Appellate

  • August 31, 2026

    Korean Bank Whistleblower Suit May Be Bound For Arbitration

    The Second Circuit on Monday asked if whistleblower retaliation claims by four former compliance executives at the New York arm of a Korean bank should have been sent to arbitration — and if a judge should have bothered with the bank's dismissal bid.

  • August 31, 2026

    8th Circ. Backs Social Security Disability Benefits Denial

    The Eighth Circuit affirmed the dismissal of a worker's suit challenging the Social Security Administration's denial of her bid for disability benefits, finding it was fair game for an administrative law judge to credit an agency doctor's opinion that she was more physically capable than she had claimed.

  • August 28, 2026

    'Troubled' 7th Circ. Finds No Harm From Benesch Atty Conflict

    While "troubled" by an ex-Benesch Friedlander Coplan & Aronoff LLP partner's decision to take on a client's trade secrets suit while negotiating a move from Benesch to the defendant company's outside counsel, the Seventh Circuit agreed Friday that the displeased client cannot pursue her legal malpractice claim.

  • August 28, 2026

    Patent Marking Case Will Shape License Talks And Damages

    A Federal Circuit ruling that patent owners must ensure that all licensees mark their products with patent information in order to recover presuit damages will complicate licensing talks and give defendants a route to limit or escape damages in some cases, attorneys say.

  • August 28, 2026

    25K Workers 'Out Of Luck': Feds Defend Layoffs At 9th Circ.

    The federal government Friday urged the Ninth Circuit to reverse a finding that the U.S. Office of Personnel Management wrongfully fired 25,000 probationary workers shortly after President Donald Trump took office, arguing that the OPM was operating well within its statutory authority, the district court lacked jurisdiction, and the workers are "simply out of luck."

  • August 28, 2026

    Uber Text Doesn't Bind Guest Rider To Arbitrate, DC Circ. Says

    Uber cannot force into arbitration a passenger who sued over a crash in which he was severely injured when the ride was requested by his wife since he never created an account or agreed to the ride-hailing company's terms of service, the D.C. Circuit said in a published opinion Friday.

  • August 28, 2026

    Rapper's Lyrics Rhymed With The Crimes, 8th Circ. Says

    An Eighth Circuit panel upheld the marijuana and firearms convictions of Arkansas rapper Bankroll Freddie, saying Friday his lyrics were properly allowed as evidence against him because they showed he knew drug and gun terminology.

  • August 28, 2026

    Ind. Panel Affirms $3.5M Med Mal Verdict Over Amputated Leg

    An Indiana appellate panel on Friday upheld a $3.5 million verdict — later reduced to $1.25 million — in a suit accusing a doctor of negligently causing a patient's leg amputation, rejecting the doctor's argument that an alleged juror-tampering incident led to an unfair trial.

  • August 28, 2026

    Industries, States Take Soot Rule Fight To Supreme Court

    A coalition of industry groups and 25 states led by Kentucky and West Virginia have asked the U.S. Supreme Court to review a D.C. Circuit decision that upheld a challenged rule imposing tighter nationwide limits on soot pollution.

  • August 28, 2026

    Calif. Panel Upholds Win For Dentist In Fatal Trip-And-Fall Suit

    The deletion of surveillance footage showing a woman's fatal trip and fall outside a California dentist's office was not spoliation, a state appeals court ruled Friday, calling the erasure unintentional while upholding a lower court's order ending the wrongful death lawsuit.

  • August 28, 2026

    2nd Circ. Revives FCA Overpayment Suit Against Pharmacy

    A Second Circuit panel on Friday undid a whistleblower's loss on False Claims Act allegations that AmerisourceBergen Corp.'s pharmacy business owes the government money for overpayments from federal healthcare programs for drug purchases and other services.

  • August 28, 2026

    Trump Admin Asks High Court To Uphold Trans Troop Ban

    The Trump administration urged the U.S. Supreme Court Friday to allow its ban on transgender members of the military to take full effect, arguing the policy is constitutional under the high court's developing transgender case law.

  • August 28, 2026

    11th Circ. Won't Nix Royal Caribbean Arbitration Appeal

    The Eleventh Circuit on Friday denied a bid to summarily affirm an order denying Royal Caribbean's motion to arbitration claims by passengers suing the cruise line over numerous incidents of voyeurism involving a former employee.

  • August 28, 2026

    DC Circ. Won't Revisit Threshold Issues In Spain Cases

    The D.C. Circuit on Friday denied Spain's bid to reconsider threshold issues raised in five consolidated appeals seeking to enforce arbitral awards collectively worth more than $400 million, including a question on the legal concept that a dispute might be better heard elsewhere.

  • August 28, 2026

    8th Circ. Says Alleged Parole Lies Aren't Unconstitutional

    An Eighth Circuit panel has upheld the dismissal of an Arkansas sex offender's lawsuit alleging his parole officer used a fake daycare to reject his housing plans, saying parole is not a constitutionally protected right.

  • August 28, 2026

    4th Circ. Reverses $42M Abu Ghraib Verdict Against CACI

    The Fourth Circuit on Friday reversed a $42 million jury verdict finding CACI conspired to torture Iraq War detainees, ruling on rehearing the detainees' claims must be dismissed following the U.S. Supreme Court's decision that courts can't create a private right of action under the Alien Tort Statute.

  • August 28, 2026

    Schwab Vendor Exempt From Ill. Biometric Law, 7th Circ. Says

    The Seventh Circuit agreed Friday that a vendor Charles Schwab uses to authenticate customers' voiceprints is exempt from Illinois' biometric privacy law as it refused to revive claims that the vendor illegally collected callers' data.

  • August 28, 2026

    Fed. Circ. Shifts T-Mobile Patent Settlement Fight To 5th Circ.

    The Federal Circuit on Friday sent an appeal from T-Mobile stemming from a patent litigation settlement to the Fifth Circuit, ruling that is proper because the Eastern District of Texas had jurisdiction when the appeal was filed.

  • August 28, 2026

    9th Circ. Rules Against Kalshi In Sports Wager Circuit Split

    The Ninth Circuit on Friday backed a Nevada federal court decision that cleared the way for the state's gambling regulators to pursue Kalshi's sports offerings, creating a circuit split in the sprawling litigation over prediction market regulation.

  • August 28, 2026

    Feds Gain Ground In Energy Permit Turf War With States

    A federal judge's endorsement earlier this month of the Trump administration's restart of a pipeline over California's objections will likely embolden the federal government to override state opposition to energy project development, but the ruling won't be the last word on the legality of such moves.

  • August 28, 2026

    Mom Not Responsible For Son's Alleged Assault, Court Finds

    A Georgia appeals court ruled Friday that a now-deceased woman was rightly freed from a woman's lawsuit accusing her son of assaulting her in his mother's home, upholding a lower court's finding that the injured party had chosen to put herself in a situation she knew was dangerous. 

  • August 28, 2026

    DOJ Cites National Security In $173M Ukraine Award Suit

    The Trump administration Thursday backed Ukraine as it fights efforts by one of Russia's largest oil companies to unpause litigation aimed at enforcing a confirmed $173 million arbitral award, pointing to Russia's increasing reputation as a "surveillance state with severely eroded rule-of-law protections."

  • August 28, 2026

    Ariz. Tribe Seeks To Pause Border Wall Work During Appeal

    The Tohono O'odham Nation is asking a district court to pause an order that denied its bid to block construction of a border wall near its Arizona reservation while it appeals the ruling to the D.C. Circuit, saying the federal government "plainly feels emboldened" by the decision.

  • August 28, 2026

    Financial Firm's $1.4M Asset Hold Against Adviser Upheld

    A Connecticut appeals court Friday said a financial services firm properly secured a nearly $1.4 million asset hold against an adviser, agreeing the company showed a likelihood of proving during underlying Financial Industry Regulatory Authority arbitration that the adviser siphoned customers when transitioning to a new broker-dealer.

  • August 28, 2026

    Circuit Split Raises Stakes For Timing Of Detention Review

    An emerging circuit split on whether district courts can hear habeas claims from noncitizens who say the government wants to deport them for their political speech raises questions about how quickly they can challenge the constitutionality of their detention before an independent judge.

Expert Analysis

  • 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.

  • Series

    Being A Magician Makes Me A Better Lawyer

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    The skills I've developed as a lifelong magician have translated directly into tangible benefits in the courtroom because performing magic and trying cases both live at the intersection of psychology, storytelling, timing and disciplined rehearsal, says Mark Dombroff at Fox Rothschild.

  • How Litigants Are Testing Conversion Therapy Ruling's Scope

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    Litigants are already using the U.S. Supreme Court’s recent Chiles v. Salazar ruling, which applied strict scrutiny to Colorado’s conversion therapy ban, to challenge laws limiting algorithmic rental pricing, artificial intelligence-based discrimination and anti-union employer speech, and courts must soon decide Chiles’ First Amendment limits, say attorneys at O'Melveny.

  • How Justices' TPS Ruling Affects Workforce Planning

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    The U.S. Supreme Court’s recent holding in Mullin v. Doe that courts lack jurisdiction to review temporary protected status determinations greenlights the end of TPS for thousands of Syrian and Haitian nationals, and means employers must reevaluate TPS-designees' employability while avoiding discriminatory document practices, says attorney Richard Herman.

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