Appellate

  • July 21, 2026

    NJ Panel Backs Big Box Denial Over Traffic Study Gaps

    A New Jersey appellate panel on Tuesday reversed a lower court ruling that vacated a planning board's rejection of a proposed one-story, 161,000-square-foot big box retail project.

  • July 21, 2026

    Guam Group Says Air Force Can't Skip Review Of Detonations

    A nonprofit in Guam asked the U.S. Supreme Court to affirm a ruling that the U.S. Air Force shirked environmental review duties when it applied to renew a permit to detonate expired munitions, as well as reject the agency's attempts to avoid them.

  • July 21, 2026

    Wash. Tribe, Enviro Org. Say FERC Hydro Delay Imperils Sites

    A Washington tribe and an environmental group are asking the Ninth Circuit to deny a Federal Energy Regulatory Commission bid to hold a challenge against the agency's issuance of a hydroelectric license in abeyance, arguing that it won't stop the project from moving toward construction that will destroy resources.

  • July 21, 2026

    Minn. County Urges State Justices Review School Tax Break

    A Minnesota childcare center that missed a filing deadline related to a property tax exemption for educational institutions should not have been allowed to appeal the matter to the state tax court, a county told the state Supreme Court, urging it to review the case.

  • July 21, 2026

    4th Circ. Asks SC Justices To Weigh In On Heater Death Suit

    The Fourth Circuit has certified a question to the South Carolina Supreme Court in a suit alleging the defective design of a propane heater led to the death of a man using it, asking the justices to determine if adequate labeling precludes a defect claim under state law.

  • July 21, 2026

    DC Circ. Says NLRB 'Successor Bar' Conflicts With Labor Law

    A split D.C. Circuit panel said Tuesday that the National Labor Relations Board's practice of insulating unions from removal after businesses change hands defies federal labor law, applying a landmark 2024 U.S. Supreme Court ruling that scaled back courts' deference to federal agencies.

  • July 20, 2026

    Panel Revives Malpractice Suit Against Criminal Defense Atty

    A Washington state appellate panel Monday revived legal malpractice claims against a public defense attorney who failed to correct an erroneous sentencing document that placed his client on supervised probation, when a plea deal instead called for unsupervised probation.

  • July 20, 2026

    NJ Court Backs Utility In Motorist's Tree-Fall Injury Suit

    A New Jersey man who suffered a "catastrophic" spinal cord injury after a tree fell on his car while driving cannot pursue damages against Jersey Central Power & Light Co., a state appeals court ruled Monday, saying utilities have no duty to cut vegetation to keep passing motorists safe.

  • July 20, 2026

    4th Circ. Upholds Conviction Despite Closed Court Testimony

    The Fourth Circuit on Monday ruled that a North Carolina man was given a fair trial even though the courtroom was temporarily closed after a witness believed someone in the audience was trying to intimidate them.

  • July 20, 2026

    10th Circ. Backs Debt Collector In FCRA Identity Theft Dispute

    A Georgia-based debt collection company does not have to face a $500,000 jury verdict that it failed to reasonably investigate a disputed debt involving identity theft, the Tenth Circuit ruled Monday, joining other circuits in holding that it's up to the consumer to show the underlying information was incorrect.

  • July 20, 2026

    Filing Delay Dooms Mother's Traffic Stop Suit, 6th Circ. Finds

    A split Sixth Circuit panel has dismissed a woman's civil rights lawsuit alleging a Nashville police officer illegally arrested her and lied that she led him on a car chase with her son in the car, finding she waited too long to sue even though prosecutors withheld dispatch recordings that supported her story for years.

  • July 20, 2026

    DOJ Hints Russian Court Ruling May Not Stop $5B Award

    The Trump administration on Monday urged the D.C. Circuit to closely evaluate a Russian court's determination that an underlying arbitration agreement is invalid as it weighs whether to enforce a nearly $5 billion arbitral award against the Kremlin, saying circumstances surrounding the ruling should be a factor.

  • July 20, 2026

    4th Circ. Overturns Class Cert. In Boeing Investor Case

    The Fourth Circuit on Monday reversed class certification granted in an investor lawsuit against Boeing over the company's alleged concealment of safety issues with its 737 Max fleet, finding that neither the plaintiffs nor the lower court met the standards for certification set in a 2013 Supreme Court ruling.

  • July 20, 2026

    9th Circ. Says Age-Based Groups Are Immutable In Asylum Bid

    The Ninth Circuit Monday revived the asylum bid of a Mexican mother and her children who escaped masked men, saying an immigration appeals panel disobeyed its own precedent when rejecting an age-based social group she based her petition on.

  • July 20, 2026

    Scientist Seeks To Enforce Journalist's 2024 Contempt Order

    Yanping Chen, a scientist who accused an FBI agent of leaking her confidential immigration records to former Fox News correspondent Catherine Herridge, is asking a D.C. federal judge to finally enforce a yearsold contempt order against Herridge now that the appeals process has run its course.

  • July 20, 2026

    Denver Strip Club Says Officer's Suit Taints Labor Appeal

    A Denver strip club Friday asked a state court judge to prohibit a Denver Labor hearing officer from presiding over its appeal challenging $14 million in fines stemming from wage theft allegations, claiming the hearing officer is biased and didn't fully disclose her professional relationship with the Denver Labor director who hired her.

  • July 20, 2026

    7th Circ. Backs Printing Co. In $265M ESOP Sale Fight

    The Seventh Circuit won't revive a lawsuit claiming a printing company's directors and employee stock ownership plan trustee illegally undersold the business into private equity for $265 million, saying a lower court made no clear errors in throwing out the case.

  • July 20, 2026

    Mass. Panel Says Competing Atty Fee Awards Can't Be Offset

    Massachusetts' intermediate-level appeals court Monday determined that a housing court was wrong to offset attorney fees awarded to a landlord against fees granted to the tenant on the other side of a housing dispute, finding the awards should be entered as separate judgments to preserve the lawyers' rights.

  • July 20, 2026

    NJ Justices Call Land Swap An Abuse Of Eminent Domain

    The New Jersey Supreme Court ruled unanimously Monday that a municipality violated state law and constitutional limits when it condemned two privately owned parcels of land to trade them to a developer, holding that the town never intended to put the seized properties to public use.

  • July 20, 2026

    4th Circ. Remands Models' Image-Misuse Coverage Fight

    An insurance company's coverage dispute with a Virginia Beach restaurant accused by a group of models of misappropriating their images was sent back to the district court Monday by the Fourth Circuit to determine if the lawsuit became moot when the restaurant settled with the models.

  • July 20, 2026

    Vanda's NDA Rejection Challenge Can't Be Heard At DC Court

    A D.C. federal judge has said he no longer has jurisdiction to hear Vanda Pharmaceuticals Inc.'s challenge alleging the FDA violated the Appointments Clause by allowing a non-officer to exercise "signatory authority" and reject its new drug application for tradipitant, since Vanda went to the D.C. Circuit raising the same argument already.

  • July 20, 2026

    3rd Circ. Clears Supplier Of Safety 'Duty' In Fatal Explosion

    The Third Circuit ruled in a precedential opinion Monday that an industrial equipment supplier did not have a duty to provide safety training to civilian workers who were killed or injured by an explosion in a paint-mixing facility at an army depot.

  • July 20, 2026

    Wis. Village Can't Void Tribal Land Trust Order, 7th Circ. Told

    The U.S. Department of the Interior is asking the Seventh Circuit to reject a Wisconsin village's appeal that seeks to undo the agency's decision to place 500 acres into trust for the Oneida Nation, arguing that the municipality can't overcome Congress' power to regulate Indian affairs.

  • July 20, 2026

    Insurers Seek Clarity On Arbitration Estoppel Rules

    Another group of insurers is pressing the U.S. Supreme Court to resolve whether state or federal law applies when deciding whether a nonsignatory to an international arbitration agreement can force arbitration of a property damage coverage dispute, an issue they say is "of national and international importance."

  • July 20, 2026

    Grocery Chain To Shell Out $225K To Settle 401(k) Fee Suit

    A supermarket chain agreed to pay $225,000 to settle a proposed class action claiming the company allowed its 401(k) plan to be weighed down by excessive fees, according to a motion filed in New York federal court Monday.

Expert Analysis

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 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.

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