Appellate

  • July 06, 2026

    10th Circ. Sides With Gas Wholesalers In Storm Price Hike Suit

    Residential natural gas customers can't pursue wholesalers under Kansas state law for profiteering from a winter storm that caused natural gas prices to spike, the Tenth Circuit ruled Monday, finding their claims federally preempted under the Natural Gas Act.

  • July 06, 2026

    Top Energy & Enviro Decisions Of 2026: Midyear Report

    The first half of 2026 saw the Trump administration's push to restrict renewable energy development hit judicial speed bumps and the U.S. Supreme Court potentially change the course of long-running cases that pit state governments against oil and gas heavyweights. Here are several court decisions that stood out for energy attorneys in the first half of this year.

  • July 06, 2026

    Chamber Urges 6th Circ. To Rule Against FDIC In Penalty Row

    The U.S. Chamber of Commerce has urged the Sixth Circuit to vacate a fine and industry ban leveled by the Federal Deposit Insurance Corp. against a former Michigan bank CEO, throwing its weight behind his challenge to the agency's use of in-house enforcement proceedings and pointing to the U.S. Supreme Court's Jarkesy ruling.

  • July 06, 2026

    NY Distillery Targets Wash. Liquor Sales Laws At 9th Circ.

    A New York distillery during a hearing Monday urged a Ninth Circuit panel to strike down Washington's liquor laws that allow only in-state producers to sell spirits directly to consumers, contending a lower court wrongly relied on case law around alcohol retailers — not producers — when it deemed the laws constitutional.

  • July 06, 2026

    Colo. Panel Says Prosecutors Must Be Heard On Sanctions

    A Colorado state trial court that dismissed a stabbing case as a sanction after prosecutors failed to turn over required discovery to defense attorneys in a timely fashion should have allowed opposition from prosecutors, a state appeals court said, reversing the dismissal.

  • July 06, 2026

    DOJ Urges DC Circ. Not To Freeze Medical Pot Rescheduling

    The U.S. Department of Justice has urged the D.C. Circuit not to grant a request to freeze a final rule rescheduling medical marijuana while opponents challenge the policy in a case in which various industry stakeholders are wrangling to participate.

  • July 06, 2026

    Supreme Court Lets Texas Age Verification Law Stand

    The U.S. Supreme Court on Monday gave a green light for the Texas attorney general to enforce a law requiring app stores to block minors from downloading apps without parental consent, dealing a blow to advocacy groups who hoped to stay enforcement of the law.

  • July 06, 2026

    11th Circ. Backs Feds' Use Of Accreditors In Education Funds

    The U.S. Department of Education can rely on private educational accreditors when allocating federal education dollars, the Eleventh Circuit ruled on Monday, rejecting the state of Florida's assertion that the process unconstitutionally gives these accreditors governmental power to determine funding eligibility.

  • July 06, 2026

    4th Circ. Revives Jamaican's Torture-Protection Claim

    A split Fourth Circuit panel said an immigration appeals board strayed from the appropriate review standard when it overturned removal protections granted to a man who feared he would be tortured or killed if deported to Jamaica.

  • July 06, 2026

    After Tense Terms, Hints Of High Court Harmony With Circuits

    Following several U.S. Supreme Court terms teeming with reversals and rebukes of lower appeals courts, the justices this term found fault less often with rulings by circuit judges, who are likely becoming better attuned to the conservative supermajority, attorneys say.

  • July 06, 2026

    The Moments That Shaped The Monsanto Decision

    U.S. Supreme Court justices forged unusual alliances when they ruled a federal statute preempts claims Monsanto failed to warn consumers its Roundup weed killer may cause cancer. Oral arguments provided insights on the 7-2 outcome, highlighting issues the jurists were grappling with and showcasing rationales that found their way into the opinion.

  • July 06, 2026

    The Funniest Moments Of The Supreme Court's Term

    When one of the U.S. Supreme Court's most talkative members suddenly struggled to speak, the atmosphere at oral arguments grew increasingly anxious — until the justice deadpanned that it was an advocate's golden opportunity to avoid a grilling.

  • July 06, 2026

    Pentagon Appeals Media Escort Ruling

    The federal government on Monday notified the D.C. Circuit that it is appealing a district judge's preliminary injunction blocking the U.S. Department of Defense's policy that reporters be escorted whenever they're in the Pentagon.

  • July 06, 2026

    Split 5th Circ. Backs Bond Hearings For Immigrant Detainees

    The Fifth Circuit has limited its recent decision permitting the federal government to subject unauthorized immigrants to mandatory detention without bond, finding such individuals are still entitled to an eventual bond hearing under their Fifth Amendment due process rights.

  • July 06, 2026

    Mass. Justices Want Explanation For Workers' Comp Rate Cut

    Massachusetts' highest court on Monday affirmed a decision by the state's insurance commissioner to reject proposed workers' compensation insurance rates but ordered the commissioner to explain the basis for decreeing a steeper rate cut. 

  • July 06, 2026

    Former NCR Execs' $48M Lifetime Benefits Deal Gets 1st OK

    Approximately 189 former NCR Corp. executives received a Georgia federal court's preliminary approval to their $47.7 million class action settlement resolving allegations the software company broke its commitment to periodically make annuity payments for life post-retirement, bringing the decade-long litigation closer to its end. 

  • July 06, 2026

    Blume Forte Beats Nagel Rice Bid To Undo Arbitration Win

    Blume Forte Fried Zerres & Molinari PC defeated a bid by Nagel Rice LLP to overturn a $56,000 arbitration award over a fee dispute between the firms before the New Jersey Appellate Division on Monday.

  • July 06, 2026

    Justices Find Middle Ground In Favoring Criminal Defendants

    The U.S. Supreme Court's criminal law rulings this term often sided with defendants, ruling in ways that defied simple conservative and liberal labels.

  • July 06, 2026

    NJ Bank Defeats Ex-Manager's Bias Suit Tied To Security Lapse

    A New Jersey appeals court ruled Monday that a bank was justified in firing a longtime branch manager who failed to ensure employees followed security protocols, rejecting her claims that the termination was motivated by age discrimination or retaliation.

  • July 06, 2026

    3rd Circ. Backs BNY In Ex-Portfolio Manager's Bias Suit

    The Third Circuit on Monday upheld Bank of New York Mellon's win in a Black former portfolio manager's race bias and retaliation suit, finding he failed to show his firing was racially motivated or that a reorganization masked retaliation for his complaints.

  • July 06, 2026

    Pa. Atty Suspended 3 Years Over Sexual Texts To Clients

    A Central Pennsylvania attorney agreed to a three-year suspension of his law license after admitting to having an inappropriate relationship with one client and sending sexually suggestive texts to another, according to orders Monday from the state supreme court.

  • July 06, 2026

    New Mortgage Triggered Notice Clause In Dog Track Loan

    Massachusetts' intermediate appellate court on Monday revived a private lender's breach of contract claims against the former owners of the Wonderland greyhound racing track, ordering a lower court to enter judgment in his favor.

  • July 06, 2026

    6th Circ. Affirms Late Forfeiture Order Despite Court Blunder

    A Sixth Circuit panel has upheld a Kentucky federal court's order requiring a veteran convicted of stealing government funds to forfeit more than $108,000, even though the lower court did not impose forfeiture until months after the sentencing hearing.

  • July 06, 2026

    Murdaugh Fights Clerk's Bid To Ax Jury-Tampering Suit

    A former court clerk found to have interfered in Alex Murdaugh's murder trial cannot escape civil claims over the tampering, the disgraced attorney told a South Carolina federal court, stating in an opposition that the clerk cannot argue her way out of the state Supreme Court's finding that she tampered with the jury.

  • July 06, 2026

    DHS Seeks To Pause Block On Voter Database Expansion

    The U.S. Department of Homeland Security is asking a D.C. federal judge to pause a ruling blocking its expansion of a database that allows states to screen voters while it appeals to the D.C. Circuit.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

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