Appellate

  • May 04, 2026

    Md. Hospital Had Duty To Warn Of Patient's Violent Statements

    A Maryland appellate panel has said the family of a woman killed by her husband days after he was sent home from psychiatric care can move forward with their wrongful death lawsuit, finding the hospital had a duty to warn those living with the man of homicidal statements he made during his inpatient treatment.

  • May 04, 2026

    Mass. Justices Uneasy Over Judge's Handling Of ICE Incident

    Massachusetts' top court on Monday appeared concerned that a state district court judge in 2018 offered to detain a defendant sought by U.S. Immigration and Customs Enforcement agents, as the justices considered a public reprimand.

  • May 04, 2026

    Justices Urged Not To Take Up Macy's Thryv Challenge

    Macy's Inc.'s challenge to a Ninth Circuit ruling upholding a National Labor Relations Board order to reinstate strikers misstates the controlling precedent and mounts an "academic" attack on the board's heightened remedies, the operating engineers said Monday in a brief opposing U.S. Supreme Court review.

  • May 04, 2026

    Orrick Partner Jumps To Pillsbury IP Team In LA

    A longtime Orrick Herrington & Sutcliffe LLP partner has joined the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, bringing years of experience in intellectual property litigation and expertise in the Copyright Act and Digital Millennium Copyright Act.

  • May 04, 2026

    Mass. Justices Hint Tax Cut Measure Summary Is Confusing

    Massachusetts' highest court on Monday was critical of the summary for a ballot proposal to reduce the state income tax during a trio of oral arguments on voter initiatives, including separate measures to repeal recreational marijuana legalization and to eliminate one-party primary elections.

  • May 04, 2026

    Conn. Justices Scoff At Shooter's Self-Defense Claim

    The Connecticut Supreme Court on Monday upheld the murder conviction of a man who claimed prosecutors failed to disprove that he acted in self-defense, and declined the defendant's request to adopt what the justices called a "more flexible standard" for instructing a jury on lesser included offenses.

  • May 04, 2026

    Noncitizens Sue Texas Over Arrest Law After 5th Circ. Ruling

    Two noncitizens filed a proposed class action Monday in federal court seeking to block parts of Texas' migrant arrest law from taking effect, less than two weeks after the full Fifth Circuit ruled that immigrant-rights groups and a Texas county lacked standing to challenge the law.

  • May 04, 2026

    1st Circ. Skeptical Of Challenge To CDC Puppy Import Ban

    A panel of First Circuit judges on Monday seemed dubious of a challenge to a U.S. Centers for Disease Control and Prevention ban on the import of dogs younger than 6 months old, saying the agency seems to have multiple bases for the new rule.

  • May 04, 2026

    Kalshi 'Swimming Upstream' In Appeal, Mass. Justices Say

    Prediction market KalshiEX may be facing long odds in its effort to convince Massachusetts' highest court that its sports-related offerings are governed by federal commodities regulators and not subject to state gaming laws, several justices suggested Monday.

  • May 04, 2026

    4th Circ. Says Abortion Protester Doesn't Deserve Jury Trial

    An abortion protester who blocked the doors to a Columbia, South Carolina, clinic did not have the right to a jury trial because the crime, for which he was sentenced to six months in jail and fined $1,000, was not serious enough to warrant it, a Fourth Circuit panel said.

  • May 04, 2026

    2nd Circ. Bars Out-Of-State Drivers In Bimbo Bakeries OT Suit

    Out-of-state delivery drivers can't pursue their wage claims against Bimbo Bakeries in a Vermont federal court, the Second Circuit ruled Monday, finding their claims aren't tied closely enough to the company's activities in the state.

  • May 04, 2026

    DOJ Seeks To Freeze Jan. 6 Civil Suits Against Trump

    The U.S. Department of Justice is calling for a halt to discovery in consolidated lawsuits against President Donald Trump over his involvement in the January 6, 2021, attack on the U.S. Capitol while the D.C. Circuit decides whether he should be immune from the litigation.

  • May 04, 2026

    1st Circ. Hints Justices May Settle Immigrant Bond Fight

    The First Circuit on Monday weighed a challenge to the Trump administration's policy of detaining unauthorized immigrants without bond during removal proceedings, even as one judge noted that the issue has already divided appellate panels and will likely need to be sorted out by the U.S. Supreme Court.

  • May 04, 2026

    Fed. Circ. Won't Restore Poultry Treatment Patent Suit

    The Federal Circuit on Monday refused to revive a lawsuit accusing a unit of food safety company Fortrex of infringing a patent on a way to treat poultry, agreeing with an Arkansas federal judge that a key word in the patent wasn't properly defined.

  • May 04, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled a wide-ranging docket of deal disputes, advancement fights, stockholder suits and contract claims, with several matters turning on timing, forum limits and the remedies available when transactions or governance agreements break down.

  • May 04, 2026

    Justices Won't Review Dismissal Of Inmate's 'Malicious' Suit

    The U.S. Supreme Court on Monday declined to review a pro se lawsuit brought by a man incarcerated in Florida against a nurse he accused of denying him medical care, leaving intact lower court rulings that dismissed his action as "malicious" and were later affirmed on separate grounds.

  • May 04, 2026

    Supreme Court Halts Abortion Drug Telehealth Ruling

    The U.S. Supreme Court on Monday temporarily reinstated telehealth access for the abortion medication mifepristone, pausing a lower-court order that had blocked by-mail and remote prescriptions.

  • May 04, 2026

    Justices Won't Hear Anti-Vaxxer Medical Board Suit

    The U.S. Supreme Court on Monday said it will not review a petition brought by Health and Human Services Secretary Robert F. Kennedy Jr. on behalf of doctors who challenged a Washington state medical board's investigation into an alleged COVID-19 misinformation campaign.

  • May 04, 2026

    Justices Rebuff BNSF Bid To Curb Post-Mallory Forum Shopping

    The U.S. Supreme Court on Monday declined to hear BNSF Railway Co.'s challenge to a Minnesota business-registration law that the rail giant contends was improperly invoked to haul it into state court by an out-of-state plaintiff over alleged out-of-state harms.

  • May 01, 2026

    NJ Court Says Gun Law Doesn't Justify Firing Cops Over Pot

    The federal Gun Control Act's prohibition on cannabis users possessing firearms does not preempt New Jersey's cannabis legalization law, a New Jersey state appeals court ruled Friday, rejecting Jersey City's bid to use the federal law to justify the firing of two police officers who tested positive for cannabinoids.

  • May 01, 2026

    Pharma Aims Torpedo At FCA After Bombshell 9th Circ. Ruling

    A burgeoning campaign against the False Claims Act's whistleblower mechanism is suddenly center stage at the Ninth Circuit, where pharmaceutical companies say a momentous new ruling "illustrates perfectly" the constitutional concerns of U.S. Supreme Court justices regarding FCA enforcement.

  • May 01, 2026

    9th Circ. Backs Tesla In Challenge To Race Bias Arbitration

    The Ninth Circuit rejected an appeal by a Black former Tesla employee who challenged the company's arbitration win over his claims of racial discrimination, agreeing with a California federal judge Friday that the plaintiff failed to meet the "high bar" to overturn the award.

  • May 01, 2026

    Ill. Court Halts Bid To ID YouTube User Over Hockey Video

    An Illinois state appeals court Friday reversed an order requiring Google to disclose the identity of an anonymous YouTube user who posted a video of a youth hockey player's on-ice meltdown after losing a game, saying the emotional distress allegations were insufficient to justify allowing pre-suit discovery.

  • May 01, 2026

    Media Matters Says Justices' New Ruling Secures Its FTC Win

    The U.S. Supreme Court just handed down a decision in favor of an anti-abortion pregnancy center that a left-leaning media watchdog says supports its argument that a district court had the power to block a Federal Trade Commission subpoena before the agency tried to enforce it.

  • May 01, 2026

    Fla. Jury Hears Menthol Smoker Succumbed To Addiction

    A Florida jury heard in opening arguments Friday that a woman who died of lung cancer after smoking R.J. Reynolds cigarettes was a victim of the severely addictive nature of nicotine, something her lawyers said even the U.S. surgeon general didn't acknowledge until 1988.

Expert Analysis

  • Justices' Med Mal Ruling May Spur Huge Shift For Litigators

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    The U.S. Supreme Court’s recent decision in the medical malpractice suit Berk v. Choy, holding that a Florida procedural requirement does not apply to medical malpractice claims filed in federal court, is likely to encourage eligible parties to file claims in federal court, speed the adjudicatory process and create both opportunities and challenges for litigators, says Thomas Kroeger at Colson Hicks.

  • Challenging Restitution Orders After Supreme Court Decision

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    The U.S. Supreme Court’s Ellingburg v. U.S. decision from last week, holding that mandatory restitution is a criminal punishment subject to the Sixth Amendment, means that all challenges to restitution are now fair game if the amount is not alleged in the indictment, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • State Of Insurance: Q4 Notes From Pennsylvania

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    Last quarter in Pennsylvania, a Superior Court ruling underscored the centrality of careful policy drafting and judicial scrutiny of exclusionary language, and another provided practical guidance on the calculation of attorney fees and interest in bad faith cases, while a proposed bill endeavored to cover insurance gaps for homeowners, says Todd Leon at Marshall Dennehey.

  • Justices' Double Jeopardy Ruling May Limit Charge-Stacking

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    The U.S. Supreme Court’s recent holding in Barrett v. U.S. that the double jeopardy clause bars separate convictions for the same act under two related firearms laws places meaningful limits on the broader practice of stacking charges, a reminder that overlapping statutes present prosecutors with a menu, not a buffet, says attorney David Tarras.

  • How 2025 Recalibrated Fair Use For The AI Era

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    Although the Second Circuit's decision last year in Romanova v. Amilus Inc. did not involve artificial intelligence, its formulation of relevant fair use factors provides a useful guide for lower courts examining AI cases in 2026, demanding close attention from legal practitioners on both sides of these disputes, say attorneys at Cleary.

  • Series

    Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief

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    My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.

  • 5 Drug Pricing Policy Developments To Watch In 2026

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    2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.

  • 2026 Int'l Arbitration Trends: Awards Against Sovereign States

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    The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.

  • Series

    Law School's Missed Lessons: How To Start A Law Firm

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    Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.

  • Opinion

    What Justices Got Right In Candidate Standing Ruling

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    The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.

  • Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits

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    The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.

  • Fed. Circ. Patent Decisions In 2025: An Empirical Review

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    In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.

  • Key False Claims Act Trends From The Last Year

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    The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.

  • Series

    Hosting Exchange Students Makes Me A Better Lawyer

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    Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.

  • Postconviction Law In 2026: A Recalibration, Not A Revolution

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    As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.

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