Appellate

  • July 23, 2026

    Mich. Parent Tells 6th Circ. School Limited Her Free Speech

    Counsel for a Michigan parental rights advocate told a Sixth Circuit panel on Thursday that a cease and desist letter from a Lowell Area Schools administrator barring her from contacting teachers directly violated the parent's First Amendment rights, even though the letter provided a process for Stefanie Boone to communicate through administrators.

  • July 23, 2026

    Seagate Urges Justices Not To Review NHK Antitrust Case

    Seagate Technology LLC is urging the U.S. Supreme Court not to review a Ninth Circuit decision reviving portions of its price-fixing suit against NHK Spring Co. Ltd., arguing that NHK's petition mischaracterizes how the Ninth Circuit applied the Foreign Trade and Antitrust Improvements Act.

  • July 23, 2026

    Hawaii, Green Groups Fight EPA Rebuff Of Regional Haze Plan

    Hawaii and environmental groups asked the Ninth Circuit on Wednesday to overturn a U.S. Environmental Protection Agency decision to partially reject a plan the Aloha State submitted to improve air quality in national parks that would have retired some older power plants.

  • July 23, 2026

    Colo. Panel Clarifies Worker Retaliation Claim Requirements

    The Colorado Court of Appeals held for the first time Thursday that two Colorado statutes meant to close gender pay gaps do not require workers to allege gender discrimination, partially reviving a former human services caseworker's retaliation case against the county department she had worked for.

  • July 23, 2026

    Colo. Panel Clarifies Reach Of Insurer Responsibility Law

    The Colorado Insurance Code's reference to "unfair business practices" in a statute governing insurers' responsibility for the acts of their producers is not limited to various "unfair methods of competition" and "unfair or deceptive acts or practices," a state appeals court said in a matter of first impression Thursday.

  • July 23, 2026

    Mich. High Court Says Pot Smell Not Grounds For Car Search

    Police can't search a vehicle without a warrant based only on probable cause that someone committed a civil marijuana infraction, the Michigan Supreme Court ruled Wednesday, finding that the state's interest in enforcing a minor violation doesn't outweigh a driver's Fourth Amendment rights. 

  • July 23, 2026

    Mo. Panel Says Exclusion Bars Mallinckrodt Opioid Coverage

    A Missouri appellate court upheld a win for a group of insurers on their arguments that a "your products" policy exclusion applied to bar coverage of alleged damages from drugmaker Mallinckrodt's unbranded marketing of opioid products.

  • July 23, 2026

    Ga. Panel Says Closed Courtroom For Child Testimony OK

    The Georgia Court of Appeals has ruled that a man convicted of sex crimes was given a fair trial even though the courtroom was temporarily closed while his 12-year-old victim was allowed to testify because state law requires that the identity of juvenile witnesses be protected.

  • July 23, 2026

    Pa. AG Criticizes 'Inadequate' Felony Murder Sentence Bill

    Pennsylvania Attorney General Dave Sunday has urged lawmakers to reject a proposed new sentencing framework for people convicted of second-degree murder, calling a proposal amended Thursday too lenient even as a deadline set by the state's Supreme Court draws near.

  • July 23, 2026

    6th Circ. Challenges Exoneree's Fabricated Evidence Claim

    A Sixth Circuit panel on Thursday questioned whether a Michigan man who spent more than two decades in prison before his assault convictions were vacated had done enough to revive his civil rights suit accusing Detroit police officers of fabricating and withholding evidence during the investigation that led to his arrest.

  • July 23, 2026

    Third Murder Trial Not Double Jeopardy, 3rd Circ. Says

    The Third Circuit ruled on Thursday that a Pennsylvania man is not eligible for habeas corpus relief after he was made to face trial over the same murder three separate times, because a state court previously ruled he was correctly convicted and the retrials did not violate double jeopardy rules.

  • July 23, 2026

    11th Circ. Upholds Toss Of Cuban Cigar Trafficking Suit

    The Eleventh Circuit on Thursday upheld the dismissal of a lawsuit brought against British companies accused of trafficking cigars from a factory nationalized by the Cuban government, ruling that the lower court lacked jurisdiction. 

  • July 23, 2026

    Mass. Justices Say Health Board Can't Halt Verizon Tower

    A western Massachusetts city's health board lacked the power to order a Verizon cell tower to shut down due to health concerns, the state's highest court ruled Thursday.

  • July 23, 2026

    State High Courts Issue Top 2026 Specialty Insurance Rulings

    State high courts took the lead on specialty line insurance issues in the first half of 2026, including on cyber recovery disputes and the nuances of directors and officers coverage. Law360 has a midyear look.

  • July 23, 2026

    Chemours Tells 4th Circ. To Deny Refrigerant Antitrust Suit

    DuPont spinoff The Chemours Co. FC LLC urged the Fourth Circuit not to revive an antitrust suit from a refrigerant distributor alleging it was effectively denied access to a key refrigerant, arguing Wednesday that there's nothing monopolistic about refusing to sell "on the plaintiff's own preferred terms."

  • July 23, 2026

    Lack Of Jurisdiction Dooms $273M 'Rip And Replace' Suit

    The Court of Federal Claims has tossed a complaint from a telecom that says the Federal Communications Commission wrongly denied it $273 million in "rip and replace" funds for replacing Chinese-made equipment, saying that the company's dispute belongs in federal appeals court.

  • July 23, 2026

    Ex-Client Can't Revive Brach Eichler Malpractice Suit

    A New Jersey appellate panel on Thursday affirmed a lower court ruling granting summary judgment to Brach Eichler LLC in a suit accusing the firm of legal malpractice from its work in a long-running real estate dispute.

  • July 23, 2026

    Philly Judge Says Keller Postman Slowing Zantac Litigation

    A Pennsylvania state court judge has said Keller Postman LLC's "crusade" to remove him from presiding over several matters has ground to a halt the Zantac cancer mass tort in Philadelphia, leaving the plaintiffs' cases to "languish."

  • July 23, 2026

    7th Circ. Backs Chicago's Tenant Payout Ordinance

    The Seventh Circuit held Wednesday that a Chicago ordinance requiring owners of foreclosed rental buildings to pay tenants $10,600 to help with relocation costs is not an unconstitutional taking of property, saying that state and local authorities have broad power to regulate landlord-tenant relationships.

  • July 23, 2026

    Senate Confirms 2 Judges, Advances Ohio And Colo. Picks

    The Senate on Thursday voted 48-47 to confirm Judge Daniel Traynor of the District of North Dakota to the U.S. Court of Appeals for the Eighth Circuit and 49-44 to confirm Antonio M. Pozos, a partner at Faegre Drinker Biddle & Reath LLP, as a judge for the Eastern District of Pennsylvania.

  • July 23, 2026

    9th Circ. Urged To Keep Reddit Moderator Subpoenas Alive

    A YouTube creator's production company has pressed the Ninth Circuit to reject a bid by anonymous Reddit moderators to block subpoenas seeking their identities, arguing that a federal judge properly found the company presented sufficient evidence that they facilitated alleged copyright infringement by directing people to livestreamed "watch parties" of its content.

  • July 23, 2026

    Fed. Circ. Partly Undoes Amazon Digital Photo Frame IP Win

    The Federal Circuit on Thursday refused to reboot a trio of digital picture framing patents Amazon was accused of infringing but reversed a California federal judge's finding that another patent was invalid.

  • July 23, 2026

    NJ Justices Adopt Atty Rule Barring Sex With Clients

    New Jersey attorneys will be prohibited from having sexual relationships with current clients beginning Sept. 1 under a new ethics rule that the state's highest court approved Thursday, replacing New Jersey's case-by-case approach with a bright-line prohibition.

  • July 23, 2026

    J&J's Delays Should End $25M Asbestos Appeal, Builder Says

    A western Massachusetts real estate developer has asked a Connecticut appeals court to toss Johnson & Johnson's appeal of a $25 million asbestos cancer verdict in his favor, saying the company has yet to file an opening brief despite receiving five deadline extensions.

  • July 23, 2026

    EEOC, UPenn Resolve Fight Over Jewish Workers' Info

    The University of Pennsylvania and the U.S. Equal Employment Opportunity Commission struck a deal to end their battle over a subpoena seeking contact information of Jewish UPenn employees after the agency agreed to back away from enforcing it, the parties told the Third Circuit on Thursday.

Expert Analysis

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • 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.

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