Appellate

  • October 07, 2026

    1st Circ. Seems Torn On DOJ Bid For Trans Care Records

    The First Circuit on Wednesday appeared divided over whether the Trump administration may access a wide array of documents related to gender-affirming care at Boston Children's Hospital, with judges asking pointed questions of lawyers on both sides.

  • October 07, 2026

    4th Circ. Says FCC Defied Congress Through Political Ad Rule

    A split Fourth Circuit panel Wednesday granted a request from Democratic candidates to force the Federal Communications Commission to issue a ruling on whether broadcasters may only charge the lowest possible rate for ads purchased by political committees attached to candidates.

  • October 07, 2026

    1st Circ. Presses NEA On 'Gender Ideology' Grant Criteria

    A First Circuit panel had sharp questions for the federal government Wednesday about its decision to disfavor National Endowment for the Arts grant applicants who "promote gender ideology," with one judge saying the arts program is supposed to be insulated from politics.

  • October 07, 2026

    3rd Circ. Upends Sandoz's $61.6M Award Against UTC

    A Third Circuit panel on Wednesday erased Sandoz Inc.'s $61.6 million award in a breach of contract case against United Therapeutics Corp., in a decision that sidesteps the major pharmaceutical company's request to reinstate a $137.2 million damages calculation that had been halved by the trial judge.

  • October 07, 2026

    8th Circ. Upholds $35,000 Costs Award In DAPL Protest Case

    An Eighth Circuit panel has upheld a lower court's award of more than $35,000 in costs to Morton County, North Dakota, and its officials in a challenge by an environmentalist who was severely injured by law enforcement during a protest over the Dakota Access pipeline.

  • October 07, 2026

    1st Circ. Skeptical Of Legal Basis For IRS-ICE Data Sharing

    The First Circuit repeatedly suggested during a hearing Wednesday that the Trump administration's use of a privacy exception in the tax code for criminal investigations to justify demanding tax records of noncitizens could allow it to target nearly anyone's private returns.

  • October 07, 2026

    Family Tells 5th Circ. Penske Can't Evade Crash Liability

    The family of a man killed in a Texas collision said a Fifth Circuit panel faithfully followed federal law when it revived its lawsuit alleging freight broker and trucking giant Penske is vicariously liable for the 2018 accident, and en banc review before the full court is unwarranted.

  • October 07, 2026

    Ga. Appeals Court Grapples With Nurses' COVID-Era Pay Fight

    A Georgia appeals court wrestled Wednesday with whether nurses who traveled to Florida for jobs at state-run COVID-19 testing sites were owed pay just for showing up in the Sunshine State — or if being assigned a shift triggered a staffing company's pay obligations. 

  • October 07, 2026

    Justices' Docs Should Belong To Public, Gov't Watchdogs Say

    Nearly two dozen government accountability groups are calling for Congress to enact a law that would make U.S. Supreme Court justices' papers government property that would someday be available to the public.

  • October 07, 2026

    Immunomedics Founder Says Deal Triggered $365M Pay Claim

    The founder of Immunomedics urged Delaware's highest court Wednesday to reinstate his roughly $365 million compensation claim against the biotechnology company, alleging Gilead Sciences Inc. became an "affiliate" when it bought Immunomedics for $21 billion and that his employment agreement therefore reaches Gilead's revenues.

  • October 07, 2026

    NC Panel Nixes Challenge To Confederate Memorial's Removal

    A nonprofit honoring Confederate soldiers has no standing to challenge the relocation of a Confederate monument to a local courthouse, a North Carolina Court of Appeals panel ruled Wednesday in affirming dismissal of the group's lawsuit.

  • October 07, 2026

    Mich. Judge Questions Push To Revive Abortion Restrictions

    A Michigan judge Wednesday called a state law requiring medical providers to give parenting information and a picture of a fetus to patients seeking an abortion a "hindrance" that is out of step with a voter-approved right to reproductive freedom.

  • October 07, 2026

    Late Notice Bars Roof Damage Coverage, 5th Circ. Affirms

    An insurer owed no coverage under a 2022 commercial property policy for damage that a Texas building sustained during a June 2018 hailstorm, the Fifth Circuit said, finding that the carrier was prejudiced by the property owner's four-year delay in providing notice.

  • October 07, 2026

    5th Circ. Backs DOL In Suit Over Withheld Plan Contributions

    The Fifth Circuit refused to upend the U.S. Department of Labor's win in a suit accusing a Louisiana contracting company executive of unlawfully keeping the insurance contributions deducted from employees' paychecks, rejecting his argument that he wasn't responsible for administering the company's benefit plans.

  • October 06, 2026

    AstraZeneca Takes Drug-Pricing Law Challenge To 4th Circ.

    AstraZeneca on Monday asked the Fourth Circuit to resurrect its suit challenging how the Centers for Medicare & Medicaid Services determines which drugs are subject to the landmark drug-pricing program, arguing that CMS is dodging limits on how many drugs can be selected by grouping some together.

  • October 06, 2026

    Racial Slur Bias Suit Revived By Calif. Justices Heads To Jury

    A Black San Francisco prosecutor's office worker was left debilitated when the city failed to take appropriate action after a co-worker called her a racial slur, her lawyer told a jury Tuesday, kicking off trial in a decade-long race bias suit that set precedent at the California Supreme Court.

  • October 06, 2026

    Tacoma Must Put Workers' Initiative To Voters, Panel Rules

    City leaders in Tacoma, Washington, have a duty to put a so-called Workers' Bill of Rights initiative to voters, a state appellate panel said Tuesday, holding in a published opinion that the city council failed to follow a charter provision requiring the council to "submit the proposal to the people."

  • October 06, 2026

    DOJ Says 12-Juror Rule Would Cause Unwarranted 'Upheaval'

    The U.S. Department of Justice on Tuesday urged the Supreme Court to uphold precedent allowing states to use juries of fewer than 12 people in serious criminal cases, saying overruling it could unsettle thousands of convictions and force many states to change their criminal procedure laws.

  • October 06, 2026

    Calif. Panel OKs Wells Fargo's Win In Sex Harassment Case

    A California appeals court has upheld the dismissal of a suit accusing a Wells Fargo supervisor of sexually harassing a coworker on a business trip, saying employers are not strictly liable under the Fair Employment and Housing Act for sexual harassment by a supervisor who lacks supervisory authority over the plaintiff.

  • October 06, 2026

    EPA's Climate Retreat Sidelined As Justices Weigh State Torts

    The Trump administration's recent moves renouncing its authority to regulate greenhouse gas emissions appear unlikely to sway the U.S. Supreme Court in deciding whether state and local governments can pursue climate change lawsuits against fossil fuel companies, attorneys say.

  • October 06, 2026

    1st Circ. Questions Need To Rule On Expired Harvard Visa Ban

    The First Circuit grappled Tuesday with what to do with an injunction blocking the Trump administration's long-suspended ban on foreign students from attending Harvard University, more than 10 months after the president's proclamation expired.

  • October 06, 2026

    Afghan UN Rep Tells Justices To Not Review Central Bank Suit

    Afghanistan's representative at the United Nations has urged the U.S. Supreme Court to reject requests by terrorist attack victims to review their cases seeking to secure funds held by Afghanistan's central bank, saying they cannot be compensated by the Afghan people. 

  • October 06, 2026

    Wrestler Asks Justices To Shield Her From Trans Opponents

    A high school wrestler asked the U.S. Supreme Court for emergency relief protecting her from competing against female-identifying students who are biologically male, after she said one such opponent sexually assaulted her during a match.

  • October 06, 2026

    DC Circ. Wary Of Hikvision Appeal Over FCC Device Denials

    Chinese device-maker Hikvision hoped to convince the D.C. Circuit Tuesday that the Federal Communications Commission doesn't have the authority to strip a company's existing authorizations for national security reasons, but the judges did not seem persuaded.

  • October 06, 2026

    1st Circ. Sees Gaps In Order Halting RFK's Vaccine Advisers

    A First Circuit panel on Tuesday puzzled over aspects of a lower court's order staying Health and Human Services Secretary Robert F. Kennedy Jr.'s appointments to a vaccine policy committee, with one judge saying he can't tell what authority the order was based on.

Expert Analysis

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

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