Appellate

  • June 22, 2026

    Atty's Bid To Void Wrongful Firing Award Revived

    A Florida appellate court revived an attorney's attempt to invalidate a nearly $353,000 award handed to a former employee in her wrongful termination case, ruling that the lawyer was entitled to challenge the judgment without satisfying the stay requirements under the state's Enforcement of Foreign Judgments Act. 

  • June 22, 2026

    Mich. Court OKs Conviction Of Man Who Filmed Traffic Stop

    A self-described First Amendment auditor who filmed a traffic stop has had his obstruction conviction upheld by a Michigan appeals court, which ruled that the right to record police did not allow him to ignore officers' lawful commands to keep a safe distance.

  • June 22, 2026

    Board Says Asylum Was Properly Denied In Light Of DUIs

    The Board of Immigration Appeals said an immigration judge reasonably denied a Cameroon man's bid for asylum based on multiple driving under the influence convictions, despite granting his application for withholding of removal to the African country.

  • June 22, 2026

    Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

    The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

  • June 22, 2026

    Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

    A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 22, 2026

    10th Circ. Says Fire Chief Immune From Termination Suit

    A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

  • June 22, 2026

    Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

    A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

    The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

  • June 22, 2026

    Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

    A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

  • June 22, 2026

    Feds Appeal Toss Of Ábrego García Charges

    The Trump administration said it is appealing a Tennessee federal judge's decision to throw out the human smuggling charges that it brought against Kilmar Ábrego García.

  • June 22, 2026

    Fla. Panel Revives Malpractice Suit Over Sex Offender Error

    A Florida appellate court panel revived a man's malpractice lawsuit alleging his public defender failed to investigate whether he was required to register as a sex offender, finding the attorney hadn't shown he was entitled to summary judgment. 

  • June 22, 2026

    FERC Says Texas LNG Project Is 'Environmentally Acceptable'

    The Federal Energy Regulatory Commission defended its continued approval of a liquefied natural gas project in South Texas, telling the D.C. Circuit it had addressed the court's previous concerns by expanding its analysis of the project's polluting effects.

  • June 22, 2026

    Fla. Court Vacates US Rep.'s Contempt For Flipping The Bird

    A Florida appeals court has vacated a contempt finding for Rep. Randy Fine, R-Florida, after he allegedly flipped off an opposing party during a virtual hearing, finding that the trial court should have let Fine's attorney have a break to prepare a written motion to disqualify the judge.

  • June 22, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

  • June 22, 2026

    Justices Won't Review Dispute Over Tax Fraud Deadline

    The U.S. Supreme Court declined on Monday to review a woman's challenge against the Internal Revenue Service over the period in which the agency can assess taxes on a taxpayer when a fraudulent third party triggers the liability.

  • June 22, 2026

    Gov't Says It Should Face Vax IP Claims, Not Moderna

    The U.S. Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna, for the drugmaker's development and supply of COVID vaccines during the pandemic.

  • June 22, 2026

    Quinn Emanuel 'Star' Atty Named Appellate Co-Chair

    A Quinn Emanuel Urquhart & Sullivan LLP partner who has handled appeals of high-profile clients including Elon Musk and Jay-Z has been named national appellate practice co-chair, the firm announced Monday.

  • June 22, 2026

    Pa. Landowner Not Entitled To Approval Of Factory On Spec

    The developer of a proposed industrial facility in Northampton County, Pennsylvania, was not entitled to zoning approval if it could not identify a future tenant, a state appellate court ruled Monday.

  • June 22, 2026

    6th Circ. Ties Pot Biz Delays To Bureaucracy, Not A Violation

    The Sixth Circuit has thrown out a real estate developer's suit against the city of Pontiac, Michigan, and its clerk alleging they violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable, saying the delays were an instance of discretionary actions in bureaucracy, not constitutional violations.

  • June 22, 2026

    Mass. Justices Approve Ballot Question On Open Primary

    A ballot question proposing to replace Massachusetts' party-based primary election system with an open primary may go to voters in November, the state's highest court said Monday.

  • June 22, 2026

    Justices Say Conviction In Patz Case Was Wrongly Overturned

    The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

  • June 22, 2026

    Justices Seek Solicitor General's Views On Drug Pricing Law

    The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

  • June 22, 2026

    High Court Leaves Intact Mich. Drone Hunting Restrictions

    The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

Expert Analysis

  • 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.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

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