Appellate

  • June 22, 2026

    Board Says Asylum Was Properly Denied In Light Of DUIs

    The Board of Immigration Appeals said an immigration judge reasonably denied a Cameroon man's bid for asylum based on multiple driving under the influence convictions, despite granting his application for withholding of removal to the African country.

  • June 22, 2026

    Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

    The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

  • June 22, 2026

    Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

    A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 22, 2026

    10th Circ. Says Fire Chief Immune From Termination Suit

    A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

  • June 22, 2026

    Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

    A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

    The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

  • June 22, 2026

    Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

    A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

  • June 22, 2026

    Feds Appeal Toss Of Ábrego García Charges

    The Trump administration said it is appealing a Tennessee federal judge's decision to throw out the human smuggling charges that it brought against Kilmar Ábrego García.

  • June 22, 2026

    Fla. Panel Revives Malpractice Suit Over Sex Offender Error

    A Florida appellate court panel revived a man's malpractice lawsuit alleging his public defender failed to investigate whether he was required to register as a sex offender, finding the attorney hadn't shown he was entitled to summary judgment. 

  • June 22, 2026

    FERC Says Texas LNG Project Is 'Environmentally Acceptable'

    The Federal Energy Regulatory Commission defended its continued approval of a liquefied natural gas project in South Texas, telling the D.C. Circuit it had addressed the court's previous concerns by expanding its analysis of the project's polluting effects.

  • June 22, 2026

    Fla. Court Vacates US Rep.'s Contempt For Flipping The Bird

    A Florida appeals court has vacated a contempt finding for Rep. Randy Fine, R-Florida, after he allegedly flipped off an opposing party during a virtual hearing, finding that the trial court should have let Fine's attorney have a break to prepare a written motion to disqualify the judge.

  • June 22, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court this past week handled disputes involving executive compensation, take-private transactions, books and records demands, tender offers and alleged insider misconduct.

  • June 22, 2026

    Justices Won't Review Dispute Over Tax Fraud Deadline

    The U.S. Supreme Court declined on Monday to review a woman's challenge against the Internal Revenue Service over the period in which the agency can assess taxes on a taxpayer when a fraudulent third party triggers the liability.

  • June 22, 2026

    Gov't Says It Should Face Vax IP Claims, Not Moderna

    The U.S. Department of Justice has told the Federal Circuit that multibillion-dollar patent infringement litigation should be directed at the government, instead of Moderna, for the drugmaker's development and supply of COVID vaccines during the pandemic.

  • June 22, 2026

    Quinn Emanuel 'Star' Atty Named Appellate Co-Chair

    A Quinn Emanuel Urquhart & Sullivan LLP partner who has handled appeals of high-profile clients including Elon Musk and Jay-Z has been named national appellate practice co-chair, the firm announced Monday.

  • June 22, 2026

    Pa. Landowner Not Entitled To Approval Of Factory On Spec

    The developer of a proposed industrial facility in Northampton County, Pennsylvania, was not entitled to zoning approval if it could not identify a future tenant, a state appellate court ruled Monday.

  • June 22, 2026

    6th Circ. Ties Pot Biz Delays To Bureaucracy, Not A Violation

    The Sixth Circuit has thrown out a real estate developer's suit against the city of Pontiac, Michigan, and its clerk alleging they violated constitutional rights by delaying approvals of a proposed cannabis operation until it was no longer viable, saying the delays were an instance of discretionary actions in bureaucracy, not constitutional violations.

  • June 22, 2026

    Mass. Justices Approve Ballot Question On Open Primary

    A ballot question proposing to replace Massachusetts' party-based primary election system with an open primary may go to voters in November, the state's highest court said Monday.

  • June 22, 2026

    Justices Say Conviction In Patz Case Was Wrongly Overturned

    The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

  • June 22, 2026

    Justices Seek Solicitor General's Views On Drug Pricing Law

    The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

  • June 22, 2026

    High Court Leaves Intact Mich. Drone Hunting Restrictions

    The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

  • June 22, 2026

    High Court Won't Wade Into Fight Over CBA Leave Provision

    The U.S. Supreme Court on Monday turned down a Minnesota teachers union local's bid for review of an Eighth Circuit decision that revived a taxpayer challenge to a collective bargaining agreement's policy letting workers take paid time off to work for their union.

  • June 22, 2026

    Supreme Court Won't Review HFC Reduction Law

    The U.S. Supreme Court on Monday denied a Georgia refrigerants company's petition to review a 2020 environmental law and subsequent U.S. Environmental Protection Agency regulations requiring an 85% reduction in hydrofluorocarbon consumption by 2036, rejecting a chance to either modify or replace the "intelligible principle" test in nondelegation cases.

Expert Analysis

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

  • Sripetch May Prove To Be An Empty Victory For The SEC

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    The U.S. Supreme Court's recent decision in Sripetch v. U.S. Securities and Exchange Commission held that the SEC need not prove pecuniary harm for disgorgement, but if the commission must still identify victims and distribute funds in a compensatory way, it faces the same economic problem as before the ruling, says Erin Smith at Compass Lexecon.

  • 9th Circ. Cooler Ruling Chills 1st Mover Lanham Act Claims

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    The Ninth Circuit's recent decision in Vericool World v. Igloo Products that Vericool's claim of being first-to-market with an ecocooler was not actionable under the Lanham Act largely foreclosed false advertising litigation over first mover status, so potential plaintiffs should instead look to patent counseling or intellectual property strategy for these claims, say attorneys at Manatt.

  • Mapping 5 Fronts Of The Prediction Markets Regulatory Battle

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    The legal framework governing prediction markets is under simultaneous challenge in five independent areas, and the outcomes will determine not just who can operate prediction markets, but the compliance obligations of every participant in the ecosystem, says Ivor Wolk at Manatt.

  • Patent Ruling Highlights Risks Of Late Inventorship Fixes

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    The Federal Circuit's recent decision in Implicit v. Sonos demonstrates the risk of forfeiture with retroactive correction of inventorship in inter partes review proceedings, with a clear message to the patent community that potential inventorship issues should be considered at every stage of a patent's life cycle, say attorneys at BCLP.

  • Adjusting IPR Tactics As Google Fights 'Settled Expectations'

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    Google’s petition for the U.S. Supreme Court to scrutinize the Patent Trial and Appeal Board's so-called settled expectations practice underscores why accused infringers facing older asserted patents should treat discretionary denial as a case-dispositive risk from day one, says attorney Abdul Abdullahi.

  • 3 Misconceptions About Justices' FCC Fines Ruling

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    The U.S. Supreme Court's June 4 Federal Communications Commission v. AT&T decision rejecting AT&T’s and Verizon’s argument that the commission's forfeiture process violates the Seventh Amendment has yielded three common reactions that misunderstand the decision as a matter of law and how the FCC actually operates, says Samuel Feder at Jenner & Block.

  • SEC Disgorged Fund Distribution Is Next Query After Sripetch

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    Following the Supreme Court's Sripetch v. U.S. Securities and Exchange Commission decision, investor harm isn't required for the SEC to obtain a disgorgement award, but future cases must resolve whether the commission will be freed from a requirement to distribute disgorged funds to the victims of alleged misconduct, says Daniel Walfish at Katsky Korins.

  • If Upheld, Wash. Millionaire Tax Could Upend State Law

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    The Washington Supreme Court could open the door to broader income, rental and corporate taxes if it defies precedent and the historically established desires of voters by redefining the state constitution's concepts of “income” and “property” to uphold a new tax on wages over $1 million, says Richard Birmingham at Davis Wright.

  • Trump Admin's Agency Records Purge Tests Judicial Notice

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    While courts commonly take judicial notice of data in government websites and reports, the Trump administration's recent modification or wholesale deletion of these sources means that litigants must look elsewhere to support trial admission of this information, says Jon Gryskiewicz at Lewis Baach.

  • Series

    Cow Horse Makes Me A Better Lawyer

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    Moving an unwilling 800-pound cow while riding a horse at high speed is exhilarating, a little unhinged and, at least for me, a surprisingly effective training ground for litigation — both demand focus, preparation over rigid planning and the willingness to act despite fear, says Ashley Zitrin at Glenn Agre.

  • Fla. Driver Ruling Shows Renewed Focus On Privacy Standing

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    A Florida federal court's recent dismissal of a class action alleging that private driving records had been improperly used in violation of the Driver's Privacy Protection Act suggests that companies defending against privacy class actions in Florida may reconsider Article III challenges at the dismissal stage, say attorneys at Sidley.

  • Vax Ruling Offers Employer Tips For Handling Political Speech

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    A California appeals court's recent decision in Rademacher v. ABC, rejecting a "General Hospital" actor's suit alleging he was terminated for opposing a vaccine policy, demonstrates the importance of the employer's process, including neutral policies, documentation, and evidence of who knew what and when, say attorneys at Krevolin Horst.

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