Appellate

  • June 08, 2026

    PBGC Backs 'Full Value' Pension Exit Credits At 7th Circ.

    The Pension Benefit Guaranty Corp. urged the Seventh Circuit to reject a Teamsters pension plan's bid to reinstate a $23 million withdrawal liability bill against a concrete company, asking the court to endorse a methodology giving companies full credit for partial plan withdrawals if they later make a complete exit.

  • June 08, 2026

    Georgia Justices To Hear Atty's Claim Of Shady Solicitation

    The Georgia Supreme Court is set to consider a lawsuit filed by a Gainesville personal injury attorney against rivals he accused of stealing clients from other lawyers through dubious solicitation practices.

  • June 08, 2026

    Mich. Panel Keeps Detroit-Area Mayoral Candidates On Ballot

    Two candidates for mayor of a Detroit-area suburb will remain on the August primary ballot after a Michigan appellate panel rejected a challenger's allegations of defective identity documentation and campaign finance violations.

  • June 08, 2026

    7th Circ. Says Hotel Must Rehire Worker Fired Over Knife

    The Seventh Circuit on Friday affirmed an arbitration award requiring a Chicago hotel group to reinstate a union employee fired for displaying a knife at work, saying the arbitrator deemed the incident nonviolent and that courts can't second-guess an arbitrator's factual conclusions.

  • June 08, 2026

    Justices Pass On Mississippi Death Row Batson Dispute

    The U.S. Supreme Court on Monday denied a petition for certiorari from a Mississippi death row inmate, leaving in place a state court ruling rejecting his challenge tied to racially biased jury selection at his capital trial.

  • June 08, 2026

    Advocates Can't Bring Cocoa Labor Suit, Fed. Circ. Affirms

    A labor rights organization hasn't suffered the harm needed to bring a suit against U.S. Customs and Border Protection for not responding to a petition to ban U.S. chocolate producers from importing cocoa from the Ivory Coast, a Federal Circuit panel affirmed.

  • June 08, 2026

    Divided Supreme Court Nixes First Step Act Ruling

    A split U.S. Supreme Court on Monday threw out an appellate decision upholding a reduced sentence for a defendant in a drug trafficking and manslaughter case, adding to a string of recent decisions defining the scope of the First Step Act.

  • June 08, 2026

    Justices Won't Review Van Gogh Painting Recovery Dispute

    The U.S. Supreme Court said Monday it will not review a decision affirming the dismissal of a suit brought by a German Jewish art collector's heirs who sought to recover Vincent van Gogh's "Sunflowers" painting from a Japanese insurance company.

  • June 08, 2026

    Trump Taps DC Appeals Court Picks To Fill Final Vacancies

    President Donald Trump has announced two picks for the D.C. Court of Appeals, which will fill the remaining vacancies on the District of Columbia's top court.

  • June 08, 2026

    Seattle Fights Uber, Instacart Bid To Undo 9th Circ. Gig Ruling

    The city of Seattle urged the Ninth Circuit not to revisit a panel decision backing its app-based worker deactivation ordinance against a First Amendment challenge from Uber and Instacart, arguing the companies are trying to turn an ordinary worker protection law into a speech case.

  • June 08, 2026

    Top Court Turns Away Sentencing Disparity Appeal

    The U.S. Supreme Court declined Monday to hear the appeal of a man seeking early release from a life sentence for a drug offense, after ruling last month that reductions to mandatory minimum sentences cannot be cited as a reason for compassionate release.

  • June 08, 2026

    High Court Won't Hear Ex-GM Worker's Disability Bias Suit

    The U.S. Supreme Court declined Monday to take up a former General Motors employee's suit alleging the company wouldn't move her to a different position after an on-the-job injury, leaving in place a Fifth Circuit ruling that found she hadn't shown she could perform an open role.

  • June 08, 2026

    Justices Uphold 10th Circ. Native American Assault Rulings

    The U.S. Supreme Court won't overturn a pair of Tenth Circuit decisions that found that two Native American men cannot be convicted of simple assault under the Major Crimes Act after the federal government argued that the "senseless result" can't be reconciled with the law's plain text.

  • June 08, 2026

    High Court Won't Hear Florida Takings Case

    The U.S. Supreme Court declined on Monday to take up a long-running dispute between a city in the Florida Keys and landowners over increasingly restrictive zoning, leaving in place a decision that said the city failed to pay the owners properly after inversely condemning their property.

  • June 08, 2026

    High Court Won't Let Pa. AG Enter Grid Project Suit

    The U.S. Supreme Court on Monday rebuffed a plea from Pennsylvania's attorney general to let him intervene in Third Circuit proceedings that allowed an electricity transmission project to proceed despite having been rejected by state utility regulators.

  • June 08, 2026

    High Court Reopens Review Of DOE Furnace Efficiency Rules

    The U.S. Supreme Court on Monday vacated a D.C. Circuit decision that upheld Biden-era energy efficiency standards for furnaces and water heaters and ordered the circuit court to take another look in light of the Trump administration's intent to revise the rules.

  • June 05, 2026

    Fed. Circ. Asks If Co. Argued Capability Equals Infringement

    The Federal Circuit appeared to have doubts Friday morning about patent-licensing outfit PACT XPP Schweiz's position it had argued below that an Intel product could violate its patent even if it never performed an infringing action but was capable of doing so.

  • June 05, 2026

    NY Appeals Court Tosses Gun, Drug Plea Over Illegal Search

    A man sentenced to 16 years in prison had his guilty plea for drug and gun charges vacated after a New York state appeals court found that a trooper who searched his jacket pocket and discovered a gun had no right to frisk him in this manner.

  • June 05, 2026

    DC Circ. Backs CFTC Denial Of $147M Whistleblower Award

    The D.C. Circuit Friday affirmed the U.S. Commodity Futures Trading Commission's decision denying a former trader's bid for a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation, saying there's no evidence he was the original source on which the commission relied.

  • June 05, 2026

    HHS Can Issue Medicare Fines Without Jury, 4th Circ. Says

    The Fourth Circuit ruled Friday that the U.S. Department of Health and Human Services can seek monetary penalties from Medicare participants for violating program requirements without a jury trial, rejecting a Maryland nursing home operator's argument that Medicare participants are guaranteed that right.

  • June 05, 2026

    Rail Co. Loses DC Circ. Appeal Challenging State Forest Law

    The D.C. Circuit rejected Grafton & Upton Railroad Co.'s effort to preempt a Massachusetts town's claim over forest land the railroad wants to use for a new transloading facility, finding Friday that the federal Interstate Commerce Commission Termination Act doesn't preempt a state right-of-first-refusal law.

  • June 05, 2026

    Fed. Circ. Unsure Where State 'Bad Faith' Patent Cases Belong

    At arguments Friday in a dispute between Micron Technology Inc. and Netlist Inc., a Federal Circuit panel appeared uncertain whether suits under state laws against "bad faith" patent infringement claims belong in state or federal courts, analyzing the impact on patent law of each approach.

  • June 05, 2026

    9th Circ. Revives TCPA Suit Against Keller Williams

    The Ninth Circuit reinstated a proposed class action against Keller Williams Realty and an Arizona real estate solutions company over phone calls and texts asking a woman about selling her home, ruling she sufficiently alleged the communications at issue constituted solicitations prohibited under the Telephone Consumer Protection Act. 

  • June 05, 2026

    9th Circ. Revives Tribal Smoke Shop Owner's RICO Suit

    Officials with the Colorado River Indian Tribes must face a lawsuit brought by a smoke shop owner who claims they wrongfully evicted his business and stole its inventory, the Ninth Circuit ruled in a published opinion, saying tribal employees aren't automatically shielded by sovereign immunity.

  • June 05, 2026

    Wrong 'Social Distinction' Scope Upends Deportation Relief

    An immigration appeals board ruled Friday that the "social distinction" of a deportation relief seeker's proposed social group must be measured on a countrywide basis, vacating relief granted to a Honduran mother who claimed a gang threatened to kill her.

Expert Analysis

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

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