Appellate

  • August 12, 2026

    4th Circ. Allows Review Of Immigrant's Untimely Petition

    The Fourth Circuit on Tuesday vacated a Board of Immigration Appeals ruling denying a Salvadoran man's bids to avoid removal back to El Salvador after fleeing from MS-13, using its equitable relief powers to toll a statutory 30-day petition filing deadline.

  • August 12, 2026

    Mich. Panel Keeps Judicial Hopeful Off Hamtramck Ballot

    A disqualified Michigan judicial candidate lost his reinstatement bid after an appellate court panel upheld a state Court of Claims decision saying he is ineligible to run because he failed to satisfy a requirement that he live in the city for a minimum of 30 days prior to the filing deadline.

  • August 12, 2026

    Ill. Panel Keeps Toxic Tort Jurisdiction Law Intact

    An Illinois appellate panel on Tuesday refused to revive a Republican-led challenge to a sweeping state law expanding the state's jurisdictional reach in toxic tort cases, saying it was barred from reviewing the Legislature's compliance with its own internal procedures but renewing concerns about being required to "turn a blind eye" to lawmakers' potential constitutional violations.

  • August 12, 2026

    1st Circ. Says NH Witness Retaliation Is No Basis For Removal

    A conviction for witness retaliation did not make a Liberian citizen living in New Hampshire removable from the U.S., a First Circuit panel ruled, overturning a Board of Immigration Appeals decision to the contrary.

  • August 12, 2026

    Army Corps OKs Enbridge Tunnel Amid Line 5 Permit Fight

    The U.S. Army Corps of Engineers issued a permit Wednesday allowing Enbridge Energy LP to tunnel beneath four miles of the Straits of Mackinac for its Line 5 oil pipeline, and environmental and tribal groups fighting the project say a recent Michigan Supreme Court decision bars the construction.

  • August 12, 2026

    1st Circ. Backs Insurer In Pregnancy Bias Judgment Coverage

    An insurer does not have to pay a tech company's $300,000 judgment in an employment action alleging a worker experienced discrimination and retaliation during her pregnancy, the First Circuit said Tuesday, ruling the company first received notice of the claim before the policy period.

  • August 12, 2026

    9th Circ. Enforces $2B Devas Satellite Award

    The Ninth Circuit on Wednesday enforced an over $2 billion arbitral award issued to a satellite communications company, ruling for the first time that the legal concept that a dispute might be better heard elsewhere does not apply in cases seeking to enforce international arbitral awards.

  • August 12, 2026

    Army Loses Bid For 4th Circ. Burial Remains Rehearing

    The Fourth Circuit won't rethink its decision that the U.S. Army must return the remains of two Indigenous children to the Winnebago Tribe of Nebraska who have been buried at a former Indian boarding school cemetery in Pennsylvania for more than a century.

  • August 12, 2026

    DEA Tells 4th Circ. Hemp Co. Can't Seek Review Of HHC Rule

    The U.S. Drug Enforcement Administration is urging the Fourth Circuit to throw out a hemp company's challenge to a recent rule allegedly designating a psychoactive hemp-derived compound as a Schedule I substance, saying the rule is a minor administrative change that cannot be challenged through a petition for review.

  • August 12, 2026

    NJ Justices See No Mental State Tie To Daniel's Law Damages

    The New Jersey Supreme Court held Wednesday that there is no mental state required for damages to be established under the state's judicial privacy law, answering a question that the Third Circuit said could help the federal appeals court determine the law's constitutionality.

  • August 11, 2026

    US Fights Ayahuasca Church's $240K Fee Bid As Excessive

    The U.S. government is slamming as "exorbitant" a Phoenix church's request for $240,000 in fees — a sum racked up while the church was arguing for a $2 million attorney payout — arguing that the litigation was unnecessary because the church could have secured the right to use the psychoactive beverage ayahuasca in religious ceremonies via an administrative process.

  • August 11, 2026

    Abbott, Mead Must Face Baby Formula Retrial, Mo. Panel Says

    A Missouri appeals court on Tuesday affirmed a new trial order in a suit accusing Abbott Laboratories and Mead Johnson of selling baby formula that causes a serious condition in preterm infants, agreeing with the trial court that the verdict was not supported by the evidence.

  • August 11, 2026

    7th Circ. Says Ind. Railroad Can't Levy Fees For Telecom Lines

    Indiana railroad easements don't give rail companies the right to charge for access to the air above them or the ground below them, the Seventh Circuit has ruled in an opinion that means telecoms that installed fiber cables under a CSX Transportation easement won't be paying licensing fees.

  • August 11, 2026

    Split 11th Circ. Upholds FRA's Train Crew Size Rule

    A divided Eleventh Circuit panel on Tuesday upheld the Federal Railroad Administration's two-person train crew rule, saying the agency reasonably justified the safety rationale for the rule and rejecting the rail industry's claims of government overreach.

  • August 11, 2026

    Red States Back DA's Office In High Court Bias Carveout Fight

    A group of mostly Republican state attorneys general backed a Georgia prosecutor's office, urging the U.S. Supreme Court to reject a former aide's argument she wasn't covered by a Title VII exemption for the personal staff of elected officials.

  • August 11, 2026

    5th Circ. Douses Biden-Era Gas Stove Efficiency Regs

    A Fifth Circuit panel castigated the U.S. Department of Energy for pushing through energy standards for stoves and cooktops while failing to follow proper rulemaking procedures, saying the rule was part of the Biden administration's attempts to "make home appliances more expensive and less useful."

  • August 11, 2026

    DC Circ. Erases Stay Of Feds' Parolee Quick-Removal Policy

    The D.C. Circuit on Tuesday vacated a district court's nationwide stay of the Trump administration's policy of subjecting noncitizens paroled into the country to expedited removal, noting the plaintiffs didn't seek to stay the federal regulation allowing that practice.

  • August 11, 2026

    Mich. Appeals Panel Restores Ethnic Threat Jury Standard

    Semantics matter, a Michigan Court of Appeals panel said in an unpublished opinion Monday, reversing a trial court's order regarding jury instruction language used in an ethnic intimidation trial.

  • August 11, 2026

    Colo. Panel Mulls Insurer's Bid To Reverse $170M Verdict

    A subsidiary of Berkshire Hathaway Inc. urged the Colorado Court of Appeals on Tuesday to reverse a nearly $170 million jury award for a Colorado worker who sustained a "catastrophic" brain injury on the job, arguing that the trial court failed to properly instruct the jury on physical impairment damages.

  • August 11, 2026

    Panel Wary Of $10M Award For Amtrak Counterclaim Distress

    A Pennsylvania Superior Court panel on Tuesday appeared skeptical that Amtrak should be held liable for emotional trauma suffered by a former engineer from the fallout of a 2015 train derailment, which included criminal charges and a lawsuit he filed that resulted in a $10 million verdict.

  • August 11, 2026

    RealPage Points To 2nd Circ. Ruling In NY Pricing Law Case

    RealPage told a New York district court that a recent Second Circuit ruling backs up its challenge to a state law prohibiting landlords from using software to set residential rental rates, because the appeals court found that a New York City law requiring delivery apps to share customer data with restaurants went too far.

  • August 11, 2026

    Deal Ends Patent Case After WDTX Verdict Clearing Cisco

    Cisco Systems Inc. and prominent patent licensing company Brazos Licensing and Development have notified a Western District of Texas judge that they have agreed to dismiss a patent suit, more than a year after a jury cleared Cisco of infringing router patents.

  • August 11, 2026

    Goldstein Unveils Cooley Appeal Team

    Thomas Goldstein has unveiled an experienced lineup of appellate lawyers he'll turn to in his bid to overturn 12 tax and mortgage fraud convictions, featuring several attorneys with extensive U.S. Supreme Court experience.

  • August 11, 2026

    Objectors Sink $148M Lincoln National Class Deal At 2nd Circ.

    A Connecticut federal judge should not have certified a policyholder class that secured a $147.5 million cost-of-insurance settlement with Lincoln National and a Cigna unit, the Second Circuit held on Tuesday, in a victory for objectors who are pursuing parallel cases in other states.

  • August 11, 2026

    4th Circ. Sides With Outback In Contentious Injury Suit

    The Fourth Circuit has freed Outback Steakhouse's Florida branch from a slip-and-fall suit that went through two contentious trials, finding that the trial court did not abuse its discretion in booting the plaintiff's original attorney from the case, excluding a new expert witness report or allowing Outback to strike the only two Black prospective jurors.

Expert Analysis

  • 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.

  • How Pfizer Won Fed. Circ. Patent Dispute By 1 Carbon Atom

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    The Federal Circuit's recent refusal to revive a patent in Enanta Pharmaceuticals v. Pfizer over an alleged typo creating a one-atom difference in a COVID-19 treatment application hands defendants a template for potentially converting a triable fact question into an early dispositive ruling, say attorneys at Polsinelli.

  • What To Know Before Justices Rule In Title IX Employee Case

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    The U.S. Supreme Court is poised to decide whether Title IX protections extend to employees alleging sex discrimination in Crowther v. Board of Regents of the University System of Georgia, which could have significant implications for higher education institutions and their employees, say attorneys at Ropes & Gray.

  • Fed. Circ. Ruling Highlights The Cost Of Incorrect Inventorship

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    The Federal Circuit's recent decision in Fortress Iron v. Digger Specialties, affirming that a fencing company's patents were invalid due to a missing co-inventor, is a reminder that confirming correct inventorship should be a critical part of every patent invalidity workup, say attorneys at Neal Gerber.

  • Future Of Fed Independence Shaky After Justices' Ruling

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    The U.S. Supreme Court's recent ruling in Trump v. Cook preserved the Federal Reserve's formal independence but could invite the president to remove board members with just modest protections, leaving the central bank's autonomy uncertain and potentially setting up fresh clashes over other agencies, says Steven Schwinn at the University of Chicago.

  • Series

    Mich. Banking Brief: All The Notable Legal Updates In Q2

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    The second quarter brought several notable financial services law developments to Michigan, including a U.S. Supreme Court ruling on state tax foreclosures, progress on a money transmission modernization bill package, and continued legislative momentum on cryptocurrency and mortgage lending, say attorneys at Dykema.

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