Appellate

  • August 13, 2026

    DOJ Backs X Corp.'s 5th Circ. Advertiser Boycott Appeal

    The U.S. Justice Department backed X Corp. on Wednesday by arguing in a Fifth Circuit amicus brief that a Texas federal judge botched the antitrust injury analysis when tossing a lawsuit accusing Mars, CVS, Nestle, Lego, Tyson Foods and other advertisers of agreeing to boycott the social media platform after Elon Musk's purchase.

  • August 13, 2026

    4th Circ. Won't Rehear Tort Atty's $25M Extortion Conviction

    The Fourth Circuit has declined to reconsider its affirmance of the conviction of a prominent medical malpractice attorney for attempting to extort the University of Maryland Medical System for $25 million.

  • August 13, 2026

    NJ Takes Labor Peace Pact Fight In Pot Case To 3rd Circ.

    New Jersey cannabis regulators filed a notice Thursday that they would appeal a federal court's recent ruling that a state rule requiring marijuana businesses enter into labor peace agreements with unions in order to secure a license is preempted by federal law.

  • August 13, 2026

    Mich. Panel Says Rape-Shield Rules Don't Apply At Prelims

    A Michigan appellate panel ruled that the procedural requirements of the state's rape-shield law do not apply during preliminary examinations, finding that defendants in criminal sexual conduct cases do not have to file a written motion and offer of proof at that stage before seeking to introduce certain evidence of an accuser's past sexual conduct.

  • August 13, 2026

    3rd Circ. Agrees Exec's Rudeness Can't Uphold Race Bias Suit

    The Third Circuit backed the dismissal of a Black biomedical factory director's race bias suit claiming a safety inspector targeted him with unnecessary audits out of discrimination, finding Thursday that the inspector's prickly personality did not amount to illegal conduct.

  • August 13, 2026

    9th Circ. Won't Revive Hemp Co.'s $2.75M Destruction Suit

    The Ninth Circuit won't reinstate a suit against the city of Tacoma, Washington, by the owner of a hemp company who alleges the city's police department illegally destroyed $2.75 million worth of industrial hemp as illegal cannabis, saying he failed to establish municipal liability.

  • August 13, 2026

    Trump Picks Ex-Arkansas SG, Walmart Lawyer For 8th Circ.

    President Donald Trump has announced that he's looking to elevate Judge Lee Rudofsky of the Eastern District of Arkansas to the U.S. Court of Appeals for the Eighth Circuit.

  • August 12, 2026

    $190K Or $1.9M? Goldstein, DOJ 'At Impasse' Over Forfeiture

    Tom Goldstein and the U.S. Department of Justice aired dramatically divergent views Wednesday of a looming financial penalty for his fraud convictions, with the famed appellate advocate voicing constitutional objections to the DOJ's request for almost $2 million and revealing that prosecutors spurned a far smaller offer.

  • August 12, 2026

    Full 5th Circ. Rejects Planned Parenthood's Immunity Appeal

    The full Fifth Circuit Wednesday tossed an appeal over whether Planned Parenthood is entitled to attorney immunity in a whistleblower suit accusing the organization of improper Medicaid billing, reversing a panel's decision that went in favor of Planned Parenthood.

  • August 12, 2026

    11th Circ. Revives Beef Over Boar's Head Heir Shares

    The Eleventh Circuit on Tuesday vacated a district court's ruling that backed two transfers of Boar's Head Provisions Co. Inc. shares from a co-founder's grandson to his son, saying the lower court made errors in its analysis of the transfers' validity.

  • August 12, 2026

    DC Court Says Firms' Fee Arbitration Pact Wasn't Coerced

    An appeals court has affirmed an arbitral award issuing a Washington, D.C., law firm zero fees in connection with efforts by defense contractor Wye Oak Technology Inc. to enforce a $120 million judgment against Iraq, rejecting the firm's argument that an underlying fee deal was coerced.

  • August 12, 2026

    In 'Close' Call, 7th Circ. Backs FDIC In-House Enforcement

    In what the court called a "close and challenging call," the Seventh Circuit on Wednesday ruled the Federal Deposit Insurance Corp. could use in-house proceedings to adjudicate claims of unsound banking practices, rejecting a former Illinois community bank chairman's contention that such proceedings violate his right to trial by jury.

  • August 12, 2026

    Suit Over Alleged Work Trip Sex Assault Revived

    An Indiana appeals court has revived a workplace rape lawsuit against delivery contractor Catucky Derby Inc., ruling a trial court was wrong to dismiss the employee's claims that the company fostered a drinking culture that led to the owner's brother assaulting a coworker.

  • August 12, 2026

    Panel OKs Bowling Alley's Win In Alcohol Overserving Case

    A Florida appeals court on Wednesday cleared a bowling alley of liability in a suit accusing it of overserving alcohol to a customer who later caused a fatal crash while driving drunk, saying an amended complaint alleging new facts was filed too late.

  • August 12, 2026

    Ariz. Justices Rule Clergy Privilege Is Only For Confessions

    A Phoenix church pastor charged with sexually abusing a child cannot block prosecutors from using a recording of him admitting to the crime, the Arizona Supreme Court ruled Wednesday, saying the recording was not made during a protected religious confession.

  • August 12, 2026

    11th Circ. Backs EPA, Fertilizer Co. In 'Radioactive' Road Case

    The Eleventh Circuit on Wednesday rejected an environmental group's challenge to the U.S. Environmental Protection Agency's decision allowing the construction of a private road with a radioactive byproduct from fertilizer production, finding EPA regulations don't categorically bar such use.

  • August 12, 2026

    9th Circ. Upholds Ex-ITT Students' $12M Loan Fraud Win

    The Ninth Circuit Wednesday affirmed a $12 million judgment to former students of bankrupt for-profit college ITT Education Services Inc., saying their RICO claims against student loan servicers weren't time-barred because evidence showed the students had no way of knowing they were being scammed more than four years before they filed suit.

  • August 12, 2026

    9th Circ. Backs Extradition For Al Qaeda In Iraq-Linked Killings

    The Ninth Circuit said Wednesday that a U.S. citizen can't escape his extradition to Iraq to be tried for the murders of two Iraqi police officers because the killings constitute international terrorism, meaning he is not protected by a political-offense exception to the relevant extradition treaty.

  • August 12, 2026

    10th Circ. Upholds Phone Search In Child Porn Case

    The Tenth Circuit upheld an Oklahoma man's child pornography convictions Wednesday, rejecting his arguments that police unlawfully prolonged a traffic stop and obtained an overly broad warrant to search his cellphone.

  • August 12, 2026

    Apple Gets Brief Pause In App Store Case From High Court

    The U.S. Supreme Court issued a brief stay Wednesday in a case from Epic Games targeting Apple's App Store policies, after the district court refused to put the case on hold while the justices review a contempt order against Apple.

  • August 12, 2026

    1st Circ. Urged Not To Revive Puerto Rico Climate RICO Suit

    Fossil fuel companies have urged the First Circuit to uphold the dismissal of a racketeering and antitrust lawsuit from several Puerto Rico municipalities claiming the companies misrepresented the climate dangers of fossil fuel products in causing a pair of hurricanes.

  • August 12, 2026

    11th Circ. Says Insurer's Appeal Is Moot After Settlement

    The Eleventh Circuit has dismissed Mt. Hawley Insurance Co.'s appeal of a ruling requiring it to defend a subcontractor in a wrongful death lawsuit, saying the settlement of the underlying suit in a Florida state court divested the federal appeals court of jurisdiction.

  • August 12, 2026

    Wheelchair Isn't A 'Vehicle' For DUI Test Consent In PA

    A Pennsylvania appeals court on Wednesday rolled out its finding that a man's wheelchair does not constitute a vehicle and that his use of the device to leave the scene of a car crash did not imply consent for a blood test as part of a DUI investigation.

  • August 12, 2026

    10th Circ. Says NAR Antitrust Suit Came Too Late

    A Tenth Circuit panel found Tuesday that antitrust allegations against listing rules created by the National Association of Realtors are time-barred because the four-year statute of limitations applies to the Utah-based real estate firm's claims.

  • August 12, 2026

    Trump Tells 11th Circ. Sanctions In IRS Case Must Be Paused

    President Donald Trump urged the Eleventh Circuit on Wednesday to halt sanctions imposed by a lower court over an immunity deal that would have given him broad protections from federal tax audits and investigations, arguing he and the government have distinct interests.

Expert Analysis

  • 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.

  • 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.

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