Appellate

  • June 15, 2026

    Board Says Marriage Doesn't Justify Reopening Removal Case

    The Board of Immigration Appeals has rejected a Mexican national's bid to have the board reopen his removal proceedings fn its own accord following his marriage to a U.S. citizen, finding that he failed to show an exceptional situation.

  • June 15, 2026

    High Court Turns Down NY Gun Law Challenge

    The U.S. Supreme Court on Monday said it would not review a decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

  • June 15, 2026

    Judge Pauses Decision Blocking $100K H-1B Visa Fee

    A Massachusetts federal judge temporarily paused his ruling vacating President Donald Trump's $100,000 fee for certain skilled-worker visas while the government asks the First Circuit for a stay.

  • June 15, 2026

    Justices To Hear Whether Felony Cases Require 12 Jurors

    The U.S. Supreme Court granted certiorari Monday and a request to waive fees for an appeal asking whether a Florida chiropractor convicted by a six-member jury of felonies for practicing with a suspended license should have had a 12-person jury under the Sixth and 14th amendments.

  • June 15, 2026

    Justices Won't Review Ex-MGM Worker's Skin Color Bias Suit

    The U.S. Supreme Court declined Monday to revisit a former MGM resort employee's suit alleging she was fired for being a lighter-skinned African American, leaving in place last year's jury verdict in the company's favor.

  • June 15, 2026

    Justices Won't Review NLRB's Thryv Decision In Macy's Case

    The U.S. Supreme Court on Monday declined to consider Macy's challenge to a 2022 National Labor Relations Board decision that expanded the remedies the board can require employers to pay workers they unlawfully fire for union activity.

  • June 15, 2026

    High Court Won't Review Ga. Justices' Ruling On Runoff Fees

    The U.S. Supreme Court refused Monday to take up property owners' challenge of a Georgia Supreme Court ruling that left them on the hook for stormwater utility bills by classifying the charges as fees rather than taxation that the owners alleged was unconstitutional.

  • June 15, 2026

    Justices Won't Weigh Consumers' Role In Credit Checks

    The U.S. Supreme Court said Monday that it won't decide if companies can run a credit report before the potential customer initiates a transaction, denying the review bid by a woman who claimed a solar panel scam had saddled her with $100,000 in debt. 

  • June 15, 2026

    Supreme Court Skips Challenge To $168M Trade Secret Award

    The U.S. Supreme Court on Monday declined to review Tata Consultancy Services Ltd.'s challenge to a $168 million trade secret judgment for Computer Sciences Corp.

  • 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.

Expert Analysis

  • 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.

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 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.

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