Appellate

  • June 11, 2026

    CVS Can Keep Trial Win In Cooler Injury Case, 7th Circ. Says

    The Seventh Circuit on Thursday affirmed a defense verdict for CVS in a suit alleging it caused an Illinois shopper's injuries when dozens of water bottles fell out of a cooler, saying the plaintiff failed to prove the retailer had the requisite control of the allegedly dangerous condition.

  • June 11, 2026

    Ex-Pharma Exec Fights SEC 'Shadow Trading' Win At 9th Circ.

    An ex-Medivation Inc. executive urged the Ninth Circuit on Thursday to scrap a jury verdict finding him liable in the U.S. Securities and Exchange Commission's first-ever "shadow trading" case, arguing the company's own policies permitted the trades and affirming the verdict will allow companies to adopt vague trading policies.

  • June 11, 2026

    Fla. Justices Lower Bar For Ex-Marvel CEO's Damages Bid

    The Florida Supreme Court ruled that the former CEO of Marvel Entertainment doesn't need to show "clear and convincing" evidence to add a punitive damages claim against his neighbor, saying Thursday the lower court doesn't act as a trier of fact at the pleading stage of a lawsuit. 

  • June 11, 2026

    Fla. Hospital Antitrust Case Paused For Cert. Denial Appeal

    Patients who have accused hospital operator Health First of illegally fending off competition by preventing doctors from referring patients to rivals have convinced a Florida federal judge to put their lawsuit on hold while they challenge her decision to deny them class certification.

  • June 11, 2026

    11th Circ. Seeks Fla., Ga. Justices' Input On Opioid Coverage

    The Eleventh Circuit on Thursday asked justices in Georgia and Florida to weigh in on whether commercial general liability insurers must defend and indemnify Publix Super Markets Inc. and a Georgia-based generic-drug wholesaler against suits claiming they improperly distributed opioids.

  • June 11, 2026

    Venezuela Turns To Greenberg Traurig In Citgo Sale Appeal

    Venezuela has tapped heavyweight lawyers from Greenberg Traurig LLP as its new counsel in a Third Circuit appeal challenging a Delaware judge's order greenlighting the nearly $6 billion sale of Citgo to satisfy billions of dollars of the country's debt.

  • June 11, 2026

    5th Circ. Says FTC Can't Outsource Horse-Racing Enforcement

    The Fifth Circuit once again struck down the Horseracing Integrity and Safety Authority's enforcement power over nationwide thoroughbred racing Thursday, holding that the U.S. Supreme Court's ruling last year in FCC v. Consumers' Research doesn't upend the circuit court's previous decision on the issue.

  • June 11, 2026

    Fed. Circ. Pauses Trade Court's Limited Block Of Global Tariffs

    The Federal Circuit halted a U.S. Court of International Trade ruling prohibiting the government from collecting temporary global tariffs on two retailers and the state of Washington while it considers whether those duties are lawful, according to an order Thursday.

  • June 11, 2026

    10th Circ. Rejects Immunity For Officers In Fatal Shooting Suit

    Colorado police officers accused of using excessive force against a man shot and killed by one of the officers cannot raise the defense of qualified immunity, the Tenth Circuit affirmed.

  • June 11, 2026

    11th Circ. Blocks Insurer's Late Bid To Join Trafficking Suit

    The Eleventh Circuit on Thursday tossed an insurer's appeal of a decision denying its bid to intervene in a suit against a Georgia hotel that was ordered to pay $40 million for its role in allowing sex trafficking on its premises.

  • June 11, 2026

    Panel Tosses NJ Mall's 3rd Bid To Force Parking Garage Build

    A New Jersey appeals court on Thursday dismissed a shopping center owner's third attempt to force construction of a parking garage imagined in a 2004 plan instead of a nine-story, mixed-use building developers pitched after Newark adopted policies against new parking lots in the area.

  • June 11, 2026

    RJ Reynolds-Led ITC Vape Probe To Continue, Fed. Circ. Says

    A U.S. International Trade Commission investigation into R.J. Reynolds Tobacco Co.'s claims that importers are skirting restrictions on vapes will continue after a Federal Circuit panel on Thursday rejected a petition to kill the probe, finding it lacked appropriate backing.

  • June 11, 2026

    NJ Justices Rule Private Emails Can't Shield Public Business

    The New Jersey Supreme Court held on Thursday that school board members cannot shield public business by conducting it through their private email accounts, ruling that logs of government‑related emails housed in personal accounts qualify as government records under the state's Open Public Records Act.

  • June 11, 2026

    5th Circ. Backs $158M Healthcare Fraud Scheme Convictions

    The Fifth Circuit affirmed convictions for two men found guilty in a $158 million healthcare scheme where false claims were submitted for illegitimate compound medications, ruling Wednesday there was sufficient evidence for jurors to find they conspired to defraud federal workers' compensation programs and Blue Cross Blue Shield.

  • June 11, 2026

    3rd Circ. Again Rejects $3.7M Atty Fee For BMW Defect Class

    In a precedential opinion Thursday, the Third Circuit once again overturned a $3.7 million fee award for attorneys representing BMW owners in an engine failure class action, after having previously sent the award back for recalculation.

  • June 11, 2026

    Columbia Student Asks 1st Circ. To Reverse Deportation Order

    A graduate student who led pro-Palestinian protests at Columbia University is appealing a Board of Immigration Appeals decision that led an immigration judge to order him deported to Jordan, his lawyers said.

  • June 11, 2026

    Conn. Justices Order New Trial In $13.2M Estate Tax Fight

    The Connecticut Supreme Court on Thursday ordered a new trial over the state's $13.2 million tax assessment against the estate of a health insurance executive who died in Florida, saying a trial judge should have applied a lower standard of proof when determining the executive's state of residence.

  • June 11, 2026

    Ex-Trump Atty Chesebro Gets Fla. Law License Back

    The Florida Supreme Court has reinstated the law license of former Trump campaign attorney Kenneth Chesebro after his conviction in Georgia's election interference racketeering case was eventually cleared by a court order invalidating the charge.

  • June 11, 2026

    2nd Circ. Asks If Ex-UConn Dept. Head Broke School Rules

    A Second Circuit panel sounded skeptical Thursday about a former University of Connecticut department head's claim that racial animus led to his forced resignation, appearing to lean more toward the argument that he misused state funds while carrying on an inappropriate relationship with his secretary.

  • June 11, 2026

    Moderna Says New COVID Vax Doesn't Infringe BioNTech IP

    Moderna has pushed back at BioNTech's patent infringement lawsuit accusing its newer COVID-19 vaccine of exploiting BioNTech's own technology, saying that it never infringed and that the patent was invalid to begin with.

  • June 11, 2026

    7th Circ. Rejects Firms' Bid For More Flea Collar MDL Fees

    The Seventh Circuit on Wednesday affirmed an Illinois federal court's refusal to order a redistribution of attorney fees from a $15 million settlement resolving multidistrict litigation against Bayer and other manufacturers of Seresto flea and tick collars, saying two law firms arguing they were cut out of their fair share failed to timely challenge the fee-allocation process.

  • June 11, 2026

    3rd Circ. Asks How Legal Tech AI Tool Differed From Westlaw

    A Third Circuit panel grilled ROSS Intelligence's attorney Thursday over whether the defunct legal tech startup's use of Westlaw headnotes to train an artificial intelligence-powered legal research tool was truly transformative, repeatedly asking counsel to explain how the product differed from Westlaw.

  • June 11, 2026

    BofA Prevails In Authentication Patent Case At Fed. Circ.

    A user authentication patent owner that sued Bank of America for infringement lost its challenge to how a Texas federal court interpreted a key patent term, after the Federal Circuit on Thursday backed the lower court's claim construction.

  • June 11, 2026

    Fla. Court Says State Can't Litigate Tribal Ordinance Violations

    A man who was found guilty of disorderly intoxication after being arrested at the Miccosukee Casino and Resort on the Miccosukee Indian Reservation had his conviction and sentence reversed after a Florida appeals court found the state lacked jurisdiction to prosecute him for violating a local ordinance on tribal land.

  • June 11, 2026

    Trump Admin Appeals Ruling Striking Down $100K Visa Fee

    The Trump administration said Thursday it is appealing a judge's finding that President Donald Trump's $100,000 H-1B visa fee is an unlawful tax.

Expert Analysis

  • 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.

  • 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.

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