Appellate

  • July 30, 2026

    Army Asks 4th Circ. To Rethink Boarding School Burial Ruling

    The U.S. Army wants the Fourth Circuit to rethink a decision that says it must return the remains of two Indigenous children from a former Indian boarding school cemetery to a Nebraska tribe, arguing that if not reversed, it will cause confusion, likely spur more litigation and slow repatriation.

  • July 30, 2026

    3M Wins 11th Circ. Bid To Fight PFAS Suit In Federal Court

    An Eleventh Circuit panel said a judge should have let 3M Co. fight an Alabama town's lawsuit over forever chemical contamination in federal court based on its defense that some pollution may stem from firefighting foams made for the U.S. military.

  • July 30, 2026

    9th Circ. Rules 401(k) Plan Arbitration Clause Unenforceable

    A split Ninth Circuit panel refused Thursday to force individual arbitration of a former asset management company worker's proposed class action alleging 401(k) self-dealing, ruling that an arbitration provision in retirement plan documents was unenforceable because it sought to nullify rights guaranteed by federal benefits law.

  • July 30, 2026

    DA Says Trump's NY Hush Money Conviction Must Stand

    New York prosecutors told a state appellate court that President Donald Trump's 34-count felony conviction for falsifying business records is "unaffected" by the U.S. Supreme Court's watershed presidential immunity decision and should be upheld.

  • July 29, 2026

    X, Ad Group End Fight Over Alleged Ad Boycott Scheme

    Elon Musk's X will no longer pursue its claims that the World Federation of Advertisers schemed to have advertisers boycott the social media company by cutting back on or stopping ad purchases, the company and advertising trade group announced Wednesday.

  • July 29, 2026

    9th Circ. Vacates Orrick Win In Stock Transfer Deal Dispute

    The Ninth Circuit on Wednesday reversed a lower court's finding that Orrick Herrington & Sutcliffe LLP can't be held liable in a battle over a stock transfer agreement gone awry, ruling that California law does allow a party to the transfer to pursue equitable indemnity in the case.

  • July 29, 2026

    2nd Circ. Backs Ex-Shkreli Atty's 401(k) Restitution Deal

    A New York trial judge erred in rejecting a retirement-fund garnishment deal that would have protected Martin Shkreli's convicted former lawyer from tax penalties, the Second Circuit ruled Wednesday.

  • July 29, 2026

    Split 10th Circ. Revives Class Bid In 'Safer' Cig False Ad Suit

    A divided Tenth Circuit panel ruled Wednesday that a lower court should not have denied class certification to consumers who claimed Santa Fe Natural Tobacco falsely implied its Natural American Spirit cigarettes were safer than others, saying the court erroneously rejected their damages model as common proof of causation and damages.

  • July 29, 2026

    1st Circ. Mulls Temu's Bid To Reinstate Suit Against IP Atty

    A First Circuit panel seemed torn Wednesday over whether to revive Chinese e-commerce giant Temu's lawsuit accusing an intellectual property attorney of lying to induce the company into settlements with two clients.

  • July 29, 2026

    NJ Justices Clarify New-Evidence Standards In Murder Case

    The New Jersey Supreme Court on Wednesday held that one of its opinions concerning requests for retrial due to newly discovered evidence has a higher threshold than the similar U.S. Supreme Court landmark case Brady v. Maryland.

  • July 29, 2026

    8th Circ Reverses Meth User Gun Case Over New Rulings

    The Eighth Circuit has reversed a Missouri man's gun conviction, finding that a decision earlier this year from the U.S. Supreme Court changes what kind of analysis is needed to decide whether to dismiss firearms-related charges filed against known drug users.

  • July 29, 2026

    10th Circ. Trims $20M Judgment In Wyo. Coal Royalty Row

    A Tenth Circuit panel said a Wyoming federal judge erred when she ordered Bridger Coal Co. to recalculate royalty payments to Wildcat Coal LLC going back to 1986 in a dispute over payments between 2016 and 2020.

  • July 29, 2026

    Calif. Court OKs $11M Verdict In Motorcycle Crash Case

    Los Angeles' publicly owned utility provider can't avoid an $11 million judgment after one of its van drivers caused a crash that left a motorcyclist with lifelong injuries, a California appeals court ruled, saying the city couldn't meet the "almost impossible" burden needed to prove the biker's "excessive speed" substantially caused the collision.

  • July 29, 2026

    Feds Say High Court Ruling Justifies Calif. Pipeline Oversight

    The Trump administration has told the Ninth Circuit that a recent U.S. Supreme Court decision clarifying federal arbitration jurisdictional boundaries backs its assertion that it has exclusive jurisdiction over the Santa Ynez pipeline system in California.

  • July 29, 2026

    Securities Class Actions To Watch: Mid-Year Report

    A trio of circuit court appeals tied to the class certification process in shareholder suits and a U.S. Supreme Court appeal that also touches on certification are among the cases that securities litigators are keeping an eye on in the second half of 2026.

  • July 29, 2026

    7th Circ. Flips Order Keeping 5 Baby Formula Suits In Ill. MDL

    The Seventh Circuit has reversed a district court's finding that five out-of-state necrotizing enterocolitis suits should stay in Illinois-based multidistrict litigation involving similar cases over allegedly harmful formula for preterm infants, saying the lower court went "far afield" in its fraudulent joinder analysis.

  • July 29, 2026

    Fla. DOH Worker Wasn't Fired For Blowing Whistle, Court Says

    A Florida appeals court on Wednesday affirmed the state's win against a former Florida Department of Health employee who claimed she was told to fabricate COVID-19 data, finding that she was not fired in retaliation for protected whistleblower activity.

  • July 29, 2026

    Fla. Panel Rules Against Firefighter Over Medical Cannabis

    A Florida appellate court on Wednesday sided with a county for terminating a firefighter-paramedic who tested positive for cannabis in a random drug screen, saying he wasn't entitled to a workplace accommodation for having a medical marijuana card.

  • July 29, 2026

    King & Spalding Told To End 'Shenanigans' In Bid To Exit Case

    The individual defendants in a $300 million fraud lawsuit have accused King & Spalding LLP of appellate "shenanigans" while it seeks to exit the case due to an alleged ethics conflict, claiming the firm has falsely denied representing corporate clients despite an attorney's appearance suggesting otherwise.

  • July 29, 2026

    Madigan Asks Supreme Court To Review His Bribery Verdict

    Former Illinois House Speaker Michael Madigan asked the U.S. Supreme Court on Wednesday to review his conviction on bribery, conspiracy and wire fraud charges, arguing that the "novel" theories behind his prosecution "stretch federal bribery law in ways that threaten to criminalize and chill lawful interactions between state and local officials and their constituents."

  • July 29, 2026

    Colo. Hospital Patients In Gender Care Suit Seek Class Cert.

    Transgender adolescents urged a Colorado state judge Wednesday to allow them to proceed as a certified class in their lawsuit seeking to have Children's Hospital Colorado resume providing gender-affirming care for them and other transgender youth patients, arguing the class is "objectively definable."

  • July 29, 2026

    Conn. Panel Says No Mistrial After 'Known Felon' Remark

    The Connecticut Appellate Court has ruled that a man convicted of conspiracy to commit murder was not entitled to a mistrial just because a police detective's testimony that DNA evidence in the case matched a profile for a "known felon."

  • July 29, 2026

    11th Circ. Leery Of Bid To Revive Citibank ATM Fee Bias Suit

    The Eleventh Circuit appeared skeptical Tuesday of customers' push to unwind Citibank's victory in a suit over a program that waives ATM fees at minority-owned banks, pressing the challengers on whether they had standing to bring the lawsuit. 

  • July 29, 2026

    9th Circ. Revives Biotech Worker's Pension Plan Suit

    The Ninth Circuit reopened a former Calbiotech Inc. scientist's lawsuit claiming the company unlawfully hid the existence of a pension plan, saying a trial court erred in concluding that a document specifying who was eligible to participate in the plan was legitimate.

  • July 29, 2026

    Manufacturer Can't Recoup Coverage For Gas Leak Losses

    A semiconductor manufacturer is not entitled to additional coverage for losses it incurred after a hydrogen chloride gas leak at one of its facilities, a Texas appellate court ruled, saying the company failed to show it suffered damages that exceeded its policies' deductible and were unrelated to excluded corrosion.

Expert Analysis

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

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