Appellate

  • July 07, 2026

    Justices To Defend Court's Budget In Rare Hill Testimony

    U.S. Supreme Court Justices Amy Coney Barrett and Elena Kagan will testify before House and Senate committees on July 14, marking the first time in seven years that a sitting justice has gone before lawmakers.

  • July 07, 2026

    Ex-DOJ Employees Tell Senate To Reject Blanche Nomination

    Hundreds of former Justice Department employees and appointees urged the Senate in a Tuesday letter to reject the nomination of acting Attorney General Todd Blanche for the permanent role, particularly noting what they called Blanche's work toward politicizing the department.

  • July 07, 2026

    Fed. Circ. Won't Revive Dental Patent Claims In Align Feud

    The Federal Circuit on Tuesday said it won't bring back claims in a pair of dental arch image analysis patents their owner accused Invisalign maker Align Technology Inc. of infringing, backing a lower court's finding that they were invalid.

  • July 07, 2026

    NBA Star Questions Ex-Agent's Money Woes In Fees Fight

    Two-time NBA All-Star Zion Williamson is opposing his former agent's efforts to avoid paying nearly $686,000 in legal fees stemming from a lengthy contract dispute in North Carolina federal court, questioning the agent's claims of "extreme financial hardship."

  • July 06, 2026

    10th Circ. Sides With Gas Wholesalers In Storm Price Hike Suit

    Residential natural gas customers can't pursue wholesalers under Kansas state law for profiteering from a winter storm that caused natural gas prices to spike, the Tenth Circuit ruled Monday, finding their claims federally preempted under the Natural Gas Act.

  • July 06, 2026

    Top Energy & Enviro Decisions Of 2026: Midyear Report

    The first half of 2026 saw the Trump administration's push to restrict renewable energy development hit judicial speed bumps and the U.S. Supreme Court potentially change the course of long-running cases that pit state governments against oil and gas heavyweights. Here are several court decisions that stood out for energy attorneys in the first half of this year.

  • July 06, 2026

    Chamber Urges 6th Circ. To Rule Against FDIC In Penalty Row

    The U.S. Chamber of Commerce has urged the Sixth Circuit to vacate a fine and industry ban leveled by the Federal Deposit Insurance Corp. against a former Michigan bank CEO, throwing its weight behind his challenge to the agency's use of in-house enforcement proceedings and pointing to the U.S. Supreme Court's Jarkesy ruling.

  • July 06, 2026

    NY Distillery Targets Wash. Liquor Sales Laws At 9th Circ.

    A New York distillery during a hearing Monday urged a Ninth Circuit panel to strike down Washington's liquor laws that allow only in-state producers to sell spirits directly to consumers, contending a lower court wrongly relied on case law around alcohol retailers — not producers — when it deemed the laws constitutional.

  • July 06, 2026

    Colo. Panel Says Prosecutors Must Be Heard On Sanctions

    A Colorado state trial court that dismissed a stabbing case as a sanction after prosecutors failed to turn over required discovery to defense attorneys in a timely fashion should have allowed opposition from prosecutors, a state appeals court said, reversing the dismissal.

  • July 06, 2026

    DOJ Urges DC Circ. Not To Freeze Medical Pot Rescheduling

    The U.S. Department of Justice has urged the D.C. Circuit not to grant a request to freeze a final rule rescheduling medical marijuana while opponents challenge the policy in a case in which various industry stakeholders are wrangling to participate.

  • July 06, 2026

    Supreme Court Lets Texas Age Verification Law Stand

    The U.S. Supreme Court on Monday gave a green light for the Texas attorney general to enforce a law requiring app stores to block minors from downloading apps without parental consent, dealing a blow to advocacy groups who hoped to stay enforcement of the law.

  • July 06, 2026

    11th Circ. Backs Feds' Use Of Accreditors In Education Funds

    The U.S. Department of Education can rely on private educational accreditors when allocating federal education dollars, the Eleventh Circuit ruled on Monday, rejecting the state of Florida's assertion that the process unconstitutionally gives these accreditors governmental power to determine funding eligibility.

  • July 06, 2026

    4th Circ. Revives Jamaican's Torture-Protection Claim

    A split Fourth Circuit panel said an immigration appeals board strayed from the appropriate review standard when it overturned removal protections granted to a man who feared he would be tortured or killed if deported to Jamaica.

  • July 06, 2026

    After Tense Terms, Hints Of High Court Harmony With Circuits

    Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.

  • July 06, 2026

    The Moments That Shaped The Monsanto Decision

    U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insights on the 7-2 outcome, highlighting issues the jurists were grappling with and showcasing rationales that found their way into the opinion.

  • July 06, 2026

    The Funniest Moments Of The Supreme Court's Term

    When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

  • July 06, 2026

    Pentagon Appeals Media Escort Ruling

    The federal government on Monday notified the D.C. Circuit that it is appealing a district judge's preliminary injunction blocking the U.S. Department of Defense's policy that reporters be escorted whenever they're in the Pentagon.

  • July 06, 2026

    Split 5th Circ. Backs Bond Hearings For Immigrant Detainees

    The Fifth Circuit has limited its recent decision permitting the federal government to subject unauthorized immigrants to mandatory detention without bond, finding such individuals are still entitled to an eventual bond hearing under their Fifth Amendment due process rights.

  • July 06, 2026

    Mass. Justices Want Explanation For Workers' Comp Rate Cut

    Massachusetts' highest court on Monday affirmed a decision by the state's insurance commissioner to reject proposed workers' compensation insurance rates but ordered the commissioner to explain the basis for decreeing a steeper rate cut. 

  • July 06, 2026

    Former NCR Execs' $48M Lifetime Benefits Deal Gets 1st OK

    Approximately 189 former NCR Corp. executives received a Georgia federal court's preliminary approval to their $47.7 million class action settlement resolving allegations the software company broke its commitment to periodically make annuity payments for life post-retirement, bringing the decade-long litigation closer to its end. 

  • July 06, 2026

    Blume Forte Beats Nagel Rice Bid To Undo Arbitration Win

    Blume Forte Fried Zerres & Molinari PC defeated a bid by Nagel Rice LLP to overturn a $56,000 arbitration award over a fee dispute between the firms before the New Jersey Appellate Division on Monday.

  • July 06, 2026

    Justices Find Middle Ground In Favoring Criminal Defendants

    The U.S. Supreme Court's criminal law rulings this term often sided with defendants, ruling in ways that defied simple conservative and liberal labels.

  • July 06, 2026

    NJ Bank Defeats Ex-Manager's Bias Suit Tied To Security Lapse

    A New Jersey appeals court ruled Monday that a bank was justified in firing a longtime branch manager who failed to ensure employees followed security protocols, rejecting her claims that the termination was motivated by age discrimination or retaliation.

  • July 06, 2026

    3rd Circ. Backs BNY In Ex-Portfolio Manager's Bias Suit

    The Third Circuit on Monday upheld Bank of New York Mellon's win in a Black former portfolio manager's race bias and retaliation suit, finding he failed to show his firing was racially motivated or that a reorganization masked retaliation for his complaints.

  • July 06, 2026

    Pa. Atty Suspended 3 Years Over Sexual Texts To Clients

    A Central Pennsylvania attorney agreed to a three-year suspension of his law license after admitting to having an inappropriate relationship with one client and sending sexually suggestive texts to another, according to orders Monday from the state supreme court.

Expert Analysis

  • 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.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

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