Appellate

  • July 31, 2026

    DC Circ. Rules Ute Tribe Can't Reclaim 1.5M Utah Acres

    A D.C. Circuit panel on Friday rejected a Utah tribe's bid to undo a lower court's ruling that said it has no compensable title to 1.5 million acres in Utah, saying the lack of that title means the oil field lands are not eligible for restoration under the Indian Reorganization Act.

  • July 31, 2026

    Trump Appeals Judge's Block Of IRS Settlement To 11th Circ.

    President Donald Trump will ask the Eleventh Circuit to overturn a Florida federal judge's order blocking a settlement deal that would have given him and others broad protection from federal tax audits and investigations, according to a notice filed Friday.

  • July 31, 2026

    Mich. High Court Tosses Murder Conviction Over DNA Test

    A man convicted of first-degree murder will receive a new trial after the Michigan Supreme Court ruled on Thursday that police violated the state constitution by testing blood on his pants without a warrant or his consent. 

  • July 31, 2026

    J&J's $25M Talc Appeal Can Advance, Conn. Panel Rules

    A Connecticut appeals court has advanced Johnson & Johnson's challenge to a $25 million talc trial judgment, denying a Massachusetts real estate developer's attempt to dismiss the appeal based on what he argued was a late-filed brief.

  • July 31, 2026

    Teck Asks Justices To Ax Wash. Tribal Cultural Loss Claims

    A Canadian mining company is asking the Supreme Court to reverse a Ninth Circuit ruling that revived Washington tribes' natural resource damages claims for alleged pollution of the Columbia River, arguing the appellate court upended an environmental cleanup statute's tradeoff between broad liability and limited remedies.

  • July 31, 2026

    Ala. Localities Can't Tax Only Railroads, 11th Circ. Says

    A federal court correctly ruled that Alabama localities could not impose sales taxes on rail carriers' diesel fuel purchases, because a corresponding state-level tax was found to be discriminatory and the authority to tax at the local level is granted by the state, the Eleventh Circuit said Friday.

  • July 31, 2026

    Corporate Settlors Can Owe Inheritance Tax, UK Tribunal Says

    The U.K.'s inheritance tax can apply to a corporate settlor of a trust when the trustees aren't domestic residents, the Upper Tribunal said Friday in a decision involving a company challenging its liability for the tax in relation to a Jersey trust.

  • July 31, 2026

    Split 3rd Circ. Says Pa. Town Wrongly Limited Jewish Worship

    A Northeast Pennsylvania town's zoning code placed unacceptable burdens on the religious exercises of an Orthodox Jewish congregation using two properties for worship, instruction and communal living, a split Third Circuit panel said in an opinion ordering the properties to be reopened.

  • July 31, 2026

    Pa. Panel Again Says 'Clickwrap' Arbitration Unenforceable

    The Pennsylvania Superior Court has reiterated that "clickwrap" arbitration agreements are unenforceable, holding in the case of an amusement park patron dissatisfied over a roller coaster closure that the inconspicuous digital disclaimers weren't enough to deny a litigant's right to a jury trial.

  • July 31, 2026

    Dad's Role In Smuggling Son Blocks Bid To Cancel Removal

    The Board of Immigration Appeals on Friday denied a Guatemalan man's efforts to stop his deportation, saying his alleged use of a smuggler to bring his child to the United States showed he was not a person of "good moral character."

  • July 31, 2026

    Fla. Tells 11th Circ. Migrant Transport Law Isn't Preempted

    Florida urged the Eleventh Circuit on Friday to reverse an injunction blocking a state law that criminalizes the transportation of immigrants living in the country illegally, arguing that the law's challengers are reading the state law too broadly.

  • July 31, 2026

    UK Estate Loses Inheritance Tax Break For London Offices

    The executors of a deceased man's estate are not eligible for a 100% inheritance tax break on his London-based serviced offices because they were an investment rather than a trade, the Upper Tribunal said in a judgment.

  • July 31, 2026

    Justices Asked To Clarify Arbitrator Bias Vacatur Rule

    The U.S. Supreme Court is being asked to clarify the standards under which an arbitral award can be vacated, in a petition that seeks to nix an award favoring a nursing home issued by an arbitrator who failed to disclose a previous censure over improper campaign contributions.

  • July 31, 2026

    Insulet Urges Full Fed. Circ. To Revive $59M Trade Secret Win

    Insulin product developer Insulet Corp. has asked the full Federal Circuit to hear its arguments for reinstating a jury's $59.4 million trade secret theft verdict against EOFlow Co. Ltd., saying a split panel decision overturning the award reached a timeliness issue that was not mentioned by either party.

  • July 31, 2026

    Fed. Circ. Says Sapphire-Backed Watches Must Face Duties

    Imported Richard Mille luxury watches with synthetic sapphire crystal case-backs cannot qualify for duty-free treatment, the Federal Circuit affirmed.

  • July 31, 2026

    1st Circ. Says Boston Outdoor Dining Rules Not Biased

    The First Circuit rejected claims by a group of restaurant owners in Boston's Little Italy that Mayor Michelle Wu singled them out for stricter enforcement and impact fees related to outdoor dining because they are predominantly white and of Italian descent.

  • July 31, 2026

    NJ Detention Center Access, Gun Liability: A Midyear Report

    As the second half of 2026 unfolds, New Jersey courts will grapple with disputes testing the limits of state authority and examining gun-industry accountability.

  • July 30, 2026

    Minneapolis' Former Top Public Defender Gets Disbarred

    The Minnesota Supreme Court on Wednesday disbarred Hennepin County's former chief public defender after he was convicted of felony tax evasion and found to have misappropriated client funds, calling his actions "the most serious types of attorney misconduct."

  • July 30, 2026

    9th Circ. Reverses Hologenix CEO's Tortious Interference Loss

    A Ninth Circuit panel reversed a $2.5 million judgment Thursday against Hologenix CEO Seth Casden by finding a district court erred in ruling the executive is not immune from a tortious interference claim while also reversing a Lanham Act disgorgement award totaling nearly $3 million.

  • July 30, 2026

    Split 4th Circ. Says NC Vape Sale Limits Pass Preemption Test

    A divided Fourth Circuit on Thursday refused to block a new North Carolina law that regulates and prohibits the sale of certain e-cigarette or "vape" products, saying a coalition of vape retailers and manufacturers are not likely to prevail on their theory that the statute is preempted by federal law.

  • July 30, 2026

    Enbridge Loses 7th Circ. Wis. Trespass Row, Gets $5.2M Redo

    The Seventh Circuit upheld a decision holding that Enbridge Energy is trespassing on Wisconsin tribal lands, but vacated and remanded a $5.2 million restitution order and timeline for a portion of the Line 5 pipeline's removal, saying the company needs a "reasonable opportunity" to complete the proposed reroute.

  • July 30, 2026

    Valve Scores Quick Appeal In Gamer Arbitration Clause Fight

    A Seattle federal judge on Thursday granted Valve Corp.'s bid for a quick appeal of an order declining to halt antitrust arbitrations brought by hundreds of individual gamers, pausing the litigation for the video game developer to seek the Ninth Circuit's input on whether the arbitrations can proceed under its subscriber terms.  

  • July 30, 2026

    Disney, Cameron Get 'Avatar' Sequels IP Suit Nixed, For Now

    A California federal judge Thursday tossed an author's suit accusing the Walt Disney Co., film director James Cameron and Cameron's production company of ripping off the author's work to create "Avatar" movie sequels, saying any substantial similarities between the works should be better fleshed out should the writer amend his complaint again.

  • July 30, 2026

    Tesla Tells Justices USPTO Is 'Gutting' Patent Reviews

    Tesla Inc. has become the latest company to ask the U.S. Supreme Court to review limits that the U.S. Patent and Trademark Office has put on patent challenges, arguing that the office is "gutting" the review system created by the America Invents Act.

  • July 30, 2026

    Health Plans Ask 2nd Circ. To Revive Celgene Cancer Drug Row

    Health plans and pharmacies backed by Cigna are asking the Second Circuit to revive a proposed class action alleging Bristol-Myers Squibb Co. and its Celgene subsidiary fraudulently obtained patents, filed sham lawsuits and paid off generic-drug makers to maintain a monopoly on the blockbuster blood cancer drug Pomalyst.

Expert Analysis

  • Fed. Circ. In May: Being Precise About 'About'

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    The Federal Circuit's decision in Enviro Tech v. Safe Foods last month illustrates the danger in attempting to expand claim scope with words of approximation, potentially causing claims to be invalid for lack of definiteness, say attorneys at Knobbe Martens.

  • Justices' FCC Fine Ruling May Weaken Agency Leverage

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    The U.S. Supreme Court's decision in Federal Communications Commission v. AT&T upheld the commission's forfeiture framework as consistent with Jarkesy, but it is also likely to reduce the effectiveness of the commission’s forfeiture proceedings as a collection and deterrence tool, say attorneys at Venable.

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

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