Appellate

  • May 13, 2026

    Murdaugh Murder Conviction Overturned By SC High Court

    The South Carolina Supreme Court on Wednesday overturned a double murder conviction and ordered a new trial for disgraced attorney Alex Murdaugh, finding the jury in his first trial was biased by a clerk of court who allegedly sought a guilty verdict in a ploy to juice sales of her book about the trial.

  • May 13, 2026

    3rd Circ. Pauses Order For Del. To Share Wage Data With DHS

    Third Circuit judges gave the Delaware Department of Labor a brief reprieve from a district court order directing it to comply with a U.S. Department of Homeland Security subpoena requesting business wage reports for an immigration enforcement investigation.

  • May 12, 2026

    Seeger Weiss, Motley Rice Want $675M In Bayer Deal Fees

    Plaintiffs attorneys with Seeger Weiss LLP, Motley Rice LLC, Ketchmark & McCreight PC, Holland Law Firm, Williams Hart Boundas LLP and Waters Kraus Paul & Siegel have asked for a fee award of $675 million for their work on the $7.25 billion Roundup settlement with Bayer AG, according to a petition.

  • May 12, 2026

    Brokerage Urges 10th Circ. To Revive NAR Antitrust Challenge

    Certain rules created by the National Association of Realtors should be considered conspiracy under the Sherman Antitrust Act because they encourage real estate agents to avoid showing listings with low commissions to potential buyers, a Utah-based real estate firm argued to a Tenth Circuit panel Tuesday.

  • May 12, 2026

    7th Circ. Judges Question NLRB's Union Reinstatement Bid

    Seventh Circuit judges weighing the National Labor Relations Board's bid for an injunction requiring a truck seller to recognize a union it has twice rebuked seemed skeptical Tuesday that the company's employees face irreparable harm without it.

  • May 12, 2026

    Conn. Justices Order New Look At $17M Rate Dispute

    The Connecticut Supreme Court on Tuesday revived a lawsuit by Eversource Energy against the Public Utilities Regulatory Authority over $17 million in infrastructure improvements, saying the parties must resolve ambiguities in the settlement agreement before proceeding.

  • May 12, 2026

    DC Circ. Asks Why Gov't Used 'Toxic' Detail In Crypto Trial

    The D.C. Circuit didn't seem sure which way to come down Tuesday morning on the various arguments put forth by the convicted operator of the Bitcoin Fog crypto mixer in an attempt to overturn his conviction.

  • May 12, 2026

    NJ Justices Revive Expert Testimony In Vehicular Death Case

    The New Jersey Supreme Court held Tuesday that a man accused of killing a 94-year-old woman in a crash may present expert testimony challenging whether her death was caused by his alleged recklessness, finding in a reversal that a pretrial evidentiary hearing wasn't needed.

  • May 12, 2026

    NJ Court Not Sure Bristol-Myers Investor Pled Negligence

    A New Jersey appellate panel on Tuesday pushed back on an investor's insistence that his complaint over Bristol-Myers Squibb's $74 billion acquisition of Celgene satisfied pleading standards for securities lawsuits, echoing a trial court judge's concern that claims of disclosure requirement shortfalls sounded more in fraud than negligence.

  • May 12, 2026

    Copyright Chief Says Cox Ruling Merits Congressional Action

    The leader of the U.S. Copyright Office, Shira Perlmutter, told senators Tuesday they may need to respond to the U.S. Supreme Court's March decision that narrowed contributory liability for internet service providers, saying the ruling "left a bit of a hole in the law."

  • May 12, 2026

    Colo. Justices Weigh Discovery Rights In Condemnation Suit

    The Colorado Supreme Court seemed poised Tuesday to send back to a lower court a landowner's challenge of a quasimunicipal corporation's use of eminent domain, appearing to agree with the landowner that the trial court had discretion to grant discovery.

  • May 12, 2026

    Mass. AG OKs Auditor Lawsuit, Ending Constitutional Spat

    The Massachusetts attorney general said on Tuesday she will allow litigation to proceed over whether the state legislature can be audited and will appoint special counsel to represent the state auditor, ending a high-profile showdown between two high-ranking elected officials.

  • May 12, 2026

    4th Circ. Allows $3.6M Seizure In IPhone Trafficking Case

    The Fourth Circuit ruled Tuesday that federal prosecutors can seize over $3.6 million in assets from a North Carolina man who was convicted on multiple counts of selling illegally obtained iPhones and other electronics to buyers overseas.

  • May 12, 2026

    AliveCor Wants Apple Health Monitor Patent Claims Tossed

    A medical software company has told a California federal court that claims in a pair of health monitoring patents Apple has accused it of infringing are actually invalid, saying they only cover abstract ideas without a technological innovation to save them.

  • May 12, 2026

    7th Circ. Urged To Revive Hartford $4M Wire Fraud Fight

    An Illinois agency that administers financially distressed insurers' estates Tuesday urged the Seventh Circuit to revive its lawsuit seeking insurance coverage for a cyberattack during which its financial chief provided confidential login information to hackers, who used his email account to instruct employees to wire them nearly $7 million.

  • May 12, 2026

    Feds Tell 9th Circ. They Have Last Word On Pipeline Restart

    A federal pipeline regulator told the Ninth Circuit on Monday it reasonably asserted jurisdiction over an oil pipeline system near Santa Barbara, California, and approved a Texas company's restart plan, saying challenges brought by California and environmental groups are unfounded.

  • May 12, 2026

    9th Circ. Orders New Tax Fraud Trial Over Juror's Racial Bias

    An Idaho federal court wrongly denied a man of Mexican descent a new trial after discovering a juror had made racially biased comments about people of Mexican ethnicity during deliberations on whether to convict him of preparing false tax returns, a split Ninth Circuit panel said Tuesday.

  • May 12, 2026

    Mich. Panel Backs Contempt Orders Against Disbarred Atty

    A disbarred northern Michigan attorney accused of mishandling trust funds properly faced contempt sanctions for abruptly leaving a Zoom hearing and failing to comply with orders to transfer money and provide accounting, a Michigan appellate panel ruled, even as it found the trial judge later violated her Fifth Amendment rights during questioning. 

  • May 12, 2026

    5th Circ. Judge Hints PWFA Fight May Be Headed For Justices

    The full Fifth Circuit grappled Tuesday with whether lawmakers had to be physically present to have validly enacted the Pregnant Workers Fairness Act, in a case one judge said will head to the U.S. Supreme Court if a lower court ruling barring PWFA enforcement against Texas stands.

  • May 12, 2026

    DC Circ. Doubts Cleaner's Process Complaints In NLRB Fight

    The D.C. Circuit appeared skeptical Tuesday that the National Labor Relations Board unfairly refused to admit certain evidence in a picketing dispute as it probed a cleaning contractor's attempt to escape a redone ruling that it punished workers over a protected protest more than a decade ago.

  • May 12, 2026

    Fed. Circ. Vacates Order Making Army Corps Award Contract

    A Federal Circuit panel vacated an injunction on Tuesday requiring the U.S. Army Corps of Engineers to award Anders Construction a $5 million diving services contract, saying the agency properly found that the company's proposal was technically unacceptable.

  • May 12, 2026

    Ex-FCA Exec Must Answer GM Discovery In UAW Bribery Suit

    Former Fiat Chrysler labor executive Alphons Iacobelli, who was convicted for his role in a union bribery scheme, must answer hundreds of deposition questions in General Motors' sprawling civil suit, a Michigan appellate panel ruled.

  • May 12, 2026

    DOE Accused Of Stretching Emergency Power For Pa. Plant

    A group of consumer and environmental advocates has told the D.C. Circuit that the U.S. Department of Energy illegally substituted long-term electricity planning reserved for states with its own emergency authority to keep open a Pennsylvania power plant.

  • May 12, 2026

    NCAA Wants Final Whistle On 1983 Team's Appeal Of NIL Suit

    The National Collegiate Athletic Association urged North Carolina justices to keep out of bounds a name, image and likeness lawsuit from members of a 1983 North Carolina State University championship basketball team, arguing that a lower court was right to find the suit several decades expired.

  • May 12, 2026

    6th Circ. Says Jailers Entitled To Immunity In Detainee Death

    The Sixth Circuit has ruled that a group of jail officials in Michigan should be given qualified immunity from a lawsuit alleging they ignored the medical needs of a man who was incarcerated in their facility and later died from cardiac arrest.

Expert Analysis

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

  • Arguments Show Justices Vacillating On Geofence Warrants

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    Questions and statements by the justices during recent oral arguments in Chatrie v. U.S., probing the Fourth Amendment limits of geofence warrants, revealed a Supreme Court that is skeptical of the government’s most sweeping claims, uncomfortable with the petitioner’s broadest theories and searching for a narrow off-ramp, say attorneys at Rogers Joseph.

  • Surveying The CFTC Campaign To Control Prediction Markets

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    The U.S. Commodity Futures Trading Commission is simultaneously asserting exclusive jurisdiction over prediction markets and signaling aggressive enforcement within them, a combination that will reshape the regulatory landscape for event contract platforms — pending the outcome of several court cases throughout the country and a likely circuit split, say attorneys at Paul Weiss.

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