Appellate

  • July 16, 2026

    Immigration Board Clarifies Burden To Argue Bad Counsel

    The Board of Immigration Appeals has clarified the requirements to reopen removal proceedings due to ineffective counsel, saying a copy of a bar complaint and proof of its filing are needed, or an explanation as to why one wasn't filed.

  • July 16, 2026

    Aramark Asks Full 5th Circ. To Nix Aetna ERISA Arbitration Bid

    Food services company Aramark urged the full Fifth Circuit to deny Aetna's request to arbitrate allegations that it cost Aramark millions by bungling health benefits claims, arguing that the insurer is attempting to twist U.S. Supreme Court precedent to kick the case out of court.

  • July 16, 2026

    3 Sitting Judges Eye Montoya-Lewis' Wash. High Court Spot

    Since Washington Supreme Court Justice Raquel Montoya-Lewis announced in January she wouldn't seek a second term on the high court, three sitting judges have entered the race for her open seat: a Seattle state trial court judge, a member of Washington's Court of Appeals and a superior court judge in rural Mason County.

  • July 15, 2026

    Circuit-By-Circuit Guide To The US Supreme Court's Term

    Federal appeals courts had wide-ranging successes and struggles during the U.S. Supreme Court's recently completed term: One had its best showing in years following its worst showing in years; one felt déjà vu after recently starting to find favor with the justices; and one saw its reputation for independence occupy a rare role in the Supreme Court spotlight.

  • July 15, 2026

    Intel, Google Fight 'Free Rein' Given To USPTO Head

    Intel and Google have asked the U.S. Supreme Court to vacate a Federal Circuit ruling upholding the U.S. Patent and Trademark Office's precedent allowing Patent Trial and Appeal Board petitions to be denied based on related litigation, saying the ruling essentially gives the patent office director "free rein."

  • July 15, 2026

    Oil Giants Can't Move Chicago's Climate Suit, 7th Circ. Says

    The Seventh Circuit on Wednesday kept the city of Chicago's climate deception suit against BP, Shell and other oil giants in Illinois state court, saying the oil companies could not lean on their fuel production for the federal government to remove the case to federal court.

  • July 15, 2026

    Texas Appeals Court Flips $9M Misrepresentation Verdict

    A Texas appellate court reversed a $9 million verdict awarded to an energy engineering and construction company, saying the construction company failed to show economic harm beyond the loss of a contractual benefit and therefore its negligent misrepresentation claim was barred.

  • July 15, 2026

    Mich. Panel Backs No-Contact Order, Sets Constitutional Test

    A woman convicted of methamphetamine possession lost her appeal of a probation condition restricting contact with her husband after a Michigan appellate panel ruled the limitation was justified by her rehabilitation, while also establishing a new legal standard for reviewing probation conditions that affect constitutional rights. 

  • July 15, 2026

    NC's WakeMed Hit With $18.2M Verdict Over Birth Injury Claim

    A North Carolina hospital system was hit with an $18.2 million jury verdict over claims its doctor botched a delivery, causing a newborn to lose all ability to use his left arm for life.

  • July 15, 2026

    Acorda Can't Add $66M To Award In Ampyra Royalty Fight

    The Second Circuit on Wednesday refused to alter an arbitral award issued to Acorda Therapeutics to include nearly $66 million beyond the $16.6 million it won in a multiple sclerosis drug dispute, saying the company "slept on its rights" and couldn't change the result now.

  • July 15, 2026

    DOJ Asks DC Circ. To Stay USDA Grant Revival Order

    The Trump administration is asking the D.C. Circuit to pause a district judge's injunction ordering the U.S. Department of Agriculture to reinstate more than $100 million in land access program grants aimed at assisting "underserved" farmers, arguing that the case belongs in the Court of Federal Claims.

  • July 15, 2026

    10th Circ. Judge Urges Inmate Sex Consent Precedent Review

    A federal appeals court judge in the Tenth Circuit said that underlying case law in the circuit surrounding sexual relationships between incarcerated people and their jailers should be revisited, and that the circuit should stop assuming these relationships can be consensual.

  • July 15, 2026

    Mich. Panel Says Missed Fee Doesn't Bar Jury Trial

    The Michigan Court of Appeals said in a published opinion that a trial court should not have denied a jury trial in a civil case where, two years into proceedings, it was discovered that the plaintiff never paid the fee required by Michigan statute to have a jury trial.

  • July 15, 2026

    4th Circ. Rejects Golden Corral's COVID-19 Coverage Do-Over

    The Fourth Circuit on Wednesday declined to walk back a North Carolina federal judge's five-year-old decision denying Golden Corral insurance coverage for pandemic-era business interruption losses, finding a belated state Supreme Court victory for policyholders in another case doesn't merit a redo.

  • July 15, 2026

    2nd Circ. Revives NY Provider's BCBS Underpayment Suit

    The Second Circuit on Wednesday revived a New York healthcare provider's suit accusing out-of-state Blue Cross Blue Shield licensees of underpaying insurance claims, saying the carriers' long-standing business relationship with a New York licensee to obtain preferential prices in the state supports jurisdiction there.

  • July 15, 2026

    9th Circ. Revives PPP Fraud Suit Against Calif. Mortgage Co.

    The Ninth Circuit Wednesday revived whistleblower entity Relator LLC's lawsuit accusing a California mortgage lender and its founder of making false statements in a federal loan application, saying in a published opinion that information backing Relator's allegations was not already publicly available so as to bar its claims.

  • July 15, 2026

    Trump Swiftly Fires Court-Appointed Seattle US Atty

    Almost immediately after being sworn in as Seattle's new U.S. attorney Wednesday morning, former King County Superior Court judge and federal prosecutor Roger Rogoff was fired by President Donald Trump.

  • July 15, 2026

    CIT Judge Says Order Incoming For Next Tariff Refund Phase

    The U.S. Court of International Trade judge overseeing U.S. Customs and Border Protection's development of a duty refund system for tariffs struck down by the U.S. Supreme Court forecast new directions for the government as it prepares another phase of its tariff refund system, according to an order published Wednesday.

  • July 15, 2026

    Pa. Panel Backs Benefits For Giant Eagle Worker Hit By Car

    A Pittsburgh pharmacy technician can get workers' compensation after she was hit by a car during her 15-minute lunch break, since the break was limited enough to fall under the "personal comfort doctrine" in state law, a divided appellate court ruled Wednesday.

  • July 15, 2026

    NC Panel Nixes Nurse Noncompetes For Being 'Too Broad'

    A medical clinic provider couldn't convince a North Carolina state appeals court to overturn a ruling that noncompete agreements for two former nurses were unenforceable, after a split panel ruled Wednesday that the terms were overly broad and voidable under public policy.

  • July 15, 2026

    NJ Justices Rule Fraud Law Applies To Insurance Brokers 

    Insurance brokers, producers and agents are not exempt from the Consumer Fraud Act under an exception for semiprofessionals, the New Jersey Supreme Court held Wednesday, reviving a neurosurgeon's allegation his insurance broker negligently failed to obtain sufficient disability insurance for him after he developed a vision condition.

  • July 15, 2026

    Ga. Court Says State Rep. Must Face Wrongful Death Suit

    Georgia State Rep. Trey Kelley, R-Cedartown, will have to face a wrongful death lawsuit filed by the father of a man who was struck and killed in a bicycle accident, the Georgia Court of Appeals said Wednesday, reversing a lower court's dismissal of the case.

  • July 15, 2026

    Ex-Investor Urges Del. High Court To Revive Higher Damages

    The Delaware Supreme Court heard arguments Wednesday over whether the Delaware Chancery Court improperly limited evidence used to calculate a $6.9 million award to a former member of a Philadelphia-area EB-5 investment company, with each side accusing the other of misapplying Delaware law governing expert evidence and attorney fee awards.

  • July 15, 2026

    Texas Court Says $350M Claim Can't Include General Counsel

    The statewide Texas appeals court found that the former CEO of software company Reynolds and Reynolds cannot include the company's general counsel in a $350 million employment lawsuit, saying in a split opinion that the company's general counsel has immunity in this case.

  • July 15, 2026

    Title Co. Can't Keep Tax Refund, Wash. Panel Rules 2nd Time

    A Washington appeals panel handed a win again to the state Department of Revenue, reversing a lower court order that the department owed an $11 million tax refund to a title insurance and settlement services company.

Expert Analysis

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

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