Appellate

  • July 29, 2026

    GOP Bill To Curb Judge Shopping May Have Limited Effect

    A Senate Republican has introduced legislation that he says will fix the judge shopping issue, but court observers don't think it will make much of a difference.

  • July 29, 2026

    3rd Circ. Won't Undo Jury Award In Fudge Trade Secret Case

    The ex-wife of a chocolatier lost her challenge to a jury's finding that she misappropriated his secret recipe for "Chocolate Moonshine" fudge, after the majority of a split Third Circuit on Wednesday said there was enough evidence behind the jury's conclusions.

  • July 29, 2026

    Split Pa. Panel Won't Boot Judge From Property Cases

    A Pennsylvania appellate court says an Allegheny County trial judge properly denied a real estate developer's request for her to recuse herself from a property conservatorship case and that the judge's rulings were not affected by alleged bias from family connections to separate cases.

  • July 29, 2026

    Gov. Abbott Reappoints All Judges To Texas Business Court

    Texas Gov. Greg Abbott has reappointed all 10 judges of the upstart Texas Business Court, preserving the makeup of a court that has handled a number of high-profile disputes and been touted as an incentive for companies to relocate to the Lone Star State.

  • July 30, 2026

    CORRECTED: Tipster's Info Didn't Aid IRS Audit Of Co., DC Circ. Told

    The Internal Revenue Service appropriately denied a whistleblower award to an individual alleging that a company underpaid taxes by not following transfer pricing regulations, the U.S. government told the D.C. Circuit, saying the information did not contribute to an audit of the company.

  • July 29, 2026

    Enforcers Defend Google Search Win, Seek Payment Ban

    The U.S. Department of Justice and state enforcers urged the D.C. Circuit not to disturb a trial court's ruling that found Google illegally maintained its search monopoly, while also asking the appeals court to consider banning Google from paying to be the default search engine.

  • July 29, 2026

    'Vibe Coding' Pushes Cos. To Rethink Copyright Protection

    As artificial intelligence takes on more software development projects, businesses embracing “vibe coding” are adapting to uncertain copyright protection by documenting engineers’ contributions, keeping humans involved in high-value projects and leaning more heavily on trade secrets.

  • July 29, 2026

    6th Circ. Says Littering Stop Didn't Taint Removal Case

    The Sixth Circuit upheld a removal order against a Guatemalan national who'd been stopped by a police officer after discarding a cigarette butt on the ground, rejecting his claims that he was racially profiled and that his constitutional rights were violated.

  • July 29, 2026

    LDS Church May Pursue Abuse Suit Coverage, 10th Circ. Says

    The Tenth Circuit revived the Church of Jesus Christ of Latter-day Saints' bid for coverage of costs it incurred in underlying litigation claiming it failed to protect children who were sexually abused by a church member, saying the district court should have read ambiguous policy terms in favor of coverage.

  • July 29, 2026

    Christian Song Doesn't Infringe Copyright, Ore. Judge Finds

    An Oregon federal judge has agreed with a jury's advisory verdict that a Christian music songwriter did not infringe the copyright on singer Vincent Ambrosetti's song "Emmanuel," noting Ambrosetti himself was not a reliable witness.

  • July 29, 2026

    Mass. Judge Says Roundup Suit May Survive Justices' Ruling

    A suit against Monsanto over the alleged cancer risks of the weedkiller Roundup may still be heading for trial after a Massachusetts federal judge said Wednesday that a U.S. Supreme Court ruling barring certain claims against the company doesn't necessarily doom the case.

  • July 29, 2026

    3rd Circ. Revives Atlantic City Hotel Dynamic-Pricing Suit

    A Third Circuit panel Wednesday revived a proposed class action accusing Atlantic City casino-hotels of illegally inflating room prices with software that allegedly shared private occupancy and pricing information among them.

  • July 29, 2026

    Lowe's Coverage Row, NASCAR Team Tiff: NC Midyear Report

    The North Carolina courts are teeing up for a busy second half of 2026, including readying for a multimillion-dollar insurance trial with Lowe's and speeding through discovery in a high-profile trade secrets dispute involving former NFL coach Joe Gibbs' championship NASCAR team.

  • July 28, 2026

    11th Circ. Sides With Lockheed Martin In Toxic Exposure Suits

    The Eleventh Circuit on Tuesday refused to disturb a Florida federal court's decision excluding testimony from plaintiffs' experts in a pair of suits claiming Lockheed Martin allowed toxic waste to leach into the area surrounding its Orlando facility, ruling that both experts' testimony fell short of evidentiary requirements.

  • July 28, 2026

    Trump Asks Supreme Court To Upend $83M Carroll Verdict

    President Donald Trump urged the U.S. Supreme Court Tuesday to wade in and overturn a jury's $83.3 million verdict finding he defamed writer E. Jean Carroll after she accused him of a decades-old sexual assault, pointing to the justices' decision giving presidents sweeping immunity for official acts.

  • July 28, 2026

    Randy Quaid Loses Bid To Undo $3.5M Calif. Property Ruling

    Actor Randy Quaid and his wife cannot overturn a $3.5 million judgment awarded to a California couple who bought a Santa Barbara property that once belonged to the Quaids, an appeals court ruled Tuesday, finding substantial evidence supporting claims that the Quaids' false ownership assertions damaged the property's marketability.

  • July 28, 2026

    NJ Nursing Home On Hook For Hypothermia Death Verdict

    A New Jersey appellate panel on Tuesday affirmed a $450,000 jury verdict against a nursing home accused of negligently keeping a resident's room like an "icebox," which caused her death from hypothermia, saying the verdict was supported by sufficient evidence.

  • July 28, 2026

    1st Circ. Asked To Save Mayer Brown $21M Fee Bid In RI Suit

    The American Trucking Associations told the First Circuit that its attorneys at Mayer Brown LLP reasonably justified their request for $21 million in fees and costs after securing "substantial" wins in long-running litigation over Rhode Island's truck tolling program, disputing a district court's determination that the trucking trade group wasn't actually a "prevailing party."

  • July 28, 2026

    States Back Guam Group In High Court Disposal Permit Fight

    A coalition of states has told the U.S. Supreme Court that the U.S. Air Force must comply with separate, complementary environmental laws over its permit renewal application to detonate expired munitions in Guam, arguing the laws have distinct aims.

  • July 28, 2026

    Colo. Panel Questions If Concert Easement Appeal Is Moot

    A Colorado Court of Appeals panel Tuesday largely sidestepped the underlying statutory questions in a mountain town's appeal over the dismissal of its case seeking condemnation of an easement over a concert series, instead pondering why they were being asked to rule on the appeal at all.

  • July 28, 2026

    1st Circ. Wary Of Reinstating 'Fork In The Road' Suit

    A First Circuit judge on Tuesday questioned the repercussions of a court nixing the Trump administration's deferred-resignation program more than a year after federal workers accepted the buyouts. 

  • July 28, 2026

    Climate Change Suit Must Proceed, Boulder Tells High Court

    The city and county of Boulder, Colorado, have urged the U.S. Supreme Court to let stand a Colorado Supreme Court decision allowing their climate change tort against Exxon Mobil and Suncor Energy to proceed, arguing that the justices shouldn't short-circuit the state court proceedings.

  • July 28, 2026

    Mass. Justices Affirm New Trial In '93 Murder Case

    Massachusetts' highest court ruled Tuesday that a decades-old murder conviction based on eyewitness testimony cannot stand, citing new DNA evidence and other information that called into question the reliability of a key witness.

  • July 28, 2026

    Wash. Panel Upholds DoorDash's $14.5M Insurance Penalty

    DoorDash must pay $14.5 million in taxes and penalties for failing to pay its Dashers' industrial insurance premiums each quarter from 2017 to 2019, Washington appellate judges ruled Tuesday, finding the Dashers were covered workers under state law since their personal labor was the essence of their contracts.

  • July 28, 2026

    DC Circ. Backs EPA's Pollution Review Regulation Process

    A D.C. Circuit panel sided with the U.S. Environmental Protection Agency in its fight with environmental groups challenging rules for determining whether modifications to major pollution sources trigger new review, holding Tuesday the rule is neither inconsistent with the Clean Air Act nor arbitrary and capricious.

Expert Analysis

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • 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.

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