Appellate

  • June 16, 2026

    6th Circ. Says CFTC Can't Argue In Kalshi, Ohio Betting Fight

    The Sixth Circuit denied a bid by the U.S. Commodity Futures Trading Commission to appear as an amicus during oral arguments in Kalshi's appeal of a lower court ruling denying it a temporary enforcement shield in the prediction market platform's dispute with Ohio state officials.

  • June 16, 2026

    Calif. Panel Upholds $19.5M Verdict In Bicycle Crash Suit

    A California state appeals court has affirmed a $19.5 million verdict against a motorist who ran a red light and struck a bicyclist at a crosswalk, rejecting the driver's argument that the sum was excessive because the jury heard prejudicial testimony about her not wearing her prescription glasses.

  • June 16, 2026

    Nationwide Aims To Decertify 50K ERISA Class Ahead Of Trial

    Nationwide urged an Ohio federal judge to cut down a class of 50,000 401(k) plan participants who claimed the company mismanaged a fund in its retirement plan, pointing to a recent Fourth Circuit ruling that said defined contribution plans require too many individual assessments to earn class certification.

  • June 16, 2026

    Oral Arguments In Comey, James Appeal Set For September

    The Fourth Circuit has scheduled in-person oral arguments for the Trump administration's appeal of the dismissals of indictments against former FBI Director James Comey and New York Attorney General Letitia James for Sept. 15-18.

  • June 16, 2026

    Roy Moore Seeks High Court Stay In PAC Defamation Fight

    Former Alabama judge Roy Moore on Tuesday asked the U.S. Supreme Court to issue an emergency stay of the Eleventh Circuit's decision to toss the $8.2 million defamation verdict he was awarded over claims that a Democratic PAC's ad suggested he solicited a minor for sex.

  • June 16, 2026

    Stolen Skull Can't Lead To Ill. County Liability, 7th Circ. Says

    An Illinois county's coroner cannot be held liable for a former official's "abhorrent" practice of saving his examination subjects' skulls because the conduct itself was illegal and not part of his state-imposed duty to return bodily remains, a split Seventh Circuit panel has ruled.

  • June 16, 2026

    Insurers Ask Justices To Review Hurricane Arbitration Ruling

    A group of insurers asked the U.S. Supreme Court to review a Fifth Circuit decision blocking arbitration of a Louisiana town's hurricane damage coverage suit, saying circuit courts are split over the application of federal or state law to determine whether nonsignatories can enforce an international arbitration agreement.

  • June 16, 2026

    7th Circ. Scraps American Airlines Toxic Uniforms Suit

    The Seventh Circuit said Tuesday that American Airlines employees suing over allegedly toxic uniforms didn't have sufficient expert evidence suggesting the uniforms triggered their allergic reactions and other health symptoms, rejecting their bid to invoke the legal doctrine of res ipsa loquitur to infer a defect or negligence.

  • June 16, 2026

    Justices Asked To Revive $77M In Trade Secret Damages

    Plastics manufacturer Trinseo Europe GmbH has asked the U.S. Supreme Court to restore a verdict of more than $77 million that it won stemming from trade secret misappropriation allegations against a former Dow Chemical Co. employee and engineering firm KBR, saying the Fifth Circuit went against precedent when it endorsed an approach to damages that "is the antithesis of flexible."

  • June 16, 2026

    5th Circ. Revives Plane Crash Suit Under Texas Tolling Law

    The Fifth Circuit on Tuesday revived a suit alleging that a pilot's severe crash injuries were caused by several companies' defective parachute and safety systems, saying the Texas Savings Statute does indeed apply to the pilot's third lawsuit related to the crash.

  • June 16, 2026

    Unions Ask 1st Circ. To Spur Ruling On 'Loyalty Question'

    Federal worker unions have asked the First Circuit to force a district judge to rule on their request to stop the federal government from asking job candidates how they'd advance Trump administration policies, saying their motion has sat undecided for nearly seven months.

  • June 16, 2026

    Anti-Abortion Group Renews Bid To Block NJ's Info Demand

    An anti‑abortion pregnancy center urged a federal judge to block New Jersey's attorney general from enforcing a subpoena seeking financial donor information, arguing in a renewed bid for a preliminary injunction that the demand is retaliatory and persists despite a U.S. Supreme Court ruling allowing the group to challenge the investigation.

  • June 16, 2026

    US Bank Tells 8th Circ. Flawed Expert Doomed Retirees' Suit

    U.S. Bancorp urged the Eighth Circuit to back its win over a lawsuit alleging it shortchanged workers who opted to retire early, asserting Tuesday that the trial court got it right when it nixed the retirees' expert opinion for utilizing abnormal actuarial methods.

  • June 16, 2026

    Colo. Justices Limit Public Defense Help In Posttrial Motion

    The Colorado Supreme Court has ruled that a man is not allowed to have a public defender supplement his ineffective assistance of counsel motion after the defendant's private counsel filed the initial motion and immediately withdrew from the case.

  • June 16, 2026

    2nd Circ. Won't Let Man Reverse Tax Plea Over Bad Advice

    The Second Circuit issued a summary order Tuesday affirming the conviction of a Connecticut man who pled guilty to tax crimes, disagreeing that allegedly misleading advice from trial attorneys about the immigration implications of his plea warranted his withdrawing it.

  • June 16, 2026

    Judge Says Trump Admin Must Explain Park Sign Burden

    The Trump administration must explain how it will be harmed by an order requiring it to restore climate change, slavery and Indigenous history information to National Park Service sites by Independence Day after it asked a federal court to pause the decision pending a First Circuit appeal.

  • June 16, 2026

    Ex-Reed Smith Atty Seeks Appellate Review Of Bias Damages

    A former Reed Smith LLP attorney suing the firm for gender discrimination urged a state appeals court Tuesday to grant her bid to appeal a ruling on her available damages, arguing that the appeal is necessary to clarify a prior appellate decision.

  • June 16, 2026

    Colo. Justices Say PUD Pacts Can't Be Changed By Ballot

    Planned unit development agreements are administrative matters that must be changed through the statutory amendment process, not by citizen initiative, the Colorado Supreme Court ruled, blocking a bid by a property owner and local petitioners to put a Telluride PUD change before voters.

  • June 16, 2026

    Georgia Atty Disbarred For Terror Threats, Intimidating Judge

    A Georgia criminal defense and personal injury attorney serving a seven-year prison term for threatening and intimidating court personnel, including members of the district attorney's office and a Superior Court judge, was stripped of his state law license on Tuesday.

  • June 16, 2026

    Remote Workers Tell 6th Circ. Boot-Up Time Compensable

    Remote call center workers handling inbound patient calls from home have argued before a Sixth Circuit panel that their employer failed to pay them in accordance with the Fair Labor Standards Act for pre-shift computer startup work integral to their jobs.

  • June 16, 2026

    Chamberlain Hrdlicka Gets New Look At $700K Award In Texas

    The Texas Supreme Court has granted a request from Chamberlain Hrdlicka White Williams & Aughtry to review lower court rulings that left the firm on the hook for $700,000 in a breach of contract dispute with a cost-cutting consultant, which the firm claims should have received no more than $40,000.

  • June 16, 2026

    3rd Circ. Rejects Ex-Union President's Speedy-Trial Fight

    A Third Circuit panel on Tuesday said a former union president convicted of embezzlement alongside former International Brotherhood of Electrical Workers Local 98 business manager John Dougherty was not denied a speedy trial in his yearslong prosecution, ruling that delays in the case were justified. 

  • June 16, 2026

    Justices' Penalty Ruling Won't Sink Tax Case, 5th Circ. Told

    The U.S. Supreme Court's recent decision upholding federal agency fines without a jury trial doesn't undermine a challenge against IRS penalties tied to a charitable tax deduction for a Louisiana conservation easement contribution, the partnership donor told the Fifth Circuit.

  • June 16, 2026

    Building's $108M Taxable Value Too High, Minn. Justices Told

    A Minnesota office building was overvalued at $108 million, its owner told the state Supreme Court, challenging the state tax court's reconciliation of competing appraisers' conclusions and other matters.

  • June 16, 2026

    Trade Court Backs Duty Redo For Canadian Wind Towers

    Certain wind towers imported into the U.S. from Canada will be subject to a 2.93% antidumping duty rate after the U.S. Court of International Trade signed off on Department of Commerce recalculations.

Expert Analysis

  • 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.

  • 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.

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