Appellate

  • June 30, 2026

    Covington Beats Defamation Suit Over Soccer Abuse Report

    A Texas appellate court on Tuesday said the state's free speech law frees Covington & Burling LLP and the National Women's Soccer League from a defamation suit brought by a former Houston Dash coach over his inclusion in a report detailing purportedly abusive conditions in the sport.

  • June 30, 2026

    Tax Court Withheld Evidence In Easement Row, 10th Circ. Told

    The U.S. Tax Court's improper withholding of an appraiser report as evidence resulted in a flawed opinion last year that substantially slashed the value of a North Carolina conservation easement donation by 94%, the partnership donor told the Tenth Circuit.

  • June 30, 2026

    6th Circ. Says Insurers Needn't Cover Malpractice Suit

    A woman's legal malpractice claim against a Michigan law firm that represented her in a medical malpractice action is excluded under the firm's professional liability policies, the Sixth Circuit ruled, affirming the toss of her suit seeking to recoup coverage.

  • June 30, 2026

    Mass. Justices OK $258K In Late Estate Tax Penalties, Interest

    Penalties and interest of more than $250,000 on a Massachusetts estate tax bill paid nearly seven years late were reasonable and lawful, the state's top court affirmed Tuesday.

  • June 30, 2026

    High Court Sends 3 Roundup Cases Back After Monsanto Win

    The U.S. Supreme Court on Tuesday sent back several cases over claims that Bayer unit Monsanto Co.'s Roundup weed killer causes cancer, after the court last week delivered its ruling that state-based claims about a failure to warn on the weedkiller's labeling are barred by federal law.

  • June 30, 2026

    Justices Will Hear Challenges To Semiautomatic Rifle Bans

    The U.S. Supreme Court on Tuesday accepted Second Amendment challenges to semiautomatic rifle bans in Cook County, Illinois, and the state of Connecticut, combining two cases to decide whether the Constitution guarantees the right to possess AR-15-style weapons.

  • June 30, 2026

    Colorado Justices Reject Redistricting Ballot Measures

    The Colorado Supreme Court rejected two proposed ballot initiatives that would have temporarily replaced the state's current congressional map for the 2028 and 2030 elections, finding the measures improperly bundled multiple subjects into a single question for voters.

  • June 30, 2026

    Apple Gets High Court Review Of Epic Case Sanctions

    The U.S. Supreme Court agreed Tuesday to take up Apple's challenge to a California federal court contempt order against it for violating a ban, won by Epic Games, on company policies that barred app developers from steering users to outside payment options.

  • June 30, 2026

    Trump Loses Bid To Remove Copyright Office Leader For Now

    The U.S. Supreme Court on Tuesday refused to let the Trump administration remove U.S. Copyright Office leader Shira Perlmutter for now, leaving in place a D.C. Circuit order that allows her to keep leading the office while her lawsuit challenging her firing proceeds.

  • June 30, 2026

    High Court Scraps Caps On Coordinated Campaign Spending

    The U.S. Supreme Court on Tuesday struck down federal limits on political party spending in coordination with individual candidates, agreeing with a Republican-led challenge that the caps violate the First Amendment.

  • June 30, 2026

    Justices Strike Down Trump's Birthright Citizenship Order

    The U.S. Supreme Court on Tuesday thwarted President Donald Trump's attempt to limit birthright citizenship to babies born to parents with permanent ties to the United States, finding the 14th Amendment cannot be read that narrowly — a decision dissenting justices fear will jeopardize the country's future.

  • June 30, 2026

    Trump Nominates Just Confirmed La. Judge For 5th Circ.

    Judge Anna St. John has been on the federal bench for less than four months, and now she's being put forth for a higher court.

  • June 30, 2026

    Justices Allow States To Bar Trans Athletes From Girls' Sports

    The U.S. Supreme Court on Tuesday cleared the way for states to ban transgender athletes from competing in women's and girls' sports, ruling that the restrictions do not amount to discrimination on the basis of sex.

  • June 29, 2026

    High Court Gives Fed Independence A 'Fragile' Reprieve

    The U.S. Supreme Court has thrown its weight behind Federal Reserve independence by rejecting President Donald Trump's bid to immediately oust Fed Gov. Lisa Cook, but experts say the fight over central bank control may not be finished — just moving to a new phase.

  • June 29, 2026

    Volatility May Follow As Justices Make Agency Firings Easier​​​​​​​

    The policies and enforcement priorities of federal agencies may fluctuate more rapidly based on who is president, as a result of the U.S. Supreme Court's Monday decision finding that presidents have unlimited authority to fire members of independent agencies, experts told Law360.

  • June 29, 2026

    Calif. Firm Can't Arbitrate Ex-Clients' Sex-Abuse Deal Claims

    A California appellate court Monday said McGrath Kavinoky LLP can't arbitrate allegations it "bullied" two women into accepting a $374 million settlement for hundreds of clients claiming sexual abuse by a UCLA Health gynecologist, saying the firm's failure to obtain consent to the foreseeable conflicts made its engagement agreements unenforceable.

  • June 29, 2026

    Ore. Top Court Takes PacifiCorp Case As Judge Won't Recuse

    The Oregon Supreme Court has agreed to hear an appeal of a decision overturning PacifiCorp's classwide liability for wildfire damages affecting about 2,000 property owners, days after an appeals judge who did work for the utility in private practice declined to recuse herself.

  • June 29, 2026

    Wash. Panel Revives Claims Over Fertility Operation Injury

    A Washington appeals panel revived two claims against healthcare providers lodged by the family of a woman who suffered permanent brain damage as the result of an allergic reaction during an egg-retrieval procedure, ruling Monday that a lower court was wrong to toss the claims.

  • June 29, 2026

    Justices Look To Shed Light On Jury Role In Pepsi TM Battle

    The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

  • June 29, 2026

    Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

    The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

  • June 29, 2026

    9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

    An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Illinois Panel Says $2M Med Mal Deal Bars Hospital Liability

    A split Illinois appellate panel ruled Monday that a $2 million medical malpractice settlement between a patient and an emergency room doctor barred claims against a hospital, saying a clause in the settlement agreement didn't trump Illinois legal precedent.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Hospital That Halted Gender Care Must Show Cause

    A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

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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