Appellate

  • May 13, 2026

    Pa. School OK To Remove List Of 'Infamous' Strikebreakers

    A divided Pennsylvania appeals panel on Wednesday held that administrators at a Pennsylvania university were allowed to remove a list of "infamous" strike-breaking union faculty members from a public bulletin board, even though the posting itself was legally protected.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Florida Panel Orders Evidence Suppressed In Cockfighting Case

    A man convicted of cockfighting and animal cruelty should have had the evidence against him suppressed, a Florida appeals court found Wednesday, saying in a reversal that because the state couldn't provide proof that there was a warrant to search his property, nothing officers discovered there could be used.

  • May 13, 2026

    Arbitrators See Global Stakes In Trump BigLaw EO Fight

    Ahead of a D.C. Circuit hearing on Thursday in the Trump administration's effort to revive executive orders imposed against four BigLaw firms, an official at the College of Commercial Arbitrators told Law360 this week there are several things arbitrators are going to be watching for.

  • May 13, 2026

    Conn. Justices Unsure Foreclosure Rule Changed In 2022

    Connecticut Supreme Court justices expressed doubt Wednesday that a 2022 opinion silently overturned a decades-old standing rule in foreclosure cases, musing about whether the General Assembly's choice to stay on the sidelines and the standards of other states meant that the original decision was right all along.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Mich. Panel Revives FOIA Suit, Finds Defense Frivolous

    A Michigan appellate panel partly revived a Freedom of Information Act lawsuit against a Detroit-area prosecutor's office, ruling that the office failed to adequately justify withholding records related to threats against the prosecutor and her staff, while also finding that one of its legal defenses was frivolous and sanctionable. 

  • May 13, 2026

    Tesla Shareholders Appeal Suit Dismissal Tied To Texas Move

    Tesla shareholders, whose breach of fiduciary duty suit against Elon Musk and the automaker's directors was dismissed last month following the company's move to Texas, appealed the dismissal to the Delaware Supreme Court on Wednesday.

  • May 13, 2026

    10th Circ. Considers Fire Chief's Immunity In Termination Suit

    A Colorado fire chief urged the Tenth Circuit Wednesday to find a lower court erred in denying him qualified immunity after terminating a union president, with the three-judge panel questioning the relationship between the union's collective bargaining agreement and the U.S. Constitution's requirements.

  • May 13, 2026

    Fla. Law Makes Lyft Immune To Passenger's Assault Suit

    A Florida state appeals court ruled Wednesday that a state law shielding Lyft and other ride-hailing companies from liability bars a suit over a driver's alleged assault of a passenger, noting that the law's immunity provision is "very broad."

  • May 13, 2026

    Fla. Court Revives Killer's Bid Over Witness Recantation

    A Florida appeals court reversed a lower court's order denying a convicted murderer's motion for postconviction relief based on newly discovered evidence, ruling Wednesday that the trial court should have held an evidentiary hearing on the evidence.

  • May 13, 2026

    10th Circ. Doubts Bid To Undo Colo. Land Swap

    A Tenth Circuit panel appeared unsure that an appraisal of a land exchange between the federal government and a private landowner must be publicly disclosed under federal law, despite claims to the contrary from an attorney representing Colorado Wild Public Lands at oral argument Wednesday.

  • May 13, 2026

    Native Activist Urges Justices To Uphold Assault Ruling

    An Indigenous activist is asking the U.S. Supreme Court to deny a federal government petition that looks to overturn a Tenth Circuit decision that said he can't be convicted of simple assault under the Major Crimes Act, telling the justices that the government's "bizarre" arguments flout the law's plain text.

  • May 13, 2026

    Fed. Circ. Backs Google PTAB Wins That Moot $12M Verdict

    The Patent Trial and Appeal Board properly invalidated all claims of the five Flypsi Inc. telecom patents Google LLC was found to infringe, the Federal Circuit said Wednesday.

  • May 13, 2026

    Creek High Court Ends Freedmen Citizenship Contempt Bid

    The (Muscogee) Creek Supreme Court won't hold the tribe's citizenship board or executive branch in contempt over an order that gives citizenship to those once enslaved by the Indigenous nation, saying the governmental entities have shown that they're taking steps to comply with the directive, albeit slowly.

  • May 13, 2026

    Mass. Audit Fight Not Over As AG Is Ripped For Comments

    Massachusetts' auditor said Wednesday that she may file more litigation over her ongoing bid to audit the state legislature, sharply pushing back on statements by the state attorney general that suggested any review would be cabined.

  • May 13, 2026

    Split 6th Circ. Affirms $1 Damages In Touch Screen Tech Case

    A split panel of the Sixth Circuit has upheld a $1 damages award that a Michigan federal judge gave to electronics manufacturer Oldnar Corp., with two judges saying they agreed that Oldnar had not proved higher damages with reasonable certainty.

  • May 13, 2026

    11th Circ. Nixes Ala. Teacher's Bid To Redo Pay Bias Trial

    The Eleventh Circuit declined Wednesday to revive pay discrimination and retaliation claims from an Alabama public school administrator, rejecting her arguments that a defense verdict won by her school district could not stand.

  • May 13, 2026

    Samsung Secures Indemnity Win In IP Case At Fed. Circ.

    The Federal Circuit on Wednesday backed a California federal judge's ruling that a contract under which Finelite buys LED chips from Samsung does not require Samsung to indemnify Finelite in a patent suit by Seoul Semiconductor.

  • May 13, 2026

    Mass. Justices OK Lotto License Denial Over 'Moral Character'

    Massachusetts' highest court on Wednesday reinstated a decision by state regulators to deny a lottery license to the owner of several convenience and liquor stores based on a finding that he lacked "good moral character" despite being acquitted on rape charges.

  • May 13, 2026

    Florida Panel Bars 2nd Death Penalty Atty At Public Expense

    A man charged with murder can't have a free additional attorney appointed to defend him in a capital case, a Florida state appeals court said Wednesday, finding in a reversal that since he had privately paid for primary counsel, under state law, he couldn't have gratis help, despite now being indigent.

  • May 13, 2026

    Fed. Circ. Sides With Roku Over Axed Remote Patent

    A decision from the Patent Trial and Appeal Board that invalidated a patent covering remote control technology asserted against Roku Inc. was affirmed by the Federal Circuit on Wednesday.

  • May 13, 2026

    Fed. Circ. OKs Lululemon Win On Nike Fitness Tracking Patent

    A Federal Circuit panel on Wednesday, in a one-line order, affirmed the Patent Trial and Appeal Board's determination that Nike's infringement claims against Lululemon Athletica Inc. related to fitness-tracking technology were invalid.

  • May 13, 2026

    10th Circ. Skeptical Of Union's Early Retirement Suit Appeal

    The Tenth Circuit appeared skeptical Wednesday of an appeal from a Boilermaker-Blacksmith pension plan and its trustees in a dispute over early retirement benefits, with multiple judges seeming reluctant to overturn a Kansas judge's interpretation that the plan allowed non-boilermaker work after retirement, regardless of the employer's contribution status.

  • May 13, 2026

    6th Circ. Presses DOJ On Bid For Mich. Unredacted Voter List

    A Sixth Circuit panel on Wednesday questioned if a civil rights statute requires Michigan to turn over an unredacted statewide voter registration list to the U.S. Department of Justice, focusing on whether the law covers a modern, continuously updated voter database. 

Expert Analysis

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

  • Documenting Business Purpose After IRS' 10th Circ. Win

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    Following the Tenth Circuit’s recent Liberty Global v. U.S. decision, which held the economic substance doctrine does not require a threshold relevancy determination, taxpayers can prepare for potential audits by maintaining contemporaneous documentation and taking other steps that demonstrate the business purpose of transactions, say attorneys at Crowell & Moring.

  • Why White Collar Juries Resist 'Honest Mistake' Defenses

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    Cases like the bribery conviction of a Cincinnati City Council member recently vacated by the U.S. Supreme Court show juries often reject “I made an honest mistake” as a white collar defense, but attorneys who understand why jurors convict defendants who made reasonable but flawed decisions can strategize around this, says Jonathan Porter at Husch Blackwell.

  • High Court's Cox Ruling Leaves ISP Copyright Rules Intact

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    Though some commentators predicted a cataclysmic impact from the U.S. Supreme Court's recent decision in Cox v. Sony, in actuality the decision correctly maintains the status quo for internet providers' copyright infringement liability, says Courtney Sarnow at CM Law.

  • Banks Face Cloudy Rate Horizons As Opt-Outs Spread

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    Banks and fintechs are grappling with a fragmented, fast-changing consumer lending landscape as more states consider opting out of preemption under the Depository Institutions and Monetary Control Act, which may ultimately lead to a decrease in interstate lending and access to credit, says Marc Franson at Chapman and Cutler.

  • A Core Weakness In The Challenge To Birthright Citizenship

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    The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

  • 1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

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    The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

  • Building Codes Ruling May Inform AI Copyright Arguments

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    The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

  • Enviro Ruling And A New Law Signal Shift In La. Legacy Cases

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    Together, a Louisiana state court decision in WMH Farms v. Apache Corp. and an incoming statutory regime signal a sea change for legacy litigation in Louisiana, as courts make it harder to establish proof of contamination, and lawmakers narrow available remedies once contamination is proven, says Philip Wood at Jones Walker.

  • 2 AI Snafus Show Why Attys Can't Outsource Judgment

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    The recent incident involving Sullivan & Cromwell where citations in a filed motion were fabricated by artificial intelligence, as well as a punitive ruling from the Sixth Circuit in U.S. v. Farris, demonstrate that the obligation to supervise AI has belonged and always will belong to lawyers, says John Powell at the Kentucky School Boards Association.

  • Assessing The 9th Circ.'s Recent Stock Drop Dismissal Trend

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    The recent decision in Nova Scotia Health Employees' Pension Plan v. Comerica is an important circuit-level addition to the growing trend of Ninth Circuit securities class action dismissals on loss causation grounds, which have used a contextual analysis premised on stock drops that are modest, typical and short-lived, say attorneys at Paul Weiss.

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