Appellate

  • June 24, 2026

    Feds, Hemp Cos. Fight Over DEA's New HHC Rule In 2 Circuits

    The U.S. Drug Enforcement Administration and a pair of hemp product companies are butting heads in the Fourth and Ninth circuits over a newly enacted DEA rule expressly listing hexahydrocannabinol, or HHC, as a Schedule I substance under the Controlled Substances Act.

  • June 24, 2026

    How 3 Courts Are Approaching AI Adoption

    The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

  • June 23, 2026

    Kaiser Owes LA County Hospital $82M In Out-Of-Network Suit

    Kaiser Permanente's health coverage arm must pay more than $82 million to Pomona Valley Hospital Medical Center to cover unreimbursed emergency medical services, a California state judge ordered Tuesday, after a state appeals court backed a jury's verdict concerning payment for roughly 4,000 disputed medical service claims.

  • June 23, 2026

    Split DC Circ. Clears Expansion Of Expedited Removals

    A split D.C. Circuit panel on Tuesday allowed the Trump administration to move ahead with a plan to fast-track the deportation of more noncitizens, vacating a lower court's decision to put the plan on hold over what one judge called "woefully inadequate procedures."

  • June 23, 2026

    Paramount Urges High Court To Limit Video Privacy Lawsuits

    Paramount Global is calling on the U.S. Supreme Court to preserve a ruling that only consumers who directly subscribe to audiovisual goods and services can bring lawsuits under the Video Privacy Protection Act, arguing that a more expansive reading would allow plaintiffs to flood the courts and would wrongly "transform" the law into an "unworkable internet-privacy regime."

  • June 23, 2026

    High Court's Cisco Ruling Is A Win For Multinational Cos.

    The U.S. Supreme Court's decision Tuesday clearing Cisco in an Alien Tort Statute suit alleging it helped the Chinese government violate international law is a win for companies that do business in regions with possible human rights issues, experts tell Law360.

  • June 23, 2026

    BDSM Texts Don't Apply To Assault Trial, Colo. Justices Say

    The Colorado Supreme Court on Tuesday reinstated the conviction of a man who was found guilty of assaulting his wife over several days, with the high court finding that text messages the couple sent each other about their erotic fantasies were not relevant and thus inadmissible.

  • June 23, 2026

    FTC Tells 4th Circ. Court Got It Wrong In J&J Stelara Case

    The Federal Trade Commission has told the Fourth Circuit that a Virginia federal court messed up when it ruled in an antitrust suit against Johnson & Johnson that the company bringing the suit needed to show specific intent in order to prop up a monopolization claim over the immunosuppressive drug Stelara.

  • June 23, 2026

    Disney, Netflix Win Texas Cities' Franchise Tax Suit Again

    Streaming services companies including Disney and Netflix have again prevailed against multiple Texas cities accusing them of evading a state franchise tax, with a Texas appeals court reaffirming that the companies do not need to obtain franchise licenses.

  • June 23, 2026

    11th Circ. Mulls DOT Order Scrapping Delta, Aeromexico JV

    The Eleventh Circuit on Tuesday questioned whether the U.S. Department of Transportation sufficiently analyzed the competitive effects of Delta Air Lines' joint venture with Aeromexico — or considered alternative conditions — before ordering the airlines to dismantle their nearly decade-long partnership.

  • June 23, 2026

    9th Circ. Allows Airport Cleaning Co. To Arbitrate Wage Claims

    A company that offers janitorial services to airports can compel arbitration in a former employee's wage and hour proposed class action, the Ninth Circuit ruled Tuesday, reversing a California district court's determination that the arbitration agreement was unconscionable.

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

  • June 23, 2026

    9th Circ. Told Feds Can't Just Undo LA Cop's Conviction

    The dean of University of California, Berkeley School of Law, told the Ninth Circuit that a federal court in California is within its rights to refuse the federal government's request to drop already-tried charges against a Los Angeles County sheriff's deputy who was convicted by a jury of violating the constitutional rights of a Black woman during a shoplifting investigation.

  • June 23, 2026

    9th Circ. Judge Pans Live Nation's 'Unlawful' Arbitration Terms

    A Ninth Circuit panel on Tuesday expressed doubt about Live Nation's argument that a putative class action seeking refunds for a canceled 2022 festival belongs in arbitration, with one judge calling Live Nation's arguments "puzzling" and another judge saying she's disturbed to see a "blatantly unlawful provision" in its terms.

  • June 23, 2026

    Colo. Justices Weigh Late Jury Demand In Dust Dispute

    The Colorado Supreme Court grappled Tuesday with competing interpretations of state civil procedure rules surrounding whether a plaintiff can demand a jury trial in an amended complaint when one wasn't requested in the initial complaint at oral arguments.

  • June 23, 2026

    10th Circ. Revives Utah National Monument Challenges

    A Tenth Circuit panel on Tuesday revived challenges to former President Joe Biden's designations of hundreds of thousands of acres as parts of Bears Ears and Grand Staircase-Escalante national monuments, finding that the Antiquities Act puts discernible limits on the president's discretion.

  • June 23, 2026

    6th Circ. Won't Disrupt Professor's Pregnancy Bias Verdict

    The Sixth Circuit refused Tuesday to upend a $205,000 verdict in favor of a former Michigan Technological University accounting professor who said she was given a lower raise because she took maternity leave, saying a reasonable jury could conclude the dean improperly considered her pregnancy.

  • June 23, 2026

    Colo. Justices Uphold Antero's $215M Fraud Win

    A doctrine limiting tort claims over contract losses did not bar a fraud claim tied to a fracking wastewater treatment project, the Colorado Supreme Court ruled Tuesday, affirming a more than $215 million judgment for Antero.

  • June 23, 2026

    Colo. Justices Say Courts Can Order Condemnation Discovery

    The Colorado Supreme Court ruled Tuesday that trial courts have discretion to order discovery before immediate possession hearings in condemnation proceedings, finding a lower court erred in concluding it lacked that authority.

  • June 23, 2026

    Judicial Noms Still Say Biden Won In 2020 — Technically

    A group of judicial nominees, who earlier this month were the first of the Trump administration's nominees to say President Joe Biden won the 2020 election, reiterated in follow-up statements that Biden won the election "as a matter of law" — doubling down on what critics say is an equivocation on the election's outcome.

  • June 23, 2026

    Voyager Investors Appeal Toss Of Mark Cuban Crypto Case

    Investors of collapsed cryptocurrency brokerage Voyager Digital on Tuesday told a Florida federal judge they are challenging his order dismissing their claims against Mark Cuban and the Dallas Mavericks and his ruling denying the transfer of the case to Texas.

  • June 23, 2026

    11th Circ. Won't Revisit Torture Claims Outside Removal Order

    The Eleventh Circuit, in a split decision, has declined to review whether it should halt the removal of a Jamaican man claiming he faces torture in his home country, finding it does not have jurisdiction without reviewing the final removal order at the same time.

  • June 23, 2026

    Ga. Panel Keeps $1.8M Fall Verdict Against QuikTrip Intact

    The Georgia Court of Appeals upheld a $1.8 million jury award against QuikTrip Corp. in a slip-and-fall case, finding Tuesday the trial court rightly refused to cap damages at $75,000 or set aside the verdict as excessive.

  • June 23, 2026

    Conn. Justices Won't Hear Insurer's IVF Fraud Coverage Case

    The Connecticut Supreme Court has turned away an insurance company's appeal of a decision that said it can't rely on two policy exclusions to deny professional liability coverage to a fertility doctor accused of fathering two children by secretly impregnating patients with his own sperm.

  • June 23, 2026

    Green Groups Drop Pipeline Permit Appeal After Stay Is Refused

    Environmental groups' challenge to a discharge permit issued by the U.S. Army Corps of Engineers for work on a natural gas pipeline stretching across several Eastern states was voluntarily dismissed Monday at the Fourth Circuit.

Expert Analysis

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

  • O Brother, Where Art DAO? Jurisdiction Issues Abound

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    While there is a dearth of decisions examining a decentralized autonomous organization's citizenship for diversity jurisdiction purposes, Second Circuit case law has defined citizenship for other unincorporated entities, which may guide how courts evaluate an increasing number of cases involving DAOs, says Michael Mix at Morrison Cohen.

  • Protecting AI-Driven Innovation In Life Sciences IP

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    Recent developments, including the U.S. Patent and Trademark Office's evolving inventorship standards, and the impact of artificial intelligence on the "person of ordinary skill in the art" standard demand that life sciences companies elevate AI patent strategy to a top priority, says Sandra Haberny at Quinn Emanuel.

  • 2nd Circ. Ruling Notably Limits Sentencing Courts' Discretion

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    The Second Circuit’s recent decision in U.S. v. Dralle clarifies the bounds of sentencing courts’ ability to consider uncharged or co-defendant conduct without tying it to statutory sentencing factors, and it may have broader implications for limiting loss attribution in white collar and other criminal cases, say attorneys at Lowenstein Sandler.

  • 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.

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