Appellate

  • May 28, 2026

    6th Circ. Revives P-Funk Keyboardist's Copyright Royalty Suit

    The Sixth Circuit revived part of the estate of late Parliament-Funkadelic keyboardist George "Bernie" Worrell's copyright suit against group co-founder George Clinton and his company Thang Inc., ruling that a jury must decide whether Worrell partly owned the recordings he helped create. 

  • May 28, 2026

    5th Circ. Won't Rehear Deepwater Prostate Cancer Suit

    The Fifth Circuit has denied an en banc rehearing of a worker's toxic tort suit against BP Exploration & Production over prostate cancer he alleges he developed because of exposure to crude oil during cleanup of the 2010 Deepwater Horizon spill.

  • May 28, 2026

    Wash. Tribes, River Group Fight FERC Hydro License

    The Confederated Tribes and Bands of the Yakama Nation and nonprofit Columbia Riverkeeper have each sued the Federal Energy Regulatory Commission in the Ninth Circuit over the agency's issuance of a license for a hydroelectric project license.

  • May 28, 2026

    Fla. Justices Say Ex-Power Co. Welder Didn't Prove Retaliation

    The Florida Supreme Court rejected a welder's appeal alleging that a power company terminated him in retaliation for blowing the whistle on unsafe work conditions, ruling Thursday he didn't prove beyond a subjective belief that his former employer violated the law. 

  • May 28, 2026

    Pa. Justices Order Return Of Gun After Charges Dismissed

    A Philadelphia woman who has been trying to get her gun back from the state for years is entitled to it, the Pennsylvania Supreme Court ruled, finding that since the complaint against her was dismissed and prosecutors couldn't show why they needed to keep her property, it should be returned.

  • May 28, 2026

    9th Circ. Warned Of Market Forces In Nexstar-Tegna Case

    The National Association of Broadcasters told the Ninth Circuit that a lower court's view of the market in a case challenging the $6.2 billion merger between Nexstar and Tegna is inconsistent with its members' experience and contradicts industry data recently submitted to regulators.

  • May 28, 2026

    'Socioeconomic' Remark At Atty's Homicide Trial Vexes Judge

    A prosecutor's "socioeconomic" description of the man shot to death by a former Cramer & Anderson LLP partner may have been improper, a Connecticut appellate judge said Thursday, casting some doubt on the integrity of Robert L. Fisher Jr.'s manslaughter conviction.

  • May 28, 2026

    EEOC Urges 11th Circ. To Restore Sex Harassment Verdict

    The U.S. Equal Employment Opportunity Commission said the Eleventh Circuit should reinstate a jury win for a female former host of a Georgia restaurant who claimed that managers failed to stop male coworkers' lewd behavior toward her, faulting the trial court for minimizing the men's conduct.

  • May 28, 2026

    Goldstein Says Bad Jury Instructions Warrant New Trial

    SCOTUSblog founder Tom Goldstein said that the prosecutors who convicted him on 12 tax and mortgage fraud charges in February are now contradicting arguments they made at the end of his trial in their attempt to deny him a bench acquittal or new trial.

  • May 28, 2026

    Fed. Circ. Reinstates PTAB Challenge To E-Learning Patent

    Employee training platform Go1 won its bid to revive its challenge to a cloud learning patent it has been accused of infringing, after the Federal Circuit on Thursday threw out the Patent Trial and Appeal Board's finding that the company failed to show the patent was invalid.

  • May 28, 2026

    Florida High Court Adopts AI Policy For Lawyers

    The Florida Supreme Court on Thursday amended the state's rules to require those filing court documents to check any artificial intelligence-generated content for accuracy, and allow for sanctions if the content contains errors.

  • May 28, 2026

    1st Circ. Rejects Bid To Halt Deportation Over Teens' Health

    The First Circuit let stand deportation orders for a Guatemalan man hoping concerns over his daughters' health would earn him a reprieve, finding an immigration judge correctly found his removal would not result in exceptional hardship for the teens.

  • May 28, 2026

    Fla. Court Refers Atty To Bar Over Bogus Case Citations

    A Florida state appeals court has referred an appellant's attorney to the state's bar for disciplinary proceedings after filing a petition that appears to be generated by artificial intelligence and "raises frivolous arguments, misstates the law, and cites non-existent case law."

  • May 28, 2026

    9th Circ. Won't Revisit FCA Ruling Over Drug Price Program

    The Ninth Circuit has said it will not disturb its March ruling allowing a hospital chain to pursue a False Claims Act lawsuit against various pharmaceutical companies for allegedly causing the government to overpay for drugs under a discount program.

  • May 28, 2026

    Split Fed. Circ. Says $452M Trade Secret Case Was Untimely

    A split Federal Circuit panel on Thursday erased Insulet Corp.'s trade secret victory against EOFlow Co. Ltd., holding that the medical device maker filed its claims too late and reversing a $452 million jury verdict that was later reduced to $59.4 million.

  • May 28, 2026

    4th Circ. Rules IRS 'Cooperation' Doesn't Sink Tax Convictions

    The Fourth Circuit on Thursday affirmed the convictions of two software executives found guilty at trial of failing to pay employment taxes to the Internal Revenue Service, rejecting the notion that their alleged cooperation with the IRS somehow undermined the charges.

  • May 28, 2026

    6th Circ. Nixes Aircraft Co.'s $39M Excise Tax

    A fractional jet company is not liable for a $39 million air transportation excise tax because the levy applies only to its usage charges for each flight, not the fixed costs for management and operations, the Sixth Circuit ruled.

  • May 28, 2026

    Justices Revive Mississippi Death Row Inmate's Batson Claim

    The U.S. Supreme Court ruled Thursday that a Black Mississippi death row prisoner who argued racial discrimination tainted his jury selection is entitled to habeas corpus relief, finding that Mississippi's courts improperly rejected his challenge to the prosecutor's juror strikes.

  • May 28, 2026

    Justices Say First Step Act Not 'Vehicle' For Innocence Claim

    The U.S. Supreme Court held Thursday that judges lack wide discretion to pare down sentences for criminal defendants under the First Step Act based on questions about the validity of a conviction, shutting the door on a potential wave of postconviction relief petitions, experts said.

  • May 28, 2026

    High Court Says First Step Act Can't Inform Early Releases

    The U.S. Supreme Court ruled Thursday that changes in mandatory minimum sentences cannot be considered retroactively when weighing if a federal prisoner should be granted early release.

  • May 28, 2026

    Justices Say 'Last-Mile' Drivers Can Skip Arbitration

    An exemption to federal arbitration requirements for workers engaged in interstate commerce can extend to what are known as last-mile drivers who locally deliver goods that travel interstate, the U.S. Supreme Court held Thursday, resolving an issue that lingered after previous high court decisions.

  • May 27, 2026

    PacifiCorp Link Should DQ Appeal Judge, Plaintiffs Say

    Counsel for a class of Oregon property owners asked an appeals court Tuesday to disqualify the judge who authored a decision overturning classwide liability against PacifiCorp for wildfire damage, saying the judge's alleged work for the utility in prior private practice would cause a reasonable person to question her impartiality.

  • May 27, 2026

    9th Circ. Says Alaska Can Release ConocoPhillips Well Data

    The Ninth Circuit on Wednesday reversed a lower court's ruling that kept ConocoPhillips' Alaskan well data confidential, saying in a published opinion that federal law and regulations did not preempt an Alaska statute requiring the data's release.

  • May 27, 2026

    3rd Circ. Affirms Toss Of Spirit Airlines Site Tracking Suit

    The Third Circuit has refused to revive a proposed class action accusing the now-defunct Spirit Airlines of recording communications by visitors to its website, finding the plaintiffs voluntarily provided information to look for flights and that, at any rate, many understand "'that what we do on the Internet is not completely private.'"

  • May 27, 2026

    DOJ Urges Justices To Skip $400M Spain Award Cases

    The Trump administration is urging the U.S. Supreme Court not to disturb a D.C. Circuit decision laying a path to enforce more than $400 million in arbitral awards against Spain, arguing that the decision, while flawed, does not warrant further review because the asserted circuit conflict is "shallow."

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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