Appellate

  • June 02, 2026

    11th Circ. Affirms Ga. Concrete Bid-Rigging Conviction

    The Eleventh Circuit on Tuesday affirmed a manager's conviction for conspiring to rig bids and fix prices for tens of millions of dollars in ready-mix concrete contracts in Georgia, after finding enough evidence of his participation in the scheme.

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    LA Says DOJ's Pot Shift Can't Sway Dormant Commerce Case

    Los Angeles urged the Ninth Circuit on Monday to dispose of a dormant commerce clause challenge to the city's cannabis licensure program, saying the federal rescheduling of medical marijuana should not influence the case.

  • June 02, 2026

    9th Circ. Won't Recharge Kids' Suit Over Trump's Energy EOs

    A Ninth Circuit panel refused Tuesday to revive a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs, concluding the plaintiffs "can only speculate" that the orders will trigger agency decisions that ultimately intensify climate change.

  • June 02, 2026

    11th Circ. Raises Practicality Questions About Fla. Drag Law

    The full Eleventh Circuit grappled Tuesday with how a Florida law that criminalizes admitting minors to "adult live performances" like drag shows would square with the free speech rights, pressing the state on how to discern what's appropriate for patrons of different ages.

  • June 02, 2026

    US Pushes To Keep Trump Tariffs In Effect During Appeal

    The Federal Circuit should maintain a pause on a lower court's order blocking President Donald Trump's temporary global tariffs with respect to Washington state and two businesses, the U.S. argued, saying the merits "lopsidedly" favor a stay during the government's appeal.

  • June 02, 2026

    Tribe Waived Immunity In Casino Land Fight, NC Panel Told

    The Catawba Indian Nation can't assert blanket immunity from a development company's suit claiming the tribe "ran wild" with the access it received to privately owned land surrounding the tribe's planned casino in North Carolina, the company told a state appellate panel Tuesday.

  • June 02, 2026

    Mass. Justices Allow Trooper Body Cam Evidence In DUI Case

    A man arrested for drunken driving cannot have a state trooper's body cam footage of him excluded from evidence, Massachusetts' highest court ruled Tuesday, finding that although he may not have been aware that he was being recorded, there was ample notice and police were not breaking the law.

  • June 02, 2026

    6th Circ. Weighs Mich. City's Pride Flag Policy

    A panel of the Sixth Circuit on Tuesday wrestled with whether a Detroit-area city's decision to bar rainbow Pride flags from its flagpoles while continuing to fly flags representing countries tied to residents' national origins was a lawful expression of government speech. 

  • June 02, 2026

    DOJ Won't Move Forward With $1.8B Fund, Blanche Confirms

    Acting Attorney General Todd Blanche told lawmakers Tuesday, "we're not moving forward" with the controversial $1.8 billion settlement fund.

  • June 02, 2026

    Hemp Cos. Say DEA Overreached By Criminalizing HHC

    Two hemp companies are challenging a recent U.S. Drug Enforcement Administration rule that designated a hemp-derived psychoactive compound as a Schedule I substance, saying the agency's move was an unlawful overreach that contradicts Congress' legalization of hemp.

  • June 02, 2026

    Fox Rothschild Atty Censured Over $2.7M In Unapproved Fees

    A New Jersey-based bankruptcy partner at Fox Rothschild LLP has been censured by the Supreme Court of New Jersey after she was found to have wrongfully disbursed over $2.7 million in fees to her former firms without approval.

  • June 02, 2026

    Marketing Data Exec Can't Appeal Sanctions, 8th Circ. Says

    The Eighth Circuit has held that the owner of a marketing data firm cannot appeal a civil contempt order and sanctions against him for failing to answer a copyright lawsuit since the order was not an appealable final decision.

  • June 02, 2026

    7th Circ. Fines Deported Migrant's Atty For ChatGPT Misuse

    The Seventh Circuit has rejected a Mexican citizen's petition challenging an immigration court's removal order on the merits, while sanctioning his attorney $5,000 for filing two legal briefs "riddled with" fabricated quotes and case citations hallucinated by ChatGPT.

  • June 02, 2026

    11th Circ. May Lower Bar For Getting ERISA Claims To Court

    Several Eleventh Circuit judges voiced support during en banc arguments Tuesday for overturning precedent backing the appellate court's exhaustion requirement for federal benefits claims, signaling the potential reinstatement of a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • June 02, 2026

    10th Circ. Says Salvadoran Was Too Late To Reopen Case

    A Salvadoran national who previously lost his bid to avoid removal was too late in seeking to reopen his case before an immigration appeals board, the Tenth Circuit has ruled, rejecting his arguments over why his motion should still be deemed timely.

  • June 02, 2026

    10th Circ. Backs Toyota's Win In RAV4 Defect Suit

    The Tenth Circuit affirmed Toyota Motor Corp.'s trial win in a Colorado product liability suit over a RAV4 crash that left a passenger with a severe brain injury, saying the passenger could not challenge the jury's verdict because he failed to make the required trial and posttrial motions.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    5th Circ. Probes Standing In Challenge To EPA Asbestos Rule

    Fifth Circuit judges Monday questioned whether challengers to a U.S. Environmental Protection Agency rule that addresses chrysotile asbestos, the only known form of the carcinogen still used and imported in the country, have a legal right to sue over their alleged injuries.

  • June 01, 2026

    Fed. Circ. Debates Line Between Extortion And Settlement

    A Federal Circuit panel Monday questioned whether OpenSky Industries LLC should be punished for allegedly extorting VLSI Technology LLC by threatening to challenge its patent, or if any misconduct would be covered under a doctrine meant to protect those petitioning the government.

  • June 01, 2026

    Ala. Redistricting Fight Tests Justices' Voting Rights Ruling

    Alabama officials and Black voters have asked the U.S. Supreme Court to decide if an order requiring the state to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates constitutes a "roadmap for evading" or a faithful application of the high court's recent Voting Rights Act ruling.

  • June 01, 2026

    Colo. Justices Affirm Uninsured Motorist Rule For Insurers

    The Colorado Supreme Court unanimously decided Monday to affirm a more-than-20-year-old ruling that an insurer must plead its defenses "as soon as practicable" to participate in litigation between its insured and an uninsured motorist.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 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.

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