Appellate

  • June 01, 2026

    5th Circ. Presses Green Groups On LNG Project Application Row

    A Fifth Circuit panel wanted to know how the Delfin LNG LLC deepwater liquefied natural gas project off Louisiana's coast had changed enough to merit a redo of the project's application, asking Monday if the application should have been amended "as a matter of law."

  • June 01, 2026

    States Back Air Force In High Court Munitions Disposal Fight

    Several states urged the U.S. Supreme Court to reverse a Ninth Circuit ruling finding the U.S. Air Force had to conduct environmental review over its application to renew a munitions disposal permit, arguing it imposed needless procedural hurdles.

  • June 01, 2026

    Fed. Circ. Affirms Dismissal Of Turkish Steel Duty Challenges

    A Federal Circuit panel affirmed three U.S. International Trade Court rulings that collectively rejected a Turkish company's attempts to escape a duty on Turkish steel, finding on Monday that the company's appeals were broadly unsupported by the statutes it cited.

  • June 01, 2026

    5th Circ. Wary Of Airline's Bid To Void EEOC Harassment Win

    The Fifth Circuit weighed Monday whether to leave in place a $300,000 verdict for the U.S. Equal Employment Opportunity Commission in its sexual harassment case against SkyWest Airlines, as two judges pushed back on some of the airline's arguments for a new trial.

  • June 01, 2026

    Golf Co. Urges 11th Circ. To Sink Shattered Club Suit

    A group of golf equipment companies are urging the Eleventh Circuit to leave dismissed a suit by a college baseball player alleging that a defective golf club shattered while he was using it and injured his hand, saying the trial court rightly found that his expert failed to establish any defect.

  • June 01, 2026

    Fla. Judge Again Loses Bid To Dismiss Ethics Charges

    A Florida judicial panel has for a second time denied a Florida appellate judge's bid to dismiss an ethics case accusing her of attempting to influence lower court proceedings for an incarcerated man formerly on death row.

  • June 01, 2026

    DC Circ. Says Developer Lacks Standing In FAA Airport Row

    The D.C. Circuit tossed a Colorado developer's challenge to Federal Aviation Administration letters warning that proposed housing near a city-operated airport could threaten federal grant obligations, finding the developer lacked standing because it could not show the city would approve the project without the letters.

  • June 01, 2026

    Abortion Protester Denied 2nd Shot At Jury Trial In 4th Circ.

    The Fourth Circuit has decided not to rehear an appeal over whether a South Carolina abortion protestor should be given a new trial after the court previously affirmed his conviction for blocking the doors of a clinic.

  • June 01, 2026

    Justices Won't Take Case Over Ga. Utilities Board Elections

    The U.S. Supreme Court turned down Black Georgia voters' invitation to review the dismissal of their suit claiming that elections for the state's public utilities board are racially gerrymandered, declining Monday to consider their argument that the Eleventh Circuit misapplied high court precedent. 

  • June 01, 2026

    High Court Turns Away Health Workers' Vaccine Mandate Case

    The U.S. Supreme Court declined a bid for review Monday from workers who said a nonprofit healthcare system and Washington state violated their rights by issuing COVID-19 vaccination mandates, leaving in place a Ninth Circuit ruling that said their case didn't pass muster.

  • June 01, 2026

    Justices Won't Hear Challenge To 'Texas Two-Step' Ch. 11

    The U.S. Supreme Court on Monday said it won't hear a challenge by asbestos claimants to the "Texas two-step" bankruptcy of Georgia-Pacific spinoff Bestwall.

  • June 01, 2026

    Justices Skip CareDx's Bid To Revive $45M False Ad Award

    The U.S. Supreme Court on Monday declined to take up a challenge to a Third Circuit decision that wiped out a nearly $45 million false advertising award against Natera Inc., preserving a ruling that said proof of actual consumer deception is required to support damages.

  • June 01, 2026

    Justices Won't Eye Burden Of Notice For Immigration Hearings

    The U.S. Supreme Court said Monday that it won't review a Ninth Circuit decision requiring the federal government to take additional steps to notify noncitizens of immigration hearing dates when their original notices initiating removal proceedings return unread in the mail.

  • May 29, 2026

    5th Circ. Lets Texas Enforce App Age-Check Law

    The Fifth Circuit has temporarily allowed enforcement of a state law that restricts app downloads by age and requires app stores to display age ratings in Texas, lifting a court order blocking the law while an appellate panel considers the litigation on its merits.

  • May 29, 2026

    Fla. Panel Upholds Reduced $4M Car Crash Verdict

    A Florida appeals court Friday affirmed the reduction of a $2 million medical expenses award as part of a $4.7 million verdict in an auto collision case to about $1.3 million, saying the cost of certain future medical procedures was based on speculation rather than sufficient evidence.

  • May 29, 2026

    Trump Urges 3rd Circ. To Reverse 'Bizarre' Anti-SLAPP Loss

    President Donald Trump urged the Third Circuit on Thursday to find a Pennsylvania anti-SLAPP statute shields him from the Central Park Five's defamation claims, slamming the lower court's "truly bizarre" ruling in an opening brief filed the same day a DLA Piper partner and others joined Trump's defense team.

  • May 29, 2026

    Defamation Litigation Roundup: 'The Rip,' Lively, Justin Sun

    In this month's review of defamation fights, Law360 details a suit by a pair of Miami-Dade police officers over a movie starring Matt Damon and Ben Affleck that they said makes them seem like sleazy cops, as well as a case by a Trump family-backed cryptocurrency firm against Justin Sun.

  • May 29, 2026

    Calif. Panel Reverses Order For Citing Atty's Bogus Case Law

    A California appellate panel on Thursday reversed a judgment in favor of a man accused of abusing his son, finding that "without doubt" the trial judge abused her discretion by incorporating the man's bogus legal citations into her ruling, despite being alerted to the mistakes in advance.

  • May 29, 2026

    NC Prosecutors Oppose Criminal Contempt For Witness

    A woman who was allegedly punched in the face by an attorney should not have been held in criminal contempt for giving too much hearsay testimony, North Carolina prosecutors told a state appeals court.

  • May 29, 2026

    Akin Gump Owes Fees For Winebow's 'Self-Indulgent' Appeal

    The Ninth Circuit on Thursday ordered an importer's Akin Gump Strauss Hauer & Feld LLP attorneys to pay a European winemaker fees for having to defend against the importer's "spurious objections" to the winemaker's valid arbitral award, ruling that the importer's "self-indulgent" appeal warrants sanctions in the form of fees.

  • May 29, 2026

    Colo. Appeals Court Bars One-Way Fees In Eviction Cures

    A Colorado Court of Appeals panel on Thursday reversed the dismissal of a proposed class action against a group of landlords, Tschetter Sulzer PC and the Colorado Apartment Association accusing the collective of illegally extracting attorney fees from tenants during eviction proceedings.

  • May 29, 2026

    8th Circ. Won't Revive Guatemalan Mother's Removal Fight

    An Eighth Circuit panel declined to revive a Guatemalan mother of six's challenge of a removal order, holding that there was no basis to disturb a Board of Immigration Appeals decision that affirmed it and underlying family hardship determinations.

  • May 29, 2026

    Justices Told USPTO's 'Settled Expectations' Rule Flouts Law

    A host of industry groups, professors, attorneys and more urged the U.S. Supreme Court on Friday to take up Google's appeal arguing that the U.S. Patent and Trademark Office has exceeded its authority by using the age of patents as a reason to refuse to review them.

  • May 29, 2026

    Intuit Didn't Infringe Browsing Patent, Calif. Judge Says

    TurboTax-maker Intuit Inc. has beaten a lawsuit accusing it of infringing a patent that covers synchronized internet browsing after a California federal judge found that its tax preparation services don't meet key language of the patent.

  • May 29, 2026

    11th Circ. Rejects Citadel Securities' Bid To Block Exchange

    The Eleventh Circuit said Friday it would not grant Citadel Securities' request to block a new options exchange from going live, ruling the IEX exchange does not unfairly discriminate against high-frequency traders that profit off lags in the marketplace.

Expert Analysis

  • 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.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

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