Appellate

  • July 16, 2026

    7th Circ. Shuts Down Fired Firefighter's Free Speech Suit

    The Seventh Circuit declined Thursday to revive a fired Chicago firefighter's suit claiming his free speech rights were violated when he was terminated over racially offensive Facebook posts, agreeing with the city that the racist nature of the posts undermined trust in public safety services.

  • July 16, 2026

    Wells Fargo, Ocwen Seek Win In ERISA Suit 2nd Circ. Revived

    Wells Fargo and Ocwen asked a New York federal judge for a pretrial win in a suit from union pension fund trustees accusing the companies of mishandling home loans tied to employee pension fund investments, after the Second Circuit partially knocked out the companies' earlier win in March.

  • July 16, 2026

    Mich. Appeals Panel Says Tax Sale Claims Must Follow Statute

    The Michigan Court of Appeals has affirmed a lower court's dismissal of a suit brought by former property owners seeking the return of surplus proceeds from tax foreclosure sales, saying in a published opinion the property owners did not follow the necessary statutory process when filing their complaint.

  • July 16, 2026

    Noncitizens Awaiting U Visas Not Entitled To Leave, Reenter

    The Eleventh Circuit said noncitizens who were victims of the Parkland high school shooting, and their families, are not entitled to leave and reenter the country while awaiting their special visas for assisting law enforcement in investigating the crime.

  • July 16, 2026

    11th Circ. Affirms Quarry Valuation Sank $23M Easement Perk

    A 103-acre tract's best alternative use is not an aggregate quarry, the 11th Circuit ruled Thursday, rejecting the valuation that supported a partnership's $23 million deduction claim for donating the Georgia property as a conservation easement.

  • July 16, 2026

    'Top Gun' Article Heirs Ask Justices To Review Similarity Test

    The heirs of the journalist whose 1983 magazine article inspired the original "Top Gun" movie have asked the U.S. Supreme Court to revive their copyright lawsuit over "Top Gun: Maverick" and resolve what they call a circuit split over how courts should compare allegedly similar works.

  • July 16, 2026

    5th Circ. Upholds Gun Ban Against Domestic Abuser

    The Fifth Circuit ruled that a man convicted of domestic violence cannot have his right to own a firearm restored despite the U.S. Supreme Court's expansion of gun rights in recent years, and that Congress did not exceed its constitutional authority by limiting his Second Amendment rights.

  • July 16, 2026

    NC Panel Tells State Bar To Rethink Ex-Judge's Suspension

    The North Carolina Court of Appeals has partially reversed a disciplinary order against a former state court judge facing a suspension of his law license for a string of alleged misconduct on and off the bench, finding certain professional violations he is accused of committing lacked evidentiary support.

  • July 16, 2026

    Calif. Tells 9th Circ. AI Disclosure Law Helps Consumers

    The state of California has pressed the Ninth Circuit to affirm a district court's decision denying xAI's injunction request against a state law requiring artificial intelligence companies to disclose what's included in training their models, saying the law advanced "an important governmental interest" in providing transparency to the public.

  • July 16, 2026

    Fed. Circ. Revives Commerce's Korean Steel Duty Findings

    The U.S. Department of Commerce can adjust its countervailable duty rate for a South Korean steel manufacturer by reconsidering earlier determinations, a Federal Circuit panel said Thursday, reversing a trade court ruling that made the department stick with its older findings.

  • July 16, 2026

    Mich. Justices Back Conviction Despite 'Medical Torture' Flub

    The Michigan Supreme Court has ruled that a child abuse expert for the prosecution should not have told jurors in a child abuse trial that she diagnosed a young victim with "medical torture," but it unanimously concluded that the error did not warrant a new trial because other evidence overwhelmingly supported the conviction. 

  • July 16, 2026

    NJ Panel Says Insurer, Not Driver, Owed Auto Damage Proof

    A New Jersey appellate panel held Thursday that the burden of proof was on an insurer, not a driver, in a coverage dispute stemming from a blown head gasket that rendered her vehicle inoperable, vacating the insurer's win and remanding for a new trial.

  • July 16, 2026

    3rd Circ. Partly Revives Hospitals' ERISA Suit Against Cigna

    The Third Circuit on Thursday revived some ERISA contract claims in a New Jersey hospital network's suit alleging Cigna underpaid out-of-network reimbursements by $114 million, but backed the dismissal of the network's fiduciary duty claims.

  • July 16, 2026

    Fed. Circ. Vacates $12.7M Copyright Award Against Gov't

    The Federal Circuit on Thursday vacated a $12.7 million copyright award against the federal government over unauthorized copies of software for a project on military health records, holding that the trial judge improperly relied on the project's later cancellation and awarded enhanced damages for willful infringement against the government.

  • July 16, 2026

    2nd Circ. Shields Switzerland From Credit Suisse Bond Suit

    In a published opinion Thursday, the Second Circuit affirmed the dismissal of a $372 million bondholder suit against Switzerland over the 2023 collapse of Credit Suisse AG and the reduction in value of $17.3 billion of debt securities, agreeing with a New York judge that the country is immune from being sued in U.S. district court.

  • July 16, 2026

    Pa. Appeals Panel Reinstates Union's FMLA Arbitration Win

    A Pennsylvania appeals panel on Thursday said a lower court was wrong to scrap an arbitrator's conclusion that a school district violated a collective bargaining agreement by forcing a teacher recovering from surgery to use leave guaranteed by federal law to cover her absence.

  • July 16, 2026

    8th Circ. Rejects Rehearing Bid Over Spotty Murder Video

    The Eighth Circuit won't rethink an order that upheld the sentences of a mother and son convicted of the murder of a man on the Cheyenne River Sioux Indian Reservation, after the pair argued that footage of the incident shouldn't have been admitted because of gaps in the recording.

  • July 16, 2026

    Blue-Slip-Backed Trump Judge Selections Advance

    The first two judicial nominations of the second Trump administration to receive supportive blue slips from Democratic senators advanced to the Senate floor Thursday.

  • July 16, 2026

    Nonprofits Back Ex-Defender's High Court Sex Bias Petition

    The Georgia Association for Women Lawyers and the Legal Accountability Project have asked the U.S. Supreme Court for permission to file an amicus curiae brief in support of Caryn Devins Strickland and her effort to get the high court to review her sex harassment case against the judiciary.

  • July 16, 2026

    Fed. Circ. Backs Canon PTAB Wins Over Inkjet Sensor Patents

    The Federal Circuit on Thursday upheld the Patent Trial and Appeal Board's decisions to invalidate all claims Canon had challenged in three Slingshot Printing patents covering chips and temperature sensors in inkjet printers.

  • July 16, 2026

    Immigration Board Clarifies Burden To Argue Bad Counsel

    The Board of Immigration Appeals has clarified the requirements to reopen removal proceedings due to ineffective counsel, saying a copy of a bar complaint and proof of its filing are needed, or an explanation as to why one wasn't filed.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 16, 2026

    3 Sitting Judges Eye Montoya-Lewis' Wash. High Court Spot

    Since Washington Supreme Court Justice Raquel Montoya-Lewis announced in January she wouldn't seek a second term on the high court, three sitting judges have entered the race for her open seat: a Seattle state trial court judge, a member of Washington's Court of Appeals and a superior court judge in rural Mason County.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

Expert Analysis

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • 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.

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