Appellate

  • July 09, 2026

    2nd Circ. Allows Suits Against Defunct $1B Fund's Underwriter

    Investors in a defunct $1 billion mutual fund can continue to pursue state court lawsuits against the fund's underwriter over the objections of the special master appointed to oversee the fund's reserves, the Second Circuit ruled on Thursday. 

  • July 09, 2026

    Transportation Cases To Watch: Midyear Report 2026

    Clashes over the Trump administration's bid to void California's vehicle emissions standards, federal restrictions on commercial drivers' licenses for foreign truckers and Boeing 737 Max securities litigation involving class certification standards are among the court battles that transportation attorneys are monitoring in the latter half of 2026.

  • July 09, 2026

    Conn. Justices Back Dem Leader's Ballot Fraud Conviction

    The Connecticut Supreme Court on Thursday affirmed the forgery and false statements convictions of Stamford Democratic party leader John Mallozzi, rejecting his claim that a judge should have allowed him to present an undisclosed, last-minute handwriting expert at his absentee ballot fraud trial.

  • July 09, 2026

    3rd Circ. Unsure DHS Can Deny Virtual Access For Detainees

    The Third Circuit seemed skeptical of the federal government's argument Thursday that it had no obligation to offer immigrant detainees virtual access to state criminal courts, questioning whether the U.S. Department of Homeland Security was denying detainees' rights to a speedy trial or access to evidence.

  • July 09, 2026

    Fla. Justices Back Toss Of Sham Publix Slip-And-Fall Suit

    The Florida Supreme Court on Thursday backed the dismissal of a woman's slip-and-fall complaint against Publix Supermarkets Inc., rejecting an appellate panel's use of a more stringent standard to determine if discretion was abused when tossing the lawsuit due to fraud on the court. 

  • July 09, 2026

    Photographers Group Rebuts Judiciary On Court Cameras

    The National Press Photographers Association pushed back on the federal judiciary's claims that allowing cameras in courtrooms would be problematic.

  • July 09, 2026

    Insurer Says Freight Cos. Blew Coverage Of $59M Judgment

    An insurer defending two freight companies as they appeal a $59 million personal injury judgment against them urged a New Jersey federal court to find they aren't owed any coverage because, the insurer alleged, they went behind the insurer's back by working with the injured motorist.

  • July 09, 2026

    Calif. Tribe Asks High Court To Revive Card Check Award Row

    A California Native American tribe has urged the U.S. Supreme Court to correct an arbitration award requiring it to follow the guidelines for union representation elections in its 2017 agreement with UNITE HERE, arguing that the award invalidated a tribal law that superseded the tribe's agreement with the union.

  • July 09, 2026

    NJ Justices OK Review Of Accuser's Mental Health Records

    A divided New Jersey Supreme Court ruled Thursday that a criminal defendant accused of sexually assaulting his niece made the rare showing required to obtain a judge's private review of the alleged victim's mental health records, finding a trial court properly applied the state's heightened discovery standard.

  • July 09, 2026

    Okla. Tax Officials Say McGirt Can't Upend Osage Ruling

    Oklahoma tax officials say the Osage Nation can't rely on a 2020 landmark U.S. Supreme Court ruling to overturn a decision that declined to vacate a 16-year-old determination that its reservation boundaries had been disestablished, telling the Tenth Circuit that the tribe's challenge is too late.

  • July 09, 2026

    5th Circ. Backs Cops In Texas Detainee Death Suit

    The Fifth Circuit has ruled that three police officers were correctly granted qualified immunity from a civil lawsuit alleging they were deliberately indifferent to a man in their custody who died as a result of a mistreated medical emergency.

  • July 09, 2026

    Colo. Panel Nixes Developer's $1.2M Atty Fee Award

    Colorado appellate judges held for the first time Thursday that a trial court's order denying a request for attorney fees is not final and appealable until the trial court resolves every party's fee request, siding with a property owners association's bid to reverse a developer's $1.26 million fee award.

  • July 09, 2026

    Supreme Court's Berk Med Mal Ruling Set For Test In Maine

    The U.S. Supreme Court's January ruling in Berk, which held that a federal plaintiff needn't follow Delaware's procedural rules for medical malpractice cases, is set for its first test in a Maine case in which healthcare provider defendants assert that the high court decision doesn't apply.

  • July 09, 2026

    Immigration Cases To Watch In The Second Half Of 2026

    After a series of blockbuster U.S. Supreme Court rulings greenlighting significant components of President Donald Trump's immigration agenda in the first half of the year, lower courts are poised to other test key policies, including the $100,000 H-1B visa fee, the administration's 75-country immigrant visa ban and the end of automatic extensions for expiring work permits.

  • July 09, 2026

    3rd Circ. Hints At Reviving $100M Verdict Against Caterpillar 

    The Third Circuit Thursday appeared skeptical of Caterpillar Inc.'s argument that a lower court's decision to vacate $100 million in damages awarded to a defunct equipment importer should stand, suggesting the heavy equipment maker's argument would foreclose new businesses from ever receiving lost profits.

  • July 09, 2026

    Sandoz's Patent Loss Blocks Antitrust Suit, 4th Circ. Told

    Retired U.S. Circuit Judge Paul R. Michel is backing Amgen against Sandoz's Fourth Circuit appeal, arguing in an amicus brief that the final say over now-nixed allegations of blocked biosimilar competition to arthritis drug Enbrel came when Amgen successfully sued Sandoz for patent infringement.

  • July 09, 2026

    IRS Asks 7th Circ. To Rehear $300M Hyatt Perks Tax Dispute

    The IRS asked the Seventh Circuit to reconsider its decision to remand a dispute over $300 million in Hyatt Hotels' loyalty rewards program fund to the U.S. Tax Court for it to determine whether the money can be excluded from taxable income under what's known as the claim of right doctrine.

  • July 09, 2026

    5th Circ. Says Workers Needn't Mitigate Emotional Damages

    Employees who prevail on sexual harassment claims under federal law don't need to take steps to reduce their emotional distress damages, the Fifth Circuit ruled Thursday, affirming a jury's award of compensatory and punitive damages against a regional airline in a case of first impression for the circuit.

  • July 09, 2026

    Wash. Justices Nix Live-In Caregiver Wage Exemption

    Adult family homes in Washington cannot use a state minimum wage exemption to deny wage-and-hour protections to caregivers who live where they work, the Washington Supreme Court ruled Thursday, holding the carveout unconstitutional as applied to workers in what it deemed a dangerous job.

  • July 09, 2026

    Full 7th Circ. To Hear Fla. Gender Care Suit, Drawing Dissent

    The full Seventh Circuit will hear Florida Attorney General James Uthmeier's initial appeal of a lower court's injunction blocking his state court lawsuit targeting medical groups' policies on youth gender-affirming care, drawing a dissent Wednesday from four judges who say the unusual move bypasses standard appellate procedure.

  • July 09, 2026

    3rd Circ. Questions Standing In DuPont, Corteva Appeals

    The Third Circuit on Thursday wrestled with whether to overturn a judge's verdict against chemical companies Corteva and DuPont in a suit from pensioners who claimed they were misled about how a merger and spinoff would affect their retirement benefits, with judges questioning the standing of individuals leading the suit. 

  • July 09, 2026

    Fed. Circ. Affirms AstraZeneca Win Over $107.5M Verdict

    The Federal Circuit on Thursday upheld a lower court's invalidation of a pair of cancer drug patents that a jury found AstraZeneca infringed, turning back a Pfizer unit's attempt to revive a $107.5 million verdict.

  • July 09, 2026

    Fed. Circ. Hunts For Definition Of Heat-Resistant Brick

    A Federal Circuit panel pressed attorneys Thursday on how to define specialized heat-resistant bricks when compared to a similar product while considering a claim that the U.S. Court of International Trade essentially nullified duty orders on bricks by reinterpreting a previous appellate court decision.

  • July 09, 2026

    10th Circ. Won't Revive Bias Claims Against Kansas Judge

    A Kansas court clerk was unable to revive her gender discrimination suit against a state court judge after the Tenth Circuit on Thursday affirmed the lower court's decision to grant Kansas summary judgment on the woman's claims.

  • July 09, 2026

    Colo. Panel Says EFAA Covers Bartender's Retaliation Claim

    A Denver strip club can't arbitrate a former bartender's claim that she was fired for lodging a lawsuit alleging a supervisor sent her unwanted messages, with a Colorado appeals court ruling Thursday that federal law barring arbitration of sexual harassment allegations applied to her entire case.

Expert Analysis

  • 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.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

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