Appellate

  • August 06, 2026

    6th Circ. Slashes 'Egregious' Fee Award In Tax-Taking Suit

    Michigan attorneys representing plaintiffs in a tax foreclosure suit had their awarded attorney fees, which more than doubled the settlement they obtained in the case, slashed by a Sixth Circuit panel in a published opinion Thursday.

  • August 06, 2026

    The Dramatic Moments Set To Shape Tom Goldstein's Appeal

    Prurient revelations, brash recriminations and purportedly glaring judicial errors in Tom Goldstein's criminal case have captivated the appellate bar for nearly 19 months, and many of those moments will be center stage in the star attorney's imminent appeal.

  • August 06, 2026

    Ga. Drops Uber Tax Appeal After State High Court Loss

    Georgia's tax agency and Uber have settled their dispute over whether the ride-hailing company was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, the Georgia Court of Appeals said in an order Thursday.

  • August 06, 2026

    NJ Panel Limits Disclosure Of Pending Police IA Files

    A New Jersey appeals court has ruled that defense attorneys in the state are not entitled to specific evidence about internal affairs investigations against police officers who are planning to testify in criminal trials.

  • August 06, 2026

    Colo. Panel Says Ex-Commissioner Must Pay Own Atty Fees

    A former Colorado county commissioner must pay the nearly $6,000 she incurred in attorney fees for defending herself against county-triggered misconduct investigations, the Colorado Court of Appeals affirmed Thursday.

  • August 06, 2026

    ICE Appeals Teen Detention Rulings

    The Trump administration is appealing a D.C. federal judge's order barring U.S. Immigration and Customs Enforcement from immediately detaining unaccompanied immigrant minors once they turn 18 without individualized assessments.

  • August 06, 2026

    Conn. Justices Say 2022 Ruling Didn't Upend Foreclosure Law

    The Connecticut Supreme Court on Thursday allowed a decadeslong foreclosure case to proceed against the city of Hartford and a defaulted commercial mortgagor, rejecting claims that the justices had silently overturned a 1996 standing rule amid the proceedings.

  • August 06, 2026

    Judge Certifies Disney 'Toy Story 3' TM Fight For Appeal

    A California federal judge has certified for interlocutory appeal a ruling refusing to dismiss trademark claims over the "Toy Story 3" character Lotso, saying the long-running case raises an unresolved question about whether corporate affiliates' merchandising can deprive movie distributors of First Amendment protection for a character name used onscreen.

  • August 06, 2026

    NC House OKs Unpaid Suspensions For Judges Under Inquiry

    Republicans in the North Carolina House of Representatives have given the green light to a legislative proposal empowering the chief justice of the state Supreme Court to suspend trial court judges without pay if they're under investigation by the state Judicial Standards Commission.

  • August 06, 2026

    4th Circ. Says Mom Was Denied Fair Shot At Removal Relief

    A split Fourth Circuit panel said an immigration judge denied a Guinean woman's application for cancellation of removal without an adequate chance to show her removal would cause exceptional hardship for her two U.S. citizen daughters.

  • August 06, 2026

    11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

    The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructions meant the security company she worked for should get a new trial.

  • August 06, 2026

    Ute Tribe Says Ex-Energy Manager Can't Evade Tribal Review

    A tribe in Utah is asking the Tenth Circuit to deny a former energy manager's bid to have a 13-year breach of contract dispute heard before a federal court, arguing that because of his "delay tactics," a trial in Ute Indian Tribal Courts has not concluded.

  • August 05, 2026

    3rd Circ. Backs Arbitrators' Change To Investment Fee Award

    The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Texas Panel Cuts China Golf Cart-Maker From Fatal Crash Suit

    Litigation concerning a fatal golf cart rollover at a San Antonio country club that killed a passenger and severely injured another will have to proceed without the Chinese manufacturer as a defendant, a state appeals court ruled on Monday after finding Texas courts didn't have jurisdiction.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

  • August 05, 2026

    CREXi Wants 9th Circ. To Undo Quinn Emanuel CoStar Row DQ

    Commercial Real Estate Exchange Inc. doesn't want to replace Quinn Emanuel Urquhart & Sullivan LLP after a California federal judge disqualified the firm from defending a copyright infringement suit by CoStar, seeking Ninth Circuit intervention and a pause on the district court case.

  • August 05, 2026

    Stewart Says Patent System 'Crisis' Fueled USPTO Changes

    Coke Morgan Stewart, the deputy director of the U.S. Patent and Trademark Office who left the agency last week, said in an interview with Law360 this week that new limits on patent challenges and other policy changes she helped lead were driven by a sense that the patent system was in "a pretty significant crisis."

  • August 05, 2026

    Panel Rejects BMS Investor's Bid To 'Camouflage A Wolf'

    A New Jersey state appeals court said an investor's amended complaint over Bristol-Myers Squibb Co.'s $74 billion acquisition of Celgene Corp. was a wolf camouflaged in sheep's clothing, finding that the investor's claims of disclosure requirement shortfalls sounded more in fraud than negligence and failed to satisfy the heightened pleading standard required.

  • August 05, 2026

    NYC's Food Apps Data Law Goes Too Far, 2nd Circ. Says

    A New York City law that would require DoorDash, GrubHub and other delivery apps to share customer data with the restaurants fulfilling food orders violates the First Amendment, the Second Circuit ruled Wednesday.

  • August 05, 2026

    Fed. Circ. Backs Another Lululemon Win On Nike Patent

    The Federal Circuit on Wednesday refused to revive claims in a Nike fitness tracker patent challenged by Lululemon, affirming a Patent Trial and Appeal Board decision that the claims were invalid.

  • August 05, 2026

    Backing Penalty For 1st Misquote, Panel 'Stunned' By Another

    A solo practitioner in North Carolina sanctioned for misleading a trial court judge with a misquote in his pleadings "stunned" an appellate panel when he made yet another quotation blunder in his brief on appeal, according to a published opinion Wednesday affirming his punishment.

  • August 05, 2026

    Pa. Panel Says Screenshots Not Hearsay In Stolen Money Case

    A juvenile who was sentenced to be placed in a secure detention facility after stealing money electronically from his guardian cannot have his conviction overturned after a Pennsylvania appeals court ruled that screenshots showing money transfers in a banking app were not hearsay.

Expert Analysis

  • Inside Differing State Approaches To Prediction Market Taxes

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    As states adopt divergent approaches to prediction market platforms through both legislation and litigation, and the landscape is anything but settled, the emerging patchwork of state taxes on prediction markets presents novel questions about characterization, preemption and compliance, say attorneys at Holland & Knight.

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

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