Appellate

  • June 15, 2026

    'Skill Games' Should Be Treated Like Slots, Pa. Justices Say

    Tens of thousands of "skill games" that have proliferated around Pennsylvania should be considered slot machines and restricted to licensed and regulated gambling facilities, the state Supreme Court ruled Monday.

  • June 15, 2026

    Attys Want Up To $33M In Long-Running UBH Benefits Fight

    Attorneys for employee benefit plan participants who sued to change how United Behavioral Health processed claims for mental health and substance use disorder treatment asked a California federal court for up to $33 million in fees and expenses for their work on the "groundbreaking" case.

  • June 15, 2026

    Facebook Users Ask 9th Circ. To Fix Jury Role 'Usurpation'

    The Ninth Circuit must undo a lower court's ruling that killed an antitrust suit brought by Facebook users after the district court judge found the novel theory propping up the suit held no water, the users have said, and that Facebook's parent company cannot defend the lower court's "usurpation of the jury's role."

  • June 15, 2026

    1st Circ. Says Puerto Rico Bankruptcy Doesn't Shield Officials

    The First Circuit ruled that Puerto Rico's financial restructuring does not protect government officials from being sued in their personal capacities for alleged civil rights violations, rejecting the arguments of the territory's financial oversight board.

  • June 15, 2026

    7th Circ. Tosses ComEd CEO, Lobbyist's 'Flawed' Convictions

    The Seventh Circuit on Monday said the former Commonwealth Edison CEO and an ex-lobbyist convicted of conspiring to funnel jobs and payments to allies of ex-Illinois House Speaker Michael Madigan are entitled to a new trial, but not acquittal, after a U.S. Supreme Court ruling invalidated the legal theories behind those convictions.

  • June 15, 2026

    Kratom Interests Urge 10th Circ. To Halt Utah Ban

    A kratom drink maker is asking the Tenth Circuit to block Utah's law reining in psychoactive products derived from kratom leaf, arguing that the statute's ban on mixing kratom with any "nonkratom substance" is preempted by federal law.

  • June 15, 2026

    4th Circ. Nixes Class In Anheuser-Busch OT Suit

    The Fourth Circuit on Monday vacated an order certifying a class of Anheuser-Busch employees in a lawsuit alleging the brewing giant failed to pay the workers for pre- and post-shift work, finding that the class is currently too broad to justify certification.

  • June 15, 2026

    Funds' High Court Win Could Curb Investor Activism

    The U.S. Supreme Court's decision last week to curtail private litigation against investment funds may have little impact on active litigation, but attorneys say it cuts off an avenue investors have recently used to assert control over boards and could have ripple effects on how courts interpret federal securities laws.

  • June 15, 2026

    Trump Personal Atty In Carroll Cases Confirmed To 8th Circ.

    The Senate voted 48-43 on Monday evening to confirm Justin Smith, who represented the president in the defamation and sexual abuse cases brought by writer E. Jean Carroll, to the U.S. Court of Appeals for the Eighth Circuit.

  • June 15, 2026

    Feds End Appeal Of No-Prison Decisions In $577M Crypto Case

    The Ninth Circuit has granted federal prosecutors' request to voluntarily dismiss their appeal of no-prison sentences for an Estonian duo who pled guilty to a wire fraud conspiracy in connection with a $577 million cryptocurrency-mining Ponzi scheme.

  • June 15, 2026

    Fed. Circ. Declines To Revive Medmix's Dentistry Patent

    The Patent Trial and Appeal Board didn't err when invalidating claims of a Medmix Switzerland AG patent used in the dentistry industry, the Federal Circuit said Monday.

  • June 15, 2026

    Justice Alito Asks Texas To Respond To App Store Order Brief

    U.S. Supreme Court Justice Samuel Alito on Monday asked the Texas attorney general to respond to a bid by a tech industry group and a student advocacy group seeking to reinstate an order blocking a Texas law that requires app store owners to verify users' ages and block minors from downloading apps without parental consent.

  • June 15, 2026

    Ga. Appeals Court Reinstates Six Flags Wrongful Death Suit

    Six Flags Over Georgia must face a wrongful death action filed by the husband of a former "scare actor" who died when she fell out of a cargo van during Halloween festivities at the park, a Georgia appeals court ruled Monday.

  • June 15, 2026

    CareFirst Says Intent Standard Was Misread In Stelara Case

    CareFirst is arguing that a Virginia federal judge created a new standard for monopolization claims when he dismissed claims from the company's antitrust suit challenging Johnson & Johnson's protection of its immunosuppressive drug Stelara, arguing he misread a Fourth Circuit decision in ruling that monopolization requires a showing of specific intent.

  • June 15, 2026

    11th Circ. Backs Block On Ga. Unlimited Campaign Fund

    A split Eleventh Circuit upheld a block on Georgia campaign finance rules that allow "select incumbent officials" and some major party candidates to raise and spend unlimited funds despite limits that apply to other candidates.

  • June 15, 2026

    Mead Johnson Wins New Trial Over $60M NEC Formula Verdict

    An Illinois appellate panel has thrown out a $60 million jury verdict awarded to a mother claiming Mead Johnson's infant formula caused her premature baby to develop a fatal gut disease, saying the trial court erred in finding the company owed a duty to warn the mother and not just the infant's doctors, and allowing prejudicial evidence about Mead Johnson's profits.

  • June 15, 2026

    High Court Leaves Intact $14M Denver Protest Policing Verdict

    A Tenth Circuit ruling that upheld a $14 million jury verdict finding the city of Denver liable for its police officers' unconstitutional force against protesters during the city's 2020 Black Lives Matter protests can remain undisturbed, a U.S. Supreme Court justice said Monday.

  • June 15, 2026

    Colo. Justices OK Self-Defense Exception In At-Will Firings

    The right to self-defense applies to Colorado workers who lawfully exercise the right in response to an unprovoked attack at work even when an employer has a "don't chase or confront" policy, the Colorado Supreme Court ruled Monday.

  • June 15, 2026

    Mich. Panel Upholds Stock Redemption Order

    A Michigan state appeals court has affirmed a trial court decision that resolved a decades-long shareholder dispute between a real estate development firm and its ex-CEO by ordering the company to buy out the former executive's original $25,000 investment plus 7% interest.

  • June 15, 2026

    Tribe Moves To Drop Dakota Access Pipeline Suit In DC Circ.

    The Standing Rock Sioux Tribe is asking the D.C. Circuit to dismiss its appeal to a decision that found its efforts to shut down the Dakota Access Pipeline were premature after the U.S. Army Corps of Engineers issued a new environmental impact statement for the project last month.

  • June 15, 2026

    Alito Says Justices Should've Revived Ala. Capital Conviction

    U.S. Supreme Court Justice Samuel Alito on Monday dissented from his colleagues' refusal to review the Alabama Court of Criminal Appeals' reversal of a capital murder conviction, saying the decision ran afoul of the Supreme Court precedent on when prosecutors can comment on criminal defendants' refusal to testify in their own defense.

  • June 15, 2026

    3 Things To Know About Trump's Pick To Lead SDNY

    President Donald Trump has announced that he plans to appoint Sullivan & Cromwell LLP partner James M. McDonald to lead the Southern District of New York. Here are three things to know about him.

  • June 15, 2026

    DC Court OKs $6M Tax Bill For Merger Property Transfer

    The 2002 title transfer of a Washington, D.C., property resulting from the merger of a partnership and a limited liability company was subject to the district's real estate recordation and transfer taxes, an appeals court ruled, affirming a $6 million assessment.

  • June 15, 2026

    Latham Report On Seton Hall Sex Abuse Probe Partly Shielded

    A confidential Latham & Watkins LLP report prepared for Seton Hall University concerning allegations of sexual abuse against former Archbishop Theodore McCarrick is at least partly protected by attorney-client privilege, a New Jersey appellate court ruled Monday.

  • June 15, 2026

    Justices To Review Bond For Detained Noncitizens

    The U.S. Supreme Court agreed Monday to decide if noncitizens subject to removal proceedings because of criminal convictions or alleged ties to terrorism are entitled to bond hearings if they're detained for an "unreasonably prolonged" period of time during immigration proceedings.

Expert Analysis

  • 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.

  • 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.

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