Appellate

  • July 21, 2026

    Guam Group Says Air Force Can't Skip Review Of Detonations

    A nonprofit in Guam asked the U.S. Supreme Court to affirm a ruling that the U.S. Air Force shirked environmental review duties when it applied to renew a permit to detonate expired munitions, as well as reject the agency's attempts to avoid them.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    Minn. County Urges State Justices Review School Tax Break

    A Minnesota childcare center that missed a filing deadline related to a property tax exemption for educational institutions should not have been allowed to appeal the matter to the state tax court, a county told the state Supreme Court, urging it to review the case.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

  • July 20, 2026

    4th Circ. Upholds Conviction Despite Closed Court Testimony

    The Fourth Circuit on Monday ruled that a North Carolina man was given a fair trial even though the courtroom was temporarily closed after a witness believed someone in the audience was trying to intimidate them.

  • July 20, 2026

    10th Circ. Backs Debt Collector In FCRA Identity Theft Dispute

    A Georgia-based debt collection company does not have to face a $500,000 jury verdict that it failed to reasonably investigate a disputed debt involving identity theft, the Tenth Circuit ruled Monday, joining other circuits in holding that it's up to the consumer to show the underlying information was incorrect.

  • July 20, 2026

    Filing Delay Dooms Mother's Traffic Stop Suit, 6th Circ. Finds

    A split Sixth Circuit panel has dismissed a woman's civil rights lawsuit alleging a Nashville police officer illegally arrested her and lied that she led him on a car chase with her son in the car, finding she waited too long to sue even though prosecutors withheld dispatch recordings that supported her story for years.

  • July 20, 2026

    DOJ Hints Russian Court Ruling May Not Stop $5B Award

    The Trump administration on Monday urged the D.C. Circuit to closely evaluate a Russian court's determination that an underlying arbitration agreement is invalid as it weighs whether to enforce a nearly $5 billion arbitral award against the Kremlin, saying circumstances surrounding the ruling should be a factor.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    9th Circ. Says Age-Based Groups Are Immutable In Asylum Bid

    The Ninth Circuit Monday revived the asylum bid of a Mexican mother and her children who escaped masked men, saying an immigration appeals panel disobeyed its own precedent when rejecting an age-based social group she based her petition on.

  • July 20, 2026

    Scientist Seeks To Enforce Journalist's 2024 Contempt Order

    Yanping Chen, a scientist who accused an FBI agent of leaking her confidential immigration records to former Fox News correspondent Catherine Herridge, is asking a D.C. federal judge to finally enforce a yearsold contempt order against Herridge now that the appeals process has run its course.

  • July 20, 2026

    Denver Strip Club Says Officer's Suit Taints Labor Appeal

    A Denver strip club Friday asked a state court judge to prohibit a Denver Labor hearing officer from presiding over its appeal challenging $14 million in fines stemming from wage theft allegations, claiming the hearing officer is biased and didn't fully disclose her professional relationship with the Denver Labor director who hired her.

  • July 20, 2026

    7th Circ. Backs Printing Co. In $265M ESOP Sale Fight

    The Seventh Circuit won't revive a lawsuit claiming a printing company's directors and employee stock ownership plan trustee illegally undersold the business into private equity for $265 million, saying a lower court made no clear errors in throwing out the case.

  • July 20, 2026

    Mass. Panel Says Competing Atty Fee Awards Can't Be Offset

    Massachusetts' intermediate-level appeals court Monday determined that a housing court was wrong to offset attorney fees awarded to a landlord against fees granted to the tenant on the other side of a housing dispute, finding the awards should be entered as separate judgments to preserve the lawyers' rights.

  • July 20, 2026

    NJ Justices Call Land Swap An Abuse Of Eminent Domain

    The New Jersey Supreme Court ruled unanimously Monday that a municipality violated state law and constitutional limits when it condemned two privately owned parcels of land to trade them to a developer, holding that the town never intended to put the seized properties to public use.

  • July 20, 2026

    4th Circ. Remands Models' Image-Misuse Coverage Fight

    An insurance company's coverage dispute with a Virginia Beach restaurant accused by a group of models of misappropriating their images was sent back to the district court Monday by the Fourth Circuit to determine if the lawsuit became moot when the restaurant settled with the models.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Wis. Village Can't Void Tribal Land Trust Order, 7th Circ. Told

    The U.S. Department of the Interior is asking the Seventh Circuit to reject a Wisconsin village's appeal that seeks to undo the agency's decision to place 500 acres into trust for the Oneida Nation, arguing that the municipality can't overcome Congress' power to regulate Indian affairs.

  • July 20, 2026

    Insurers Seek Clarity On Arbitration Estoppel Rules

    Another group of insurers is pressing the U.S. Supreme Court to resolve whether state or federal law applies when deciding whether a nonsignatory to an international arbitration agreement can force arbitration of a property damage coverage dispute, an issue they say is "of national and international importance."

  • July 20, 2026

    Grocery Chain To Shell Out $225K To Settle 401(k) Fee Suit

    A supermarket chain agreed to pay $225,000 to settle a proposed class action claiming the company allowed its 401(k) plan to be weighed down by excessive fees, according to a motion filed in New York federal court Monday.

  • July 20, 2026

    Ga. Appellate Court Affirms Contempt Order Against Atty

    The Georgia Court of Appeals affirmed a state court's decision to hold a Georgia attorney in contempt of court for a late appearance at a hearing for his client's criminal case, rejecting the attorney's claims that he wasn't given due process and was discriminated against because he's Black.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • 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.

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