Appellate

  • August 28, 2026

    DC Circ. Won't Revisit Threshold Issues In Spain Cases

    The D.C. Circuit on Friday denied Spain's bid to reconsider threshold issues raised in five consolidated appeals seeking to enforce arbitral awards collectively worth more than $400 million, including a question on the legal concept that a dispute might be better heard elsewhere.

  • August 28, 2026

    8th Circ. Says Alleged Parole Lies Aren't Unconstitutional

    An Eighth Circuit panel has upheld the dismissal of an Arkansas sex offender's lawsuit alleging his parole officer used a fake daycare to reject his housing plans, saying parole is not a constitutionally protected right.

  • August 28, 2026

    4th Circ. Reverses $42M Abu Ghraib Verdict Against CACI

    The Fourth Circuit on Friday reversed a $42 million jury verdict finding CACI conspired to torture Iraq War detainees, ruling on rehearing the detainees' claims must be dismissed following the U.S. Supreme Court's decision that courts can't create a private right of action under the Alien Tort Statute.

  • August 28, 2026

    Schwab Vendor Exempt From Ill. Biometric Law, 7th Circ. Says

    The Seventh Circuit agreed Friday that a vendor Charles Schwab uses to authenticate customers' voiceprints is exempt from Illinois' biometric privacy law as it refused to revive claims that the vendor illegally collected callers' data.

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    9th Circ. Rules Against Kalshi In Sports Wager Circuit Split

    The Ninth Circuit on Friday backed a Nevada federal court decision that cleared the way for the state's gambling regulators to pursue Kalshi's sports offerings, creating a circuit split in the sprawling litigation over prediction market regulation.

  • August 28, 2026

    Feds Gain Ground In Energy Permit Turf War With States

    A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

  • August 28, 2026

    Mom Not Responsible For Son's Alleged Assault, Court Finds

    A Georgia appeals court ruled Friday that a now-deceased woman was rightly freed from a woman's lawsuit accusing her son of assaulting her in his mother's home, upholding a lower court's finding that the injured party had chosen to put herself in a situation she knew was dangerous. 

  • August 28, 2026

    DOJ Cites National Security In $173M Ukraine Award Suit

    The Trump administration Thursday backed Ukraine as it fights efforts by one of Russia's largest oil companies to unpause litigation aimed at enforcing a confirmed $173 million arbitral award, pointing to Russia's increasing reputation as a "surveillance state with severely eroded rule-of-law protections."

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    Financial Firm's $1.4M Asset Hold Against Adviser Upheld

    A Connecticut appeals court Friday said a financial services firm properly secured a nearly $1.4 million asset hold against an adviser, agreeing the company showed a likelihood of proving during underlying Financial Industry Regulatory Authority arbitration that the adviser siphoned customers when transitioning to a new broker-dealer.

  • August 28, 2026

    Circuit Split Raises Stakes For Timing Of Detention Review

    An emerging circuit split on whether district courts can hear habeas claims from noncitizens who say the government wants to deport them for their political speech raises questions about how quickly they can challenge the constitutionality of their detention before an independent judge.

  • August 28, 2026

    6th Circ. Frees School Officials From Teen Suicide Suit

    The Sixth Circuit ruled in a published decision that a Michigan school resource officer and a principal who used "scared straight" tactics to discipline a student cannot be held liable for his suicide, reasoning that the grieving family didn't meet the bar for holding the public officials accountable for a noncustodial act.

  • August 28, 2026

    Fed. Circ. Backs Retailers' Win Over E-Commerce Patent Suits

    The Federal Circuit on Friday refused to reinstate litigation accusing Bath & Body Works and fashion retailer The Buckle of infringing an e-commerce patent, affirming a Texas federal district court's decision to dismiss the legal fight on two separate grounds.

  • August 28, 2026

    3rd Circ. Rejects Trump Admin's No-Bond Policy

    The Third Circuit has added to the circuit split over the Trump administration's detention without bond of unauthorized noncitizens apprehended inside the U.S., finding the policy runs afoul of the Immigration and Nationality Act and violates their due process rights.

  • August 28, 2026

    Rising Star: Weil's Robert Niles-Weed

    Robert Niles-Weed of Weil Gotshal & Manges LLP secured a unanimous U.S. Supreme Court decision in 2023 with significant ramifications for bankruptcy law and has already been named co-head of the firm's appellate practice, earning him a spot among the appellate law practitioners under age 40 honored by Law360 as Rising Stars.

  • August 28, 2026

    Trump Denied New Bid To Federalize Hush Money Prosecution

    A New York federal judge on Friday again denied President Donald Trump's bid to move his criminal hush money conviction out of state court, finding as he did earlier that a federal law defense that Trump was operating in his official capacity would be meritless.

  • August 28, 2026

    House Eyes Vote To Lock Supreme Court At 9 Justices

    The House returns from recess on Monday, and its agenda could include a vote to keep the number of U.S. Supreme Court justices at nine.

  • August 28, 2026

    Minnesota Urges Justices To Reject Foster Parents' ICWA Bid

    The Minnesota Attorney General's Office said two foster parents' challenge to the Indian Child Welfare Act is far from over, because even if they could clear a jurisdictional bar, the Supreme Court will likely remand the dispute and leave the couple's equal protection question to be litigated another day.

  • August 28, 2026

    UK Litigation Roundup: Here's What You Missed In London

    The past week in London has seen shoe brand Crocs bring an appeal against the chief executive of the U.K.'s Intellectual Property Office, singer Alanis Morissette sued by the former head of operations at Live Nation Israel and the son of convicted fraudster Guo Wengui file an appeal against the Chapter 11 trustee controlling his father's bankruptcy estate. 

  • August 28, 2026

    4 Arguments For Benefits Attys To Watch In September

    The Fifth Circuit will weigh Louisiana's bid to block telehealth access to the abortion drug mifepristone, while the Fourth Circuit will hear Lockheed Martin's challenge to a trial court decision that kept a pension de-risking suit alive. Here's a look at these and other argument sessions that should be on benefits attorneys' radar next month.

  • August 27, 2026

    5th Circ. Diverts From 9th Circ.'s Copyright Server Test

    The Fifth Circuit Thursday refused to adopt what's known as the server test, which considers where online content is stored when assessing copyright liability, although it ultimately still declined to disturb a lower court's dismissal of copyright infringement claims against news aggregator NewsBreak.

  • August 27, 2026

    PBMs Hammer Opioid Judge In Last-Ditch Gambit At 6th Circ.

    An Ohio federal judge knowingly flouted a Sixth Circuit rebuke by forcing two of the largest remaining defendants in multidistrict opioid litigation to either "settle for enormous sums or litigate for years hundreds of cases," says a Thursday petition urging the appeals court to intervene.

  • August 27, 2026

    La. Town Says 5th Circ. Insurance Decision Should Stand

    A Louisiana town is pressing the U.S. Supreme Court to pass on reviewing a Fifth Circuit decision nixing an arbitration order in a dispute with its insurers over coverage for hurricane damage, calling the case "mundane" and not worthy of the high court's attention.

  • August 27, 2026

    Meta Can't Arbitrate Deceptive Ads Suit, 7th Circ. Rules

    Meta Platforms cannot steer a media company's ad deception antitrust claims away from court and into arbitration, the Seventh Circuit ruled on Thursday, saying the case falls outside the agreement Meta is trying to enforce.

Expert Analysis

  • 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.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

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