Appellate

  • August 10, 2026

    Spa Fights 9th Circ.'s 'Swinging Dicks' Order At High Court

    The Ninth Circuit's rejection of a spa's religious objections to serving transgender customers is incompatible with several major precedents, according to a U.S. Supreme Court petition filed Monday in litigation that soared in prominence when dozens of circuit judges decried a salacious dissent.

  • August 10, 2026

    Drugmakers Lose 2nd Bid To Appeal Ex-Prosecutor DQ Rebuff

    A former Connecticut prosecutor and his current firm Lowey Dannenberg PC can keep representing insurers Humana Inc. and Molina Healthcare Inc. in an antitrust lawsuit against generic-drug makers, after the judge overseeing the multidistrict litigation rejected a second attempt to appeal her denial of disqualification.

  • August 10, 2026

    9th Circ. Backs Unum Win In Worker's Long-COVID Fight

    The Ninth Circuit on Monday affirmed an insurance company's win in an ex-worker's suit alleging his long-term disability benefits stemming from his bout with long COVID were wrongfully denied, upholding a district court's decision to back the insurer's denial based on the medical evidence. 

  • August 10, 2026

    9th Circ. Won't Revisit Kids' Suit Over Trump's Energy EOs

    The full Ninth Circuit on Monday declined to rehear a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs.

  • August 10, 2026

    CREXi Can't Stay CoStar Case For Quinn Emanuel DQ Appeal

    A California federal court rejected a bid Monday from Commercial Real Estate Exchange Inc., or CREXi, for a stay in CoStar's copyright case while CREXi looks to undo the disqualification of its attorneys from Quinn Emanuel Urquhart & Sullivan LLP.

  • August 10, 2026

    9th Circ. Backs City Of Tacoma In Pension Liability Rate Fight

    A Ninth Circuit panel sided with the city of Tacoma, Washington, in a pension fund dispute Monday, holding that a lower court correctly upheld an arbitrator's reassessment of the city's liability after it withdrew from the Western Metal Industry Pension Fund following the expiration of underlying collective bargaining agreements.

  • August 10, 2026

    9th Circ. Backs FDA's Denial Of Fruit-, Candy-Flavored Vapes

    The Ninth Circuit on Monday affirmed the U.S. Food and Drug Administration's denial of Drip More LLC's applications to sell candy- and fruit-flavored vapes, saying the company didn't show those flavors provide an additional benefit to adult smokers that justifies the added risks that young people will use the products.

  • August 10, 2026

    6th Circ. Says Police Chief Immune From Hemp Farmer's Suit

    A panel of the Sixth Circuit has ruled that qualified immunity shielded a small-town police chief from civil rights claims lodged by an Ohio man who had dreams of farming hemp, finding the officer had probable cause to search and impound the man's car and arrest him.

  • August 10, 2026

    Michel, Startups Back Injunction Bid In Samsung Patent Case

    Former Chief Federal Circuit Judge Paul Michel, patent law professors and a group of startup companies on Monday backed Collision Communications Inc.'s bid for a permanent injunction on Samsung products found to infringe its patents, saying courts have misread U.S. Supreme Court precedent.

  • August 10, 2026

    9th Circ. Backs Wash. In PacifiCorp Carbon Law Regs Fight

    A divided Ninth Circuit panel declined on Friday to reinstate PacifiCorp's claims that Washington's carbon emissions cap-and-invest program unconstitutionally increases electricity prices for its out-of-state customers, concluding that the power company has not plausibly alleged the targeted regulations discriminate against interstate commerce.

  • August 10, 2026

    Mexico Urges Justices To Take Up $47M Award Suit

    Mexico has asked the U.S. Supreme Court to take another look at the D.C. Circuit's opinion refusing to vacate a $47 million arbitral award issued to a Canadian lender, saying the justices need to establish a uniform standard to determine when a tribunal exceeded its powers.

  • August 10, 2026

    Okla. Co. Says Rig Seizure Claims Don't Need Redo

    An Oklahoma-based oil drilling company urged the U.S. Supreme Court not to disturb a D.C. Circuit ruling ordering Venezuela's state-owned oil company to face long-pending expropriation allegations, saying an underlying circuit split is too narrow to warrant the high court's attention.

  • August 10, 2026

    IBM Defeats Software Co. In Copyright Fight At 2nd Circ.

    A software company failed to persuade the Second Circuit to undo a federal judge's decision allowing IBM to dodge a copyright suit, with the appellate court on Monday agreeing the case was time-barred.

  • August 10, 2026

    Fed. Circ. Backs Axing Of Digital Chart Patents Under Alice

    The Federal Circuit on Monday said a California federal court was right to find that patents covering digital interactive charts are invalid under the U.S. Supreme Court's Alice decision, saying the patents "provide no meaningful limitation to the abstract idea" of creating charts.

  • August 10, 2026

    Ex-Altria Worker Gets Partial 4th Circ. Win In 401(k) Fight

    The Fourth Circuit revived part of an ex-Altria worker's suit claiming the company didn't move quick enough to liquidate his 401(k) assets so he could invest the cash in anticipation of a stock market bump, finding Monday he was improperly denied a contract document for the plan's record keeper.

  • August 10, 2026

    School Board Wins Appeal Over Football Game Fatal Shooting

    A New Jersey appellate court on Monday held that the Pleasantville Board of Education can't be held civilly liable for the death of a 10-year-old boy who was shot at a high school football game, ruling that the boy's estate was unable to demonstrate that the school board acted with deliberate indifference to any foreseeable danger.

  • August 10, 2026

    Meta Loses Appeal Days Before Social Media Trial Begins

    The Ninth Circuit said Monday it lacks jurisdictional authority over Meta's appeal in a social-media-addiction multidistrict litigation at this stage, saying Section 230 of the Communications Decency Act can provide a defense to liability but not immunity from a lawsuit.

  • August 10, 2026

    Fed. Circ. Won't Hit Refresh On Patent Claims Against Netflix

    The Federal Circuit on Monday refused to restore a content streaming patent Netflix was accused of infringing, agreeing with the Patent Trial and Appeal Board that an earlier patent rendered the claims of the patent invalid.

  • August 10, 2026

    11th Circ. Backs Unions In Members' Race Bias Suit

    The Eleventh Circuit upheld a win Monday for a pipe fitters union in a lawsuit alleging it routinely passing over Black journeyman pipe fitters for work assignments in favor of white workers, finding the claims failed to show that the unions had established discriminatory referral practices.

  • August 10, 2026

    11th Circ. Affirms Ga. University System's Win In Bias Suit

    The Eleventh Circuit on Monday upheld a win for the University System of Georgia in a disability discrimination case brought by a former respiratory therapy student who alleged he was improperly found to be endangering patients' safety and given a failing grade as punishment.

  • August 10, 2026

    Mich. Transit Authority Can Call County Atty In Board Dispute

    The Bay Area Transportation Authority may call a Grand Traverse County attorney as a witness in a dispute over appointments to its board, a Michigan appellate panel ruled, finding the attorney's late addition to the witness list would not prejudice the county.

  • August 10, 2026

    Fed. Circ. Reverses PTAB On Prior Art Issue Over Dental IP

    The Federal Circuit on Monday reversed a Patent Trial and Appeal Board decision that invalidated a group of claims in a Dental Monitoring SAS dental imaging patent, finding that a previous provisional patent application was missing a written description and thus can't be used as prior art.

  • August 10, 2026

    8th Circ. Nixes Native American Worker's Race Bias Suit

    The Eighth Circuit on Monday upheld a clinical research institute's defeat of a lawsuit from a former manager who said she was laid off because she's Native American, siding with the institute's assertion that she was let go for budgetary reasons because her position was funded with internal money.

  • August 10, 2026

    Fed. Circ. Reverses Ax Of Commerce Duty Review Deadline

    The U.S. Department of Commerce's 15-day preliminary deadline for indicating interest in a sunset review of duty orders is within the department's statutory authority, a Federal Circuit panel ruled, reversing a U.S. Court of International Trade ruling spiking the deadline.

  • August 10, 2026

    Mich. Panel Revives Sewage Damage Suits Over Service Fight

    Minor procedural variations in service do not warrant dismissal of a case as long as defendants are adequately informed of the pending litigation, a Michigan Court of Appeals panel said in a published opinion Thursday.

Expert Analysis

  • 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.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

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