Appellate

  • August 20, 2026

    Binance Can't Arbitrate Crypto-Laundering Claims After All

    A Florida federal judge on Thursday vacated a ruling that compelled arbitration for proposed class claims alleging that Binance laundered stolen cryptocurrency, after a decision came down from the Eleventh Circuit finding that the individuals who filed their actions didn't have contractual relationships with the exchange.

  • August 20, 2026

    Ga. Panel Revives Man's Suit Over Accidental Shooting

    Georgia appellate judges reinstated a personal injury suit by a man whose leg was amputated after being accidentally shot by a teenager, ruling Wednesday the defendants failed to show no other insurance coverage was available for the injuries under a commercial auto policy the teen's father had through his business. 

  • August 20, 2026

    USPTO Tells Fed. Circ. 'Settled Expectations' Is Constitutional

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject Google's constitutional challenge to the office's "settled expectations" policy of taking the age of patents into account when deciding whether to review them, saying the rule is "eminently rational."

  • August 20, 2026

    Colo. Court Affirms Boulder Stormwater Fees Aren't Taxes

    Stormwater fees in Boulder, Colorado, that were used in part to repay $66 million in bonds are not taxes subject to voter approval under the state's Taxpayer Bill of Rights, an appeals court said Thursday, affirming a state district court.

  • August 20, 2026

    Nintendo Customer Fights To Keep Tariff Refund Suit Alive

    A Washington federal court should deny Nintendo's attempt to escape a proposed class action seeking reimbursement of costs that customers paid toward President Donald Trump's since-invalidated global tariff regime now that the company is pursuing refunds, a customer told the court.

  • August 20, 2026

    Colo. Panel Says Pretrial Meeting Didn't Affect Med Mal Trial

    A Colorado state appeals court on Thursday rejected a man's bid for a new trial in his medical malpractice lawsuit in which jurors sided with his physicians, finding the man did not show that an ex parte meeting between defense counsel and his own surgeon affected the trial's outcome.

  • August 20, 2026

    NC Justices Asked To Limit Bar's Reach Over Former Judges

    A former state court judge has asked the North Carolina Supreme Court to review a Court of Appeals' ruling allowing the state bar to discipline ex-jurists, characterizing the decision as an "attack on an independent judiciary" and calling for the justices to resolve a question of statutory authority they left unanswered a decade ago.

  • August 20, 2026

    DOJ Pot Shift Changes LA Licensing Challenge, 9th Circ. Told

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state entrants told the Ninth Circuit that recent federal shifts on medical marijuana mean the dormant commerce clause should apply to the once-federally illicit industry.

  • August 20, 2026

    Trade Groups Back Apple In 9th Circ. Class Decert. Fight

    The U.S. Chamber of Commerce and other trade and advocacy groups backed Apple Wednesday with amicus briefs telling the Ninth Circuit to reject an appeal from consumers looking to undo the decertification of a class of roughly 200 million people in an antitrust case targeting App Store policies.

  • August 20, 2026

    CREXi Drops 9th Circ. Challenge To Quinn Emanuel DQ

    Property listing company Commercial Real Estate Exchange Inc. has moved to dismiss its own Ninth Circuit mandamus petition, which challenged a lower court's disqualification of CREXi's counsel, Quinn Emanuel Urquhart & Sullivan LLP, from a legal battle against rival CoStar.

  • August 20, 2026

    Disbarred Atty Can't Keep Alive Suit Against NJ Ethics Officials

    The Third Circuit has refused to revive a disbarred attorney's suit against two New Jersey Office of Attorney Ethics lawyers, finding a district judge who recused herself from the case did not enter any substantive orders after granting the motion to recuse.

  • August 20, 2026

    2nd Circ. Says Justices' Remand Can't Save Immigrant's Case

    The Second Circuit rejected a Chinese citizen's bid to avoid removal after he pleaded guilty to theft by deception under New Jersey law and forgery under New York law, analyzing what "conviction" means after the U.S. Supreme Court remanded the case.

  • August 20, 2026

    Mich. Panel Rejects $2.5M Malpractice Suit Over Bank Debt

    An attorney failed to show a law firm and two lawyers derailed his efforts to settle a PNC Bank debt and caused him to ultimately pay more than $2.5 million, a Michigan appellate court has ruled, upholding the dismissal of his malpractice suit. 

  • August 20, 2026

    Under Armour Fights Ex-Supplier's Bid For Antitrust Appeal

    Under Armour wants to keep moving toward a November trial for an ex-supplier's tortious interference claims, arguing that a request to pause the case for an immediate appeal of trimmed antitrust allegations rested on the slim chance the Third Circuit would reverse dismissal of those claims.

  • August 20, 2026

    AmEx Waived Arbitration By Refusing Fees, 1st Circ. Says

    American Express forfeited its right to insist on arbitration in a proposed class action by merchants challenging the company's swipe-fee rules when it failed to pay its share of the arbitrator's fees, estimated to be $17 million, the First Circuit has ruled.

  • August 20, 2026

    Conn. Justices Let Parole Outcomes Impact Resentencing

    Judges at sentence modification hearings can consider the decisions of the state parole board as part of a broader array of evidence, the Connecticut Supreme Court ruled Thursday in turning down an appeal from an elderly convict who lost his bid for release from prison.

  • August 20, 2026

    9th Circ. Widens Arbitration Split, But Will High Court Step In?

    The Ninth Circuit issued a decision last week foreclosing the use of the legal concept that a dispute over the enforcement of an international arbitral award might be better heard elsewhere, contributing to a circuit split that could result in the U.S. Supreme Court finally addressing an issue it has previously eschewed.

  • August 19, 2026

    Firms Cut From $101M Anthropic Atty Fees Appeal To 9th Circ.

    Two law firms involved in securing artificial intelligence company Anthropic's $1.5 billion copyright settlement with a class of authors and publishers are appealing to the Ninth Circuit an order excluding them from attorney fees awarded to court-appointed class counsel.

  • August 19, 2026

    5th Circ. Tells FDA To 'Rethink' Rule Behind E-Cig Rejection

    The Fifth Circuit on Wednesday agreed with vaping companies that the U.S. Food and Drug Administration overstepped its authority when it repeatedly blocked approval of flavored e-cigarettes without a notice-and-comment period, holding that the repeated denials constitute a rule that the agency must "rethink" or readopt properly.

  • August 19, 2026

    Amazon Wants Full 9th Circ. To Rethink Block On Perplexity AI

    Amazon is pressing the full Ninth Circuit to consider a lower court's injunction preventing Perplexity's "uniquely reckless" artificial intelligence tool from purchasing items for users on Amazon, arguing that a panel erred in lifting the block earlier this month.

  • August 19, 2026

    German Entrepreneur's Dad Can't Nix SEC Tab, 1st Circ. Rules

    The First Circuit on Wednesday affirmed a judgment against the father of German billionaire Michael Gastauer, saying the parent "waited too long" to object to a lower court's personal jurisdiction over him as a relief defendant in a case concerning his son's alleged participation in an international pump-and-dump scheme.

  • August 19, 2026

    2nd Circ. Revives Signature Bank Investor Suit Against Execs

    The Second Circuit on Wednesday revived a shareholder lawsuit over alleged misstatements about Signature Bank's health ahead of its 2023 collapse, finding that a New York federal court was wrong to toss the case because securities fraud claims against the defunct bank do not transfer to the Federal Deposit Insurance Corp. as the banks' receiver.

  • August 19, 2026

    Abbott Deal Ends Appeal After $495M Baby Formula Trial Loss

    Abbott Laboratories Inc. has struck a deal with a family that won a $495 million judgment against the U.S. pharmaceutical company in a bellwether trial over claims that its baby formula caused a premature baby to suffer a disabling condition, after a midlevel appellate court upheld the win, according to court filings.

  • August 19, 2026

    1st Circ. Says Apellis Disclosures Weren't 'Half-Truths'

    A First Circuit panel on Wednesday affirmed the dismissal of a securities fraud lawsuit accusing Apellis Pharmaceuticals and some of its top executives of misleading investors about the safety testing of the company's eye drug Syfovre, finding no actionable claim the company told "half-truths" about potential side effects of inflammation that can lead to blindness. 

  • August 19, 2026

    3rd Circ. Urged To Revisit Arbitration Doctrine In Award Fight

    An asset management firm required to pay about $11 million in administrative fees and interest has asked the Third Circuit to reconsider its opinion upholding a doctrine under which arbitrators are barred from revisiting their prior decisions, saying it conflicts with binding Third Circuit precedent.

Expert Analysis

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • 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.

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