Appellate

  • May 26, 2026

    Colo. Justices Say Debt Buyer Must Show It Owns The Debt

    A debt buyer seeking to collect a debt must attach to its complaint a writing that shows the debt buyer owns the debt, the Colorado Supreme Court said Tuesday in ruling for a consumer who incurred a $671.29 credit card debt.

  • May 26, 2026

    Air Force Urges Justices To Unravel Guam Munitions Ruling

    The U.S. Air Force has told the U.S. Supreme Court that the Ninth Circuit erred in holding that the military branch was required to comply with the National Environmental Policy Act before seeking to renew a permit to dispose of hazardous waste at Tarague Beach on Guam. 

  • May 26, 2026

    Ohio Panel Says Immigration Oversight Sinks Plea Deal

    An Ohio state appeals court on Tuesday ruled that an Uzbekistan national should be given a second shot at withdrawing his plea agreement after he claims his attorney did not properly explain the potential immigration consequences of his no-contest plea.

  • May 26, 2026

    Conn. Justices OK In-Court ID After Tainted Police Photo Array

    The Connecticut Supreme Court on Tuesday affirmed a man's murder and firearms convictions, ruling a trial judge properly allowed an eyewitness to point to the defendant in court after suppressing the same witness's earlier out-of-court identification as the product of "unnecessarily suggestive and unreliable" police questioning during a photo array.

  • May 26, 2026

    NJ Justices Revive Restaurant Franchise Fraud Conviction

    The New Jersey Supreme Court on Tuesday unanimously reinstated a businessman's theft-by-deception conviction on Tuesday, ruling that exculpatory documents purportedly discovered after trial could have been found earlier through reasonable diligence and warning that some of the submissions may be fraudulent.

  • May 26, 2026

    4th Circ. Shuts Down Suit Against PE Firm Over Plant Closure

    The Fourth Circuit refused Tuesday to reopen a proposed class action claiming a private equity firm violated federal laws by abruptly shutting down a manufacturing plant, ruling decades-old U.S. Supreme Court precedent barred the former workers from suing simply to collect on a judgment against the manufacturer.

  • May 26, 2026

    3rd Circ. Stay Blocks Khalil's Removal For High Court Appeal

    The Third Circuit on Tuesday granted former Columbia student Mahmoud Khalil's request to stay a split panel decision in his immigration case, blocking his detention and removal while he seeks to have the ruling reviewed by the U.S. Supreme Court.

  • May 26, 2026

    Amazon Shopper's Late Delivery Suit Flops At 9th Circ.

    A Ninth Circuit panel refused on Tuesday to reinstate a proposed class action accusing Amazon of failing to live up to scheduled delivery promises, echoing a lower court's conclusion that the e-commerce giant's terms and conditions don't entitle customers to automatic shipping fee refunds for late arrivals.  

  • May 26, 2026

    3rd Circ. Disapproves Of Judge's Quips In Fatal Crash Case

    The Third Circuit on Tuesday scolded a Pennsylvania federal judge for his "inappropriate attempted witticisms" while presiding over a lawsuit in which a parent blamed transportation companies for the deaths of his two children in a highway collision, saying the judge's "ill-conceived attempts at levity" in a fatal injury case could be misinterpreted by the public.

  • May 26, 2026

    Schools Fight New Lead Counsel, Cert. In Aid-Fixing Suit

    Five private universities that have yet to settle with students over the alleged fixing of financial aid offerings argued Tuesday that an Illinois federal judge should deny them class certification rather than allow them to tap different lead counsel after misrepresentations regarding one firm's purportedly contingent casework have come to light.

  • May 26, 2026

    8th Circ. Finds GE Exempt For Liability In $230M Fund Fight

    General Electric Co. does not owe $230 million in pension obligations to construction employees covered by a boilermaker-blacksmith fund, the Eighth Circuit affirmed Tuesday, finding in a published opinion that GE qualified for a withdrawal liability exemption since "substantially all" of the employees worked in the building and construction industry.

  • May 26, 2026

    6th Circ. Keeps Detroit Cops In Wrongful Conviction Suit

    A Sixth Circuit panel refused to shield two former Detroit police officers from key claims brought by two men who spent nearly 20 years in prison before their murder convictions were vacated, finding parts of the officers' appeal either lacked jurisdiction or failed on the merits.

  • May 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a broad mix of cross-border corporate control disputes, merger settlements, startup equity fights, advancement claims and board oversight litigation, while also weighing fallout from high-profile deals involving Microsoft Corp., The Boeing Co. and Nikola Corp.

  • May 26, 2026

    Tanger Says NC Justices Can't Review COVID Coverage Fight

    Tanger Outlets urged the North Carolina Supreme Court to toss its insurers' appeal of a decision allowing the retail outlet chain's suit seeking more than $50 million in pandemic-related coverage to proceed, saying the justices do not have jurisdiction to hear the dispute.

  • May 26, 2026

    6th Circ. Rejects Mich. Reproductive Rights Challenge

    Abortion opponents and several parents lack standing to sue top Michigan officials, the Sixth Circuit said Tuesday, affirming dismissal of a suit challenging the state's voter approved reproductive rights amendment.

  • May 26, 2026

    3rd Circ. Grants Tax-Evading Mushroom Farmer New Sentence

    The owner of a Pennsylvania mushroom farm will get a new sentence for failing to forward her workers' tax withholdings, after the Third Circuit ruled Tuesday that her sentencing guidelines should not have included an additional $1.8 million in taxes that her company failed to pay.

  • May 26, 2026

    Ga. Panel Reinstates Malpractice Suit Against Chiropractor

    A Georgia appeals court revived a medical malpractice suit accusing a chiropractor of causing an infection to spread by treating a patient based on an X-ray in which her spine was partially hidden, finding that an expert affidavit she filed should have kept the case in court.

  • May 26, 2026

    FTC Tells DC Circ. That Meta Monopoly Judge Botched Timing

    The Federal Trade Commission has urged the D.C. Circuit to revive its lawsuit accusing Meta of monopolizing personal social media through its purchases of WhatsApp and Instagram, arguing the district court wrongly held the question of monopoly to when the case went to trial, not when the FTC sued.

  • May 26, 2026

    9th Circ. Ruling Must End Land Transfer Suit, Copper Co. Says

    Resolution Copper Co. is asking a federal court to dismiss an amended religious freedom and constitutional challenge to a Tonto National Forest 2,500-acre land exchange that includes an ancient Apache worship site, arguing it recycles claims that the Ninth Circuit and U.S. Supreme Court have already rejected.

  • May 26, 2026

    Colo. High Court Says Broken Signal Waived City's Immunity

    The Colorado Supreme Court unanimously ruled Tuesday that the City of Colorado Springs isn't immune from a driver's lawsuit claiming the city was negligent for a car accident caused by a malfunctioning traffic light.

  • May 26, 2026

    11th Circ. Restores Mortality Table Case Against Energy Co.

    The Eleventh Circuit on Tuesday reinstated a proposed class action against a Southern Co. subsidiary from married retirees who said outdated life expectancy data caused them to lose out on benefits, holding that a lower court erred in ruling federal benefits law didn't require using reasonable actuarial assumptions in annuity conversions.

  • May 26, 2026

    9th Circ. Backs Reinstating DEI Grants Nixed By Trump

    The Ninth Circuit on Tuesday partially upheld a lower court's preliminary injunction and class certification orders in litigation from University of California researchers against President Donald Trump, backing the reinstatement of grants terminated due to presidential orders against diversity, equity and inclusion initiatives while reversing the injunction for those grants that were rescinded without explanation.

  • May 26, 2026

    Conn. Drug Price Law Still Allows Hikes, 2nd Circ. Told

    Wholesale distributors that abide by Connecticut's drug price cap law can hike the cost of their other products to ensure they don't suffer losses, the state told the Second Circuit Tuesday, raising the ire of the companies trying to invalidate the new statute.

  • May 26, 2026

    Calif. Atty Says Pot Rescheduling Keeps LA Appeal Alive

    A California attorney who has challenged state and local cannabis licensing policies across the country on the grounds that they discriminate against out-of-state players urged the Ninth Circuit not to dispose of his challenge to Los Angeles' social equity program.

  • May 26, 2026

    11th Circ. Nixes Release Terms In Fla. Fanny Pack Gun Case

    A split Eleventh Circuit ruled Tuesday that a written probation requirement that a Florida man obtain his GED and turn over his computer for inspection should be tossed because a federal judge failed to mention the requirements during an in-person sentencing hearing.

Expert Analysis

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

  • What Fed. Circ.'s Poultry Patent Ruling Says About 'About'

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    The Federal Circuit's recent decision in Enviro Tech v. Safe Foods highlights how approximation language in patent claims affects not only litigation outcomes, but also portfolio value, competitive positioning and prosecution strategy, say attorneys at Foley & Lardner.

  • Class Actions At The Circuit Courts: May Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from cases involving allegations of Title VII violations, the Employment Retirement Income Security Act, prison dental care violations and overcharging for PACER access.

  • Texas Ruling Makes Avoiding Appraisal Nearly Impossible

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    By deciding that a coverage dispute doesn't nullify an appraisal clause, the Texas Supreme Court, in its recent Ace American Insurance ruling, makes appraisal nearly unavoidable in state personal auto and residential property disputes, says David Winter at Norton Rose.

  • Series

    NY Times Word Puzzles Make Me A Better Lawyer

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    Every morning I let The New York Times humble me with word games, which offer a chance to recalibrate my brain before the day's chaos arrives and remind me that a solution — whether to a puzzle or employment law issue — almost always exists once I find the right angle, says Amy Epstein Gluck at Pierson Ferdinand.

  • Tracking Tech Suit Is A Risk Management Reminder For Cos.

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    The Fifth Circuit recently heard oral argument in Rand v. Eyemart Express — an appeal that could reshape the legal landscape for businesses that deploy tracking tech on their websites — underscoring the importance of proactive risk management for companies across multiple industries, say attorneys at Blank Rome.

  • Series

    Law School's Missed Lesson: Diagnose Before Arguing

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    Law school often skips over explicitly teaching students how to determine what kind of problem a case presents before they commit to a particular doctrinal path, which risks building arguments that are internally coherent but externally misaligned, says Melanie Oxhorn at Kobre & Kim.

  • A Fed. Circ. Blueprint For Drafting Medical Device Patents

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    The Federal Circuit's decision in Constellation Designs v. LG last month, among other recent rulings, underscores the importance of emphasizing engineering, rather than clinical goals, when drafting patent claims for medical devices and software as a medical device, says Brandon Theiss at Volpe Koenig.

  • Decoding Arbitral Disputes: EU's Arb. Defense From Russia

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    The EU's latest package of restrictive measures against Russia marks a significant shift from merely resisting Russian jurisdictional tactics to proactively protecting arbitration and exclusive jurisdiction agreements, elevating the procedural importance of dispute resolution clauses, says Josep Galvez at 4-5 Gray's Inn Square.

  • Becoming The Biz-Savvy GC That Portfolio Companies Need

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    Candidates for general counsel roles at private equity-backed portfolio companies should prioritize proving their sector-specific experience, commercial judgment and ease with uncertainty — and attorneys hoping to be candidates in five to 10 years should start working on those skills now, says Dimitri Mastrocola at Major Lindsey.

  • Nielsen Appeal Tests Antitrust Limits Of Pricing And Bundling

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    In Cumulus v. Nielsen, the Second Circuit is considering a structural pattern in which a monopolist exploits upstream market power to foreclose downstream competition, which could potentially offer broad insight into how courts will assess exclusionary bundling and pricing defenses under antitrust law, says Luke Hasskamp at Bona Law.

  • Series

    Judges On AI: How Courts Can Survive The Tech Revolution

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    Colorado Supreme Court Justice Maria Berkenkotter and Colorado Court of Appeals Judge Lino Lipinsky de Orlov discuss how artificial intelligence has already fundamentally altered the legal system and offer tips for courts navigating deepfakes, hallucinations and a gap in access to AI tools.

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