this term, dealing a major blow to federal voting-rights protections while expanding gun rights, upholding restrictions on transgender athletes' participation in women's sports and preserving birthright citizenship.

  • July 02, 2026

    9th Circ. Backs LA-Area Gas Appliance Nitrogen Oxide Ban

    The Ninth Circuit Thursday upheld a ban on the use of certain nitrogen oxide-emitting appliances in four Southern California counties, rejecting claims that the pollution control effort is preempted by federal law, as a dissenting judge contended this conclusion runs afoul of the court's own recent precedent.

  • July 02, 2026

    Fed Nears CRA Rule Repeal As FDIC, OCC Exit 5th Circ. Fight

    Federal regulators plan to take different legal approaches to completing their previously joint effort to unwind Biden-era updates to decades-old community reinvestment rules for banks, according to two filings at the Fifth Circuit.

  • July 02, 2026

    Amgen, Sanofi Team Up To Urge En Banc Antibody IP Review

    Rival pharmaceutical companies that squared off at the U.S. Supreme Court over antibody patents have jointly asked the full Federal Circuit to review an unrelated panel decision reviving migraine drug antibody patents.

  • July 02, 2026

    6th Circ. Won't Rethink NLRB Injunction Standard Shift

    The Sixth Circuit is standing by its decision to make it more difficult for National Labor Relations Board officials to win injunctions compelling employers to bargain, rejecting on Thursday an agency official's petition for a rehearing.

  • July 02, 2026

    4th Circ. Says Fired CIA Officers Must Be Allowed To Appeal

    A split Fourth Circuit panel on Thursday affirmed an order requiring the CIA and Office of the Director of National Intelligence to allow intelligence officers who were fired for their involvement with DEI and accessibility-related assignments to appeal their terminations. 

  • July 02, 2026

    Crypto Developer Urges 5th Circ. To Revive DOJ Challenge

    A cryptocurrency software developer is urging the Fifth Circuit to revive a suit seeking to shield his forthcoming project from any accusations of unlicensed money transmission, telling the appeals court that a Texas federal judge "overly discounted" similar prosecutions when it tossed his challenge for lack of standing.

  • July 02, 2026

    8th Circ. Revives Local Conversion Therapy Ban Challenge

    The Eighth Circuit revived a case Thursday challenging local ordinances passed in Kansas City and Jackson County, Missouri, that prohibited the practice of conversion therapy, as it is commonly known, with minors.

  • July 02, 2026

    7th Circ. Says Immigration Addendums Make Its Job Harder

    The Seventh Circuit criticized a practice by immigration judges in which they attach boilerplate legal citations instead of citing them in the decisions themselves, saying it makes appellate review more difficult, but declined to reject the practice.

  • July 02, 2026

    DC Circ. Told FCC Trying To 'Evade' News Distortion Scrutiny

    A media advocacy group Thursday again pushed its bid to convince the D.C. Circuit to force the Federal Communications Commission to revisit the agency's controversial news distortion policy.

  • July 02, 2026

    Pa. Justices To Hear Jarkesy-Like Appeal Of Securities Fine

    The Pennsylvania Supreme Court has agreed to hear a case challenging the constitutionality of the state's in-house securities enforcement proceedings, joining at least two other state supreme courts that have agreed to hear similar challenges since the U.S. Supreme Court handed down its Jarkesy decision that limited in-house enforcement at the U.S. Securities and Exchange Commission. 

  • July 02, 2026

    Streamer's Reaction Video Is Fair Use, Judge Finds

    A Central California federal judge has tossed a YouTube creator's copyright suit over a Twitch streamer's livestreamed reaction to a YouTube documentary, saying the commentary counted as fair use.

  • July 02, 2026

    Cox, Hikma Rulings Set Stage For Trademark Liability Fights

    After the U.S. Supreme Court narrowed paths to secondary liability in copyright and patent cases this term, trademark law stands apart with an older, potentially broader rule for when intermediaries can be held liable for another party's infringement.

  • July 02, 2026

    Fed. Circ. Rules Contractor's Eligibility Challenge Is Moot

    A Federal Circuit panel ruled Thursday that a contractor's challenge to the U.S. State Department's determination that it wasn't eligible to compete for an award to construct a new consulate in Turkey is moot, since the project was canceled.  

  • July 02, 2026

    Amicus Briefs Split On 9th Circ. Copyright Test In Tattoo Case

    Music labels, writers, photographers and copyright scholars are urging the Ninth Circuit to use the en banc rehearing in Kat Von D's Miles Davis tattoo fight to rework its substantial similarity test, though their amicus briefs are split over whether the court should discard the test entirely or refine it.

  • July 02, 2026

    Fla. High Court Slaps Fake Immigration Atty With Probation

    The Florida Supreme Court on Thursday issued a split opinion handing down a five-month term of probation and a suspended jail sentence to a Miami woman for practicing as an unlicensed immigration attorney after she admitted violating previous orders prohibiting her from the same conduct. 

  • July 02, 2026

    Fed. Circ. Wants More Analysis In Amazon Transcribing IP Suit

    The Federal Circuit on Thursday said a lower court needed to revisit a claim construction issue in an infringement case against Amazon over audio transcription patents, saying the question of whether the relevant claims were in the means-plus-function format needs a more thorough analysis.

  • July 02, 2026

    Ga. Court Revives Electrocution Suit Against Engineering Firm

    A Georgia appeals court on Thursday revived a lineman's electrocution injury suit against Burns & McDonnell Engineering Co., finding the engineering firm owed him a duty of care over its role coordinating power outage planning at a Georgia Power substation.

  • July 02, 2026

    Fed. Circ. Won't Restore Doctor's Intubation Patent Suit

    The Federal Circuit on Thursday declined to give a doctor another chance to pursue a suit against medical supplies company Teleflex Medical Inc. alleging infringement of a patent covering a laryngoscope used to intubate a patient, affirming the claim construction of a lower court.

  • July 02, 2026

    NJ Top Court Snapshot: Indemnity Provisions, Truth Defense

    Three of the most recent cases to head to the New Jersey Supreme Court will address the admission of evidence in criminal proceedings and civil issues including indemnification.

  • July 02, 2026

    Sinclair Convinces Ga. Panel To Sink Doctor's Defamation Suit

    A Georgia appellate panel sided with media conglomerate Sinclair Broadcast Group and a nurse who was interviewed about alleged forced sterilizations of U.S. Immigration and Customs Enforcement detainees, saying a trial court erred by letting a doctor's defamation suit proceed.  

  • July 02, 2026

    Paralegals Take NC Legal Advice Law Challenge To 4th Circ.

    Two paralegals and a nonprofit have asked the Fourth Circuit to revive their challenge to a North Carolina law that blocks nonlawyers from providing legal advice.

Expert Analysis

  • 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.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

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