Appellate

  • June 15, 2026

    Justices Turn Down Judge Newman's Suspension Case

    The U.S. Supreme Court on Monday rejected Federal Circuit Judge Pauline Newman's effort to revive her lawsuit against her colleagues for suspending her, leaving intact a D.C. Circuit decision that her challenges to the order are not subject to judicial review.

  • June 12, 2026

    'Poor Lawyering': Walmart Flub Haunts Class Attys At 9th Circ.

    Amid warnings of a chilling effect on plaintiffs counsel, a Ninth Circuit panel Friday scrutinized six-figure sanctions against attorneys whose false advertising suit targeting Walmart Inc. collapsed because of crucial fine print in an avocado oil receipt.

  • June 12, 2026

    1st Circ. Revives Ricky Martin Song Suit Over Discovery Issue

    A split First Circuit panel Friday vacated a lower court's ruling in favor of Ricky Martin in a long-running copyright dispute over the pop star's 2014 FIFA World Cup song, finding the district court should have allowed for discovery in the case before making that call.

  • June 12, 2026

    Split DC Circ. Backs Venezuela's $108M Arbitration Order

    A divided D.C. Circuit panel affirmed Friday that Venezuela must pay a more than $100 million arbitral award to a Barbadian oil field investor, in an opinion that spends more than five pages rejecting points that U.S. Circuit Judge Justin R. Walker made in an even lengthier dissent.

  • June 12, 2026

    Gensler Tells 6th Circ. 'Sports Bets Aren't Swaps'

    Former Wall Street regulator Gary Gensler told the appeals court overseeing Kalshi's prediction market battle with Ohio regulators that Congress didn't intend for the U.S. Commodity Futures Trading Commission to become a nationwide sports betting regulator when it drafted swaps laws during his chairmanship of the agency.

  • June 12, 2026

    Oregon Athletes Appeal Title IX Class Cert. Denial To 9th Circ.

    Female student-athletes who were denied class certification in a Title IX lawsuit against the University of Oregon have asked the Ninth Circuit permission to appeal, saying a federal judge's decision was "riddled with legal and procedural errors."

  • June 12, 2026

    PTAB Again Invalidates Centripetal Patent In Cisco Case

    The Patent Trial and Appeal Board has again found that a Centripetal Networks cybersecurity patent that was part of a since-vacated multibillion-dollar judgment against Cisco Systems is invalid as obvious, after the Federal Circuit ordered the board to rethink an earlier invalidity ruling.

  • June 12, 2026

    Texas Justices Limit Seizures Of Land Lacking Public Use

    The Texas Supreme Court on Friday sided with a company seeking to repurchase land that the state condemned for a highway project but was no longer using, saying in a split opinion that the state isn't immune from claims to repurchase unused property.

  • June 12, 2026

    Academics Ask 2nd Circ. To Revive Publisher Conspiracy Suit

    Academic researchers are asking the Second Circuit to revive their proposed class action accusing six of academia's largest journal publishers of colluding to stifle their leverage and eliminate pay for peer review work, arguing the district court credited the publishers' "written rules" but "discarded" how those rules were implemented.

  • June 12, 2026

    9th Circ. Tells Serial Litigant App Developer No More

    The Ninth Circuit has said it does not want to hear any more from a serial litigant who has a bone to pick with tech behemoth Apple and a California federal court over the exclusion of an application for tracking COVID-19 cases from the App Store.

  • June 12, 2026

    11th Circ. Nixes 'Sophisticated' Money Laundering Sentence

    The Eleventh Circuit affirmed a prison term for a Florida man convicted of laundering drug proceeds, but remanded the case for resentencing after finding the lower court incorrectly determined that his scheme was "sophisticated." 

  • June 12, 2026

    Feds Drop Appeal To Preserve Trump Wind Permit Freeze

    The federal government has dropped its appeal of a Massachusetts federal judge's order last year blocking the Trump administration from freezing wind energy project permits, according to a filing with the First Circuit.

  • June 12, 2026

    4 Key Takeaways From 3rd Circ. Arguments Over AI Training

    The Third Circuit's first major encounter with artificial intelligence and fair use did not turn on futuristic hypotheticals, with a three-judge panel instead posing questions that have long defined copyright disputes over new technologies: what was copied, why was it used, and whether the new product served a different purpose or competed with the original.

  • June 12, 2026

    Ga. Court Won't Reinstate Suit Over Teen Worker's Death

    A Georgia appellate court affirmed the toss of a wrongful death action brought by the parents of a teenage construction worker who was killed when the heavy machinery he was operating rolled over, ruling that the state's Workers' Compensation Act bars the suit.

  • June 12, 2026

    2nd Circ. Backs Bankman-Fried's 25-Year Fraud Conviction

    The Second Circuit on Friday upheld Sam Bankman-Fried's conviction and an $11 billion forfeiture order in an opinion that found the ex-CEO's claims that he could have made FTX customers whole didn't matter in the face of the government's "robust" evidence of his role in the fraud that felled the cryptocurrency exchange.

  • June 12, 2026

    Texas Justices Take Up Exxon's $25M AIG Coverage Fight

    The Texas Supreme Court on Friday agreed to hear an appeal from Exxon Mobil Corp. seeking to force an AIG unit to pay $25 million of a $35 million settlement arising from a deadly 2013 explosion at Exxon's refinery in Beaumont.

  • June 12, 2026

    2nd Circ. Doubts Tax Plea Advice Misled Man On Deportation

    A skeptical Second Circuit judge on Friday told a Connecticut attorney to stop saying his client was "affirmatively misled" while pleading guilty to tax evasion charges, hinting a written plea agreement and verbal warnings from a federal judge were probably sufficient to advise the client he could be deported.

  • June 12, 2026

    Webuild Seeks Redo, Says Award Ruling Deepens Circuit Split

    Italian construction giant Webuild pressed the Third Circuit to reconsider its decision reviving a Chilean construction company's bid to enforce a $140 million arbitral award against it, saying the decision exacerbates confusion over whether minimum contacts are required to enforce a foreign arbitral award.

  • June 12, 2026

    NY Appeals Court OKs Officials' Inspections Of Hemp Stores

    A New York intermediate appellate court has reversed a lower court's decision to grant a preliminary injunction that blocked New York City and state authorities from conducting warrantless raids against hemp stores suspected of selling unlicensed cannabis.

  • June 12, 2026

    4 Questions As Gov't Appeals Illegal Tariff Refund Suit

    The government's appeal of an order requiring immediate refunds for tariffs that were deemed illegal by the U.S. Supreme Court earlier this year is the latest obstacle for importers forced to stall investments in new products and brace for a longer wait for their refunds in response.

  • June 12, 2026

    Court Orders Murder Retrial Over Landlord-Tenant Instruction

    An Arizona appellate panel on Friday threw out the murder conviction of a woman who shot her estranged boyfriend when he forced his way into the apartment they shared, saying the trial court gave improper jury instructions that biased jurors against her defense-of-premises defense.

  • June 12, 2026

    IRS Must Revisit Whistleblower Award Denial, DC Circ. Rules

    The D.C. Circuit said Friday that the Internal Revenue Service must reconsider a whistleblower's claim that her information helped the agency collect taxes on more than $31 million in corporate income, reversing a U.S. Tax Court ruling that sided with the IRS.

  • June 12, 2026

    Wash. Justices Uphold Repeat DUI Offender Gun Ban

    A 5-4 Washington State Supreme Court majority has found that two men who were prevented from owning firearms after being repeatedly convicted of driving under the influence did not have their Second Amendment rights violated by the restriction.

  • June 12, 2026

    6th Circ. Won't Rethink Decision On Co.'s Union Snub

    The Sixth Circuit won't revisit its decision upholding a finding that a Michigan builder violated federal labor law by ceasing to recognize and refusing to bargain with an established union.

  • June 12, 2026

    9th Circ. Says Kroger Shoppers 'Obtained No Relief' For Fees

    A Ninth Circuit panel refused to revive a consumer lawsuit challenging Kroger's since-blocked purchase of Albertsons, agreeing with a district court that the deal's abandonment renders the suit moot and the consumers have no claim to attorney fees as victors in wins scored by government enforcers.

Expert Analysis

  • High Court's Hikma Decision Reshapes 'Skinny Label' Suits

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    The U.S. Supreme Court's decision in Hikma v. Amarin marks a significant victory for generic drug manufacturers, but rather than putting an end to so-called skinny label inducement claims, it narrows and refocuses them, say attorneys at Sterne Kessler.

  • Opinion

    At High Court, Oil Cos.' Suncor Preemption Claims Fall Short

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    In Suncor Energy v. Boulder County, pending before the U.S. Supreme Court, oil and gas companies argue that municipalities' climate deception claims are equivalent to emissions standards for their industry — but the suit is ultimately incapable of imposing such standards, say Thomas McGarity at the University of Texas School of Law and James Goodwin at the Center for Progressive Reform.

  • 3 Disgorgement Questions Linger After Justices' SEC Ruling

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    While the U.S. Supreme Court’s recent decision in Sripetch v. U.S. Securities and Exchange Commission avoided placing new limits on the SEC’s disgorgement powers, it passed over several questions, including whether the commission can seek disgorgement when returning the money to investors isn't possible, says David Slovick at Kopecky Schumacher.

  • Checking For AI Errors Is Now A Two-Way Street

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    A handful of recent federal and state cases demonstrate the importance of checking for errors generated by artificial intelligence not only in your own court submissions, but also your opponent's, as well as when catching opposing counsel's AI mistakes could result in an award for attorney fees, says Tamara Barago at Hollingsworth.

  • Opinion

    Federal Circuit Should Implement Mini En Banc Process

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    To fulfill its mission of uniformity in patent law while avoiding the challenges of en banc hearings, the Federal Circuit should institute mini en bancs — allowing regular three-judge panels to exercise en banc powers unless a majority of the court says otherwise, says Joshua Sohn at the U.S. Department of Justice.

  • What's Next After Justices' Last-Mile Driver Arbitration Ruling

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    The U.S. Supreme Court's recent decision in Flowers Foods v. Brock, refusing to narrow the scope of a Federal Arbitration Act exemption for workers engaged in interstate commerce, gives previously unprotected workers access to litigation, but preserves two potentially powerful arguments for future proceedings, say attorneys at Husch Blackwell.

  • Series

    The Biz Court Digest: Shoring Up Corporate Law In Maryland

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    Launched more than 20 years ago to improve complex corporate adjudication, Maryland's Business and Technology Case Management Program has been a solid success in some areas, but there always is room for improvement, says Bill Krulak at Miles & Stockbridge.

  • How End Of SEC 'Gag Rule' Affects Free Speech Certiorari Bid

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    The Securities and Exchange Commission's recent rescission of the so-called gag rule, which forbade defendants in settlements from denying the SEC’s allegations, may sway the outcome of a petition to the Supreme Court in a case challenging the rule on First Amendment grounds, say attorneys at Troutman.

  • 2nd Circ.'s Embedded Video Ruling May Protect Publishers

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    The Second Circuit's recent decision in Richardson v. Townsquare, dismissing an infringement claim arising from an embedding of a YouTube-hosted interview, reaffirms a potent defense for publishers who regularly use social media platforms' embed functionality, says Amanda Harris at Jassy Vick.

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

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