Appellate

  • September 01, 2026

    Temporary Tariffs Exceeded Trump's Power, Fed. Circ. Told

    President Donald Trump illegally based his temporary tariffs on the misapplication of a law allowing the president to address balance-of-payment deficits, two businesses told the Federal Circuit, pushing the court to preserve a U.S. Court of International Trade ruling against the tariffs.

  • September 01, 2026

    NJ College Absolved Of Gender Bias For Not Reinstating Prof

    A New Jersey federal jury sided with The College of New Jersey over a professor who alleged the college's finance department was run like an old boys' club, finding the college did not discriminate or retaliate against the professor over her reappointment.

  • September 01, 2026

    5th Circ. Judge Hints Court Order With AI Errors Can't Stand

    A Fifth Circuit judge wanted to know why a panel should keep intact a court order blocking an anti-DEI Mississippi law that contained artificial intelligence hallucinations, asking whether the judges could confidently find that made-up citations did not ultimately sway the district court's decision.

  • August 31, 2026

    6th Circ. Splits On Tenn. Social Media Age-Verification Law

    A split Sixth Circuit panel said a lower court should have blocked Tennessee's age-verification law for social media platforms while an internet industry group challenged the statute, finding the group had shown it would be harmed by compliance costs and the loss of free speech liberties.

  • August 31, 2026

    Tesla Asks 9th Circ. To Decertify 'Full Self-Driving' Ad Class

    Tesla urged the Ninth Circuit on Monday to decertify classes of Tesla buyers who accuse the company of making false and deceptive promises about the capabilities of their "self-driving" electric vehicles, arguing that there's no proof showing all class members viewed the alleged misstatement at issue on Tesla's webpage.

  • August 31, 2026

    Texas Court Sends Oxy Carbon Capture Claims To Arbitration

    A Texas appellate court has revived Occidental Petroleum's attempt to arbitrate a multimillion-dollar dispute stemming from a project to deploy a technology aimed at reducing greenhouse gases in Australia, saying a tribunal in British Columbia must decide for itself whether it has jurisdiction.

  • August 31, 2026

    EPA Sued Over Herbicide Challenged As Likely Carcinogen

    Environmental organizations urged the Ninth Circuit on Friday to review the Trump administration's recent approval of a herbicide, trifludimoxazin, that critics describe as a likely carcinogen that could pose risks to wildlife and human health.

  • August 31, 2026

    3rd Circ. Says History Backs NJ Telehealth License Rule

    The Third Circuit on Monday upheld New Jersey's requirement that out‑of‑state physicians obtain a state medical license before consulting with in-state patients via telemedicine, concluding that the rule fits a centuries‑old tradition of regulating medical practice and does not trigger strict First Amendment scrutiny.

  • August 31, 2026

    9th Circ. Won't Rehear Eye Drop Antitrust Suit Despite Dissent

    A forceful dissent from a pair of Ninth Circuit judges wasn't enough to keep the full appellate court from letting stand a panel decision preserving wholesalers' district court win accusing the maker of Clear Eyes drops of illegal price discrimination favoring Costco.

  • August 31, 2026

    Jones Day Vet Returns After 'Intense' Run In High DOJ Post

    An appellate attorney who fought some of the second Trump administration's biggest legal battles — involving immigration, the environment, spending conditions and more — is rejoining Jones Day after more than a year in the U.S. Department of Justice's top ranks, the firm announced Monday.

  • August 31, 2026

    How Did Litigants Fare In Judge Albright's 55 Patent Trials?

    U.S. District Judge Alan Albright oversaw more than 50 patent trials between his 2018 arrival on the bench and planned Monday departure, and in a surprise for many attorneys, there was a near-even split between victories for patent owners and accused infringers.

  • August 31, 2026

    Mich. Court Upholds 2 Probate Ballot Decisions

    A Michigan state appeals court on Friday issued rulings in two disputes over the November ballot for the Wayne County Probate Court, allowing Vanessa Moss to remain on the ballot while affirming the exclusion of Susan L. Hubbard, in separate challenges over campaign finance filings and nominating petition signatures. 

  • August 31, 2026

    5th Circ. Hints At Dismissal Of Abortion Travel Assistance Suit

    A Fifth Circuit panel seemed hesitant of a bid by abortion-rights nonprofits to revive their lawsuit challenging Texas laws enacted before Roe v. Wade was overturned that made it a felony to aid a woman seeking an abortion out of state, saying Fifth Circuit precedent already undid the laws.

  • August 31, 2026

    6th Circ. Says Binoculars Justified Search Of Suspect's Truck

    A Sixth Circuit panel has ruled a man accused of stalking his estranged wife in Tennessee cannot suppress guns and other evidence found in his truck, saying binoculars left in plain view on his center console gave officers reason to search the vehicle without a warrant.

  • August 31, 2026

    Fed. Circ. Upholds Block On MSN Cancer Drug In Exelixis Win

    The Federal Circuit on Monday rejected MSN Laboratories' argument that three Exelixis patents on the blockbuster cancer drug Cabometyx are invalid, while dismissing as moot an appeal on a fourth patent, a ruling Exelixis said will block MSN's generic version until 2030.

  • August 31, 2026

    Ill. Panel Says E-Monitoring Law Doesn't Bar Pretrial Release

    An Illinois state appeals court has vacated a trial court's decision to keep a teenage murder defendant incarcerated before trial, saying a state law forbidding electronic home monitoring for people convicted of serious crimes does not apply to those released on bond pending trial.

  • August 31, 2026

    Conn. Justices Order Murder Retrial Over 'Misleading' Deal

    The Connecticut Supreme Court on Monday ordered the retrial of a man convicted for allegedly orchestrating the murder of a woman pregnant with his child, finding a prosecutor failed to correct misleading testimony that a key cooperating witness had no "deal" with the government.

  • August 31, 2026

    Senators Say Roblox, Discord Can't Arbitrate Sex Abuse Suit

    Sens. Dick Durbin, Richard Blumenthal and Kirsten Gillibrand are urging a California state appeals court to reject Discord Inc. and Roblox Corp.'s bid to compel arbitration in a suit from a teenager alleging he was groomed and abused on the platforms.

  • August 31, 2026

    DC Circ. Sides With FERC On Pipeline Project Approval

    The Federal Energy Regulatory Commission made no mistake when it greenlit a project to improve the East Tennessee Natural Gas pipeline and to allow the energy company to push the cost of those improvements along to customers, the D.C. Circuit has ruled.

  • August 31, 2026

    5th Circ. Judges Cast Doubt On Fight Over La. LNG Permit

    A Fifth Circuit panel on Monday expressed skepticism that environmental groups had standing to challenge Louisiana's approval of a preconstruction permit for a major liquefied natural gas export terminal in Cameron Parish.

  • August 31, 2026

    States Ask Fed. Circ. To Revive Their Temporary Tariff Claims

    Two dozen states pushed the Federal Circuit on Monday to revive their specific claims against now-expired temporary tariffs while simultaneously pushing the panel to otherwise back the U.S. Court of International Trade's ruling that the tariffs were illegal.

  • August 31, 2026

    9th Circ. Revives Salvadoran's Bid For Torture Protection

    The Ninth Circuit has faulted the Board of Immigration Appeals for creating a "quantitative evidence" requirement in assessing a Salvadoran's bid under the Convention Against Torture to avoid deportation to El Salvador, saying that no such requirement exists.

  • August 31, 2026

    Paul Mitchell Urges 9th Circ. To Untangle False Ad Class

    Paul Mitchell urged the Ninth Circuit Monday to decertify a class of customers alleging the company deceptively concealed its animal testing in China while touting its U.S. haircare products as cruelty-free, arguing there's no evidence that all class members saw and relied on its cruelty-free labels before their purchases.

  • August 31, 2026

    3rd Circ. OKs Ex-Biofuel Execs' Fraud Subsidy Convictions

    The Third Circuit upheld two former biofuels executives' fraud convictions tied to IRS and EPA fuel subsidies, denying them a retrial based on claims that a Pennsylvania lower court improperly refused to provide jurors more information on the agencies' regulations.

  • August 31, 2026

    11th Circ. Upholds $800K Award In Venezuelan Takeover Suit

    The Eleventh Circuit on Monday upheld an $800,000 jury verdict that found two former Miami bank directors accused of working for the Venezuelan government were liable for the bank's financial difficulties.

Expert Analysis

  • After Wash. Ruling, Paid Claim May Not End Bad Faith Risk

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    In Labeaume v. First National Insurance, a Washington appeals court recently held that the insurer's benefit payment did not preclude the plaintiff's Insurance Fair Conduct Act claim, expanding the scope of the act's cure provision and making claim documentation even more significant, says Rishabh Agny at Clyde & Co.

  • Series

    Being A Singer Makes Me A Better Lawyer

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    Before law school, I spent seven years trying to make it as a professional singer in Los Angeles, and nearly everything I learned about preparation, humility, confidence and more has followed me into my legal practice, says Jessica Caterina at Moses & Singer.

  • Justices' Review Of Atty Fees Could Reshape Pipeline Takings

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    With the U.S. Supreme Court's decision to review Hoffmann v. WBI Energy Transmission, property owners' right to recover attorney fees for appropriations under the Natural Gas Act is at stake, potentially leading to a choice between a depressed land valuation or court costs that could exceed any rewards, says attorney Sophia Holley.

  • How 2nd Circ. Raised The Bar For Pleading Securities Fraud

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    In Huey v. Anavex, the Second Circuit recently appeared to increase the burden on securities fraud plaintiffs in pleading loss causation where no immediate share price decline follows the corrective disclosure, generating new questions that district courts must grapple with, say attorneys at Skadden.

  • Trade Secret Practice Tips From The 1st Half Of 2026

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    Intellectual property attorneys should consider what several significant developments in 2026 thus far mean for how they protect, litigate and value trade secrets, focusing on new state noncompete bans, cases scrutinizing how plaintiffs identify trade secrets and federal rulings on damages doctrines, say attorneys at Faegre Drinker.

  • Yellow Corp. WARN Act Appeal Refines Layoff Guidance

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    A Delaware federal court's recent upholding of a bankruptcy court's disallowance of unions' federal Worker Adjustment and Retraining Notification Act claims against Yellow underscores that fact-specific notices and thoughtful timing are essential for distressed companies implementing layoffs, say attorneys at King & Spalding.

  • High Court Rulings Could Alter Agency Strategy For Cos.

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    The U.S. Supreme Court's recent decisions in Trump v. Slaughter and Trump v. Cook mark major turning points in the law of independent agencies and in how regulated companies should think about federal enforcement, rulemaking and agency-facing strategy, say attorneys at Holtzman Vogel.

  • Opinion

    Justices' Parole Ruling Degrades Green Card Holders' Rights

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    The U.S. Supreme Court’s recent decision in Blanche v. Lau, holding that U.S. Customs and Border Protection officers can parole a returning lawful permanent resident without clear and convincing evidence of a crime, weakens the statutory and practical protections Congress intended, say attorneys at Cyrus D. Mehta & Partners.

  • 3rd Circ. ERISA Ruling Stresses Process Over Perfect Returns

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    The Third Circuit's recent decision in Quest Diagnostics affirms that a sound fiduciary process — not perfect investment returns — defeats Employee Retirement Income Security Act claims, signaling that courts will keep scrutinizing how fiduciaries decide, and sponsors who can show their work should remain protected, say attorneys at Nixon Peabody.

  • Fed. Circ. Licensing Rulings Shed Light On Patentee Standing

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    Two recent decisions from the Federal Circuit provide a useful framework for evaluating whether a patent license agreement preserves a sufficient exclusionary interest to support future patent infringement claims, say attorneys at Venable.

  • Asylum Ruling Signals Larger Separation Of Powers Battle

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    The U.S. Supreme Court’s recent decision in Mullin v. Al Otro Lado that border officials may turn away asylum-seekers without inspection is part of a broader conversation about the reach of institutional safeguards that subject governmental authority to legal constraint, says Dree Collopy at American University's Washington College of Law.

  • Solar's Momentum At Mid-2026 Will Help It Overcome Snags

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    The rapid expansion of U.S. solar development in the first half of 2026 is likely to continue its pace, even amid ongoing shifts in federal trade policy and supply chain regulations, obstacles to permitting reform, and an increasing divide between states enacting policies to encourage or stymie project development, say attorneys at Beveridge & Diamond.

  • How Justices Stayed Off The Geofence In Location Data Case

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    The U.S. Supreme Court's recent Chatrie v. United States decision reaffirms Fourth Amendment protections for location data but avoids more complicated questions about geofence warrants, say attorneys at Adams Duerk.

  • Remote Work Rulings Show ADA Fights Hinge On Process

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    Two opposite outcomes in recent Fifth Circuit and D.C. federal court cases underscore that the legality of denying employees' disability accommodation requests for remote work depends less on broad policy and more on how it's applied, says Paul Sweeney at Ice Miller.

  • Fed Autonomy Rests On Narrow Exception After Justices Rule

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    The U.S. Supreme Court’s recent decisions in Trump v. Cook and Trump v. Slaughter expand presidential removal power while temporarily preserving the Federal Reserve’s independence, but there is uncertainty about which of the Fed’s authorities fall within the court’s narrow monetary-policy exception, says Keith Bradley at Squire Patton.

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