Appellate

  • May 20, 2026

    NC Tenants Fight For $9.5M Asset Freeze In Landlord Row

    A class of tenants at a multifamily property in Durham, North Carolina, urged a state appellate court to uphold an order barring their landlord from transferring proceeds from the possible sale of the property out of state, while they litigate a $9.5 million suit over conditions at the property.

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    8th Circ. Asked To Reconsider Video In Murder Appeal

    A man convicted along with his mother of murdering another man on the Cheyenne River Sioux Indian Reservation has asked the Eighth Circuit to rehear his case, arguing that footage of the killing shouldn't have been admitted due to gaps in the recording.

  • May 20, 2026

    Gang 'Type' Crimes Don't Link To Activity, Ga. Justices Say

    The Georgia Supreme Court has vacated a state appellate court ruling against a man convicted under a state gang prevention law, finding that a jury in his case was given an incorrect instruction on a central element of the law and how his conduct could be related to gang activity.

  • May 20, 2026

    Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

    Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

  • May 20, 2026

    Immigration Board Says Late Venue Shift Lacked Good Cause

    The Board of Immigration Appeals shifted a case involving Brazilian nationals back to Boston after finding the immigration judge granted a change of venue without proper consideration and should have limited off-the-record discussions.

  • May 20, 2026

    Conn. Justices Let Energy Cos. Challenge $1M Order

    A Connecticut trial court was wrong to dismiss a declaratory judgment claim from a group of electricity suppliers that a state regulator ordered to pay more than $1 million for missing renewable energy targets, the state's highest court held Wednesday in partially restoring the companies' case.

  • May 20, 2026

    2nd Circ. Pick Questioned At Hearing On Role As Trump Lawyer

    Matthew Schwartz, a nominee for the Second Circuit, was questioned by Democratic senators Wednesday about whether his current job as the president's personal attorney while his nomination process is underway poses a conflict of interest.

  • May 20, 2026

    Atlanta Law Firm Beats Attempt To Revive RE Malpractice Suit

    The Georgia Court of Appeals rejected an attempt to revive a malpractice suit filed against an Atlanta-based law firm for allegedly shoddy work on a title search in connection with a real estate property purchase, saying Wednesday the suit came too late.

  • May 20, 2026

    Aerospace Co.'s Bid Revived To Bar Alleged Secrets Use

    The Sixth Circuit has disagreed with a lower judge who declined to issue an injunction against an engineer accused of stealing trade secrets just before he left his old company for a rival, saying the facts "clearly weigh in favor of granting injunctive relief."

  • May 20, 2026

    Georgia Supreme Court Justices Fend Off Challengers

    Georgia Supreme Court Justices Sarah Hawkins Warren and Charlie Bethel persuaded state voters to give them new six-year terms on the state's highest court, withstanding bids to unseat them from former state Sen. Jen Jordan and attorney Miracle Rankin. 

  • May 20, 2026

    Uber Signals Appeal Of NC Bellwether Loss In Assault MDL

    Uber will appeal the verdict in a second bellwether case in which a jury found one of its drivers committed a battery against a North Carolina woman who claimed he sexually assaulted her during a trip in 2019, court records show.

  • May 20, 2026

    Cannabis Co. Founders Challenge Equity Ruling In Del.

    Attorneys for two ousted co-founders of a cannabis accessories startup told the Delaware Supreme Court on Wednesday that a lower court made a legal error when it handed their clients back shares in the company that wrongfully took them, arguing that cash damages, not a return of stock, are the only recognized remedy when corporate shares are converted.

  • May 20, 2026

    Mass. Justices Say Tax Law Not Basis To Block Bog Sale

    A Massachusetts law that lowers property tax rates on agricultural land does not grant standing to abutters seeking to unwind the sale of a Cape Cod cranberry bog to a developer, the state's highest court said Wednesday.

  • May 19, 2026

    VLSI Tells Fed. Circ. To Allow Whistleblower Report After FOIA

    VLSI Technology LLC urged the Federal Circuit Tuesday to unseal at least part of an anonymous whistleblower report that allegedly shows a connection between Intel Corp. and Patent Quality Assurance LLC, now that a copy has become public though the Freedom of Information Act.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 19, 2026

    7th Circ. Questions Bid To Revive Wis. Reverse Bias Suit

    A Seventh Circuit panel seemed skeptical Tuesday of four former Infosys Technologies employees' argument that a lower court should have considered their name-recognition expert's opinions before it issued a class certification denial and summary judgment ruling that tanked their reverse discrimination case.

  • May 19, 2026

    Concrete Co. Loses Challenge To Worker Wage Classification

    A concrete services company lost its challenge Tuesday to the way the Washington State Department of Labor and Industries classified its employees, with a state appeals court holding that L&I properly classified the workers as construction site surveyors who were owed higher wages.

  • May 19, 2026

    6th Circ. Rejects Mich. City Dispensary Co.'s Due Process Claim

    A cannabis investment company can't sue a city within metro Detroit for refusing to allow it to open a dispensary, the Sixth Circuit ruled, saying a local official's alleged promise to "grandfather" the company in, despite a ban on new retailers, can't supersede a city ordinance.

  • May 19, 2026

    She Has A Point: Sheppard's Michelle Replogle

    When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Premiums To Struggling Insurer Are 'Debts,' Conn. Panel Told

    PHL Variable Insurance Co. life insurance policyholders on Tuesday accused Connecticut's interim insurance commissioner of bankrolling the struggling insurer's rehabilitation by receiving millions without guaranteeing at least some payout, urging a state appeals court to reverse a trial judge's conclusion that premiums are not "debts."

  • May 19, 2026

    EU Says $40M Award Against Poland Can't Be Enforced

    The European Commission has told the D.C. Circuit that a Swedish court decision, which dismissed a $40 million arbitral award favoring a commodities trading firm, correctly set aside the award against Poland as incompatible with Swedish and European Union law.

  • May 19, 2026

    4th Circ. Revives Freight Broker Suit After High Court Ruling

    The Fourth Circuit on Monday revived a South Carolina widow's lawsuit alleging that freight broker Echo Global Logistics negligently selected the trucking company involved in the 2022 accident that killed her husband, days after a U.S. Supreme Court ruling established that freight brokers can face state-based tort claims.

Expert Analysis

  • How 2025 Recalibrated Fair Use For The AI Era

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    Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

  • How Mediation Can Lead To Better Environmental Settlements

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    The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.

  • How A 1947 Tugboat Ruling May Shape Work Product In AI Era

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    Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.

  • Opinion

    Faulty Legal Assumptions Obscure Police Self-Defense Law

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    As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.

  • 2026 Int'l Arbitration Trends: Tariffs Drive Transformation

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    In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.

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