Appellate

  • June 25, 2026

    Justices Say Asylum Rights Begin On US Soil

    The U.S. Supreme Court on Thursday ruled that federal immigration officials can turn away noncitizens without valid travel documents who haven't physically crossed the southern border when U.S. ports of entry are at capacity.

  • June 24, 2026

    Atty DQ Over Inadvertent Doc Disclosure Overturned

    A California state appeals court has upended the disqualification of defense counsel in a sexual battery suit, saying documents undermining the case that were accidentally produced via a Dropbox link were not privileged.

  • June 24, 2026

    Mich. Tribe Says BCBS Hid Facts Behind ERISA Time Bar

    Counsel for the Saginaw Chippewa Indian Tribe of Michigan told a Sixth Circuit panel Wednesday that claims against Blue Cross Blue Shield that it did not seek lower, Medicare-like rates for the tribe's plan members should not be time-barred because tribe members did not know until 2014 that the insurance company had been overpaying for coverage.

  • June 24, 2026

    4th Circ. Says Cyber Co. Owes Nothing In Licensing Row

    The Fourth Circuit has said a Virginia federal court got it right the second time when dispensing with a long-running dispute between cybersecurity company Vir2us and a cloud-enabled cybersecurity firm that Vir2us says owes it royalties under a patent licensing deal.

  • June 24, 2026

    Mass. SJC Backs DNA Testing In Self-Defense Murder Bid

    A man who was convicted in 2007 of murdering his girlfriend should have been allowed to ask for DNA testing of the handles of knives he said she attacked him with, Massachusetts' highest court said Wednesday.

  • June 24, 2026

    Split 2nd Circ. Denies Bail To NYPD Bribery Case Cooperator

    A split Second Circuit panel has denied bail for a man once described by prosecutors as "one of the single most important" cooperating witnesses in the recent history of the Southern District of New York while he appeals his conviction in a police bribery scheme.

  • June 24, 2026

    Fla. Panel Reverses Multiplied Atty Fee In Irma Coverage Row

    A Florida state appeals court on Wednesday affirmed the award of $389,362 in attorney fees for a firm that represented a homeowner in a Hurricane Irma coverage dispute, but found that a lower court unjustifiably multiplied the award to bring it up to roughly $1 million.

  • June 24, 2026

    Fed. Circ. Nixes Protest Over VA Endoscopy System Contract

    The Federal Circuit ruled Wednesday that a healthcare IT company lacks standing to protest the U.S. Department of Veterans Affairs' awarding of a contract for a system to manage clinical information for endoscopy procedures, further finding the solicitation patently ambiguous.

  • June 24, 2026

    McIver Says 3rd Circ. Must Hear Bias Claim Now In ICE Dispute

    A Third Circuit panel wrestled Wednesday with whether it has authority to hear claims from U.S. Rep. LaMonica McIver, D-N.J., that the Trump administration's criminal indictment against her for assaulting federal officers outside an immigration detention center was vindictive.

  • June 24, 2026

    9th Circ. Reopens Alaska Airlines Workers' Religious Bias Suit

    The Ninth Circuit on Wednesday revived a suit from two flight attendants claiming they were illegally fired by Alaska Airlines and abandoned by their union for opposing the airline's support for LGBTQ+ rights, saying they demonstrated a plausible dispute about whether Alaska terminated them based on their religious beliefs.

  • June 24, 2026

    Doc's Defamation Claim Against Cigna Barred By ERISA

    In a precedential opinion dealing with an issue of first impression, the Third Circuit on Wednesday held that the Employee Retirement Income Security Act preempts a doctor's defamation claim against Cigna because the statements stemmed from the administration of his patients' health plans.

  • June 24, 2026

    11th Circ. Urged To Toss Convictions In $1.4B Hospital Fraud

    Two brothers convicted in a $1.4 billion scheme to bill insurers inflated rates for drug tests told the Eleventh Circuit on Wednesday that there was insufficient evidence to support their convictions and that they should have been allowed an evidentiary hearing after potential juror misconduct emerged following the trial.

  • June 24, 2026

    10th Circ. Revives Tribe's Okla. Lotto Exclusivity Fee Suit

    A Tenth Circuit panel remanded a determination that the Wichita and Affiliated Tribes don't have Article II standing to be excused from paying exclusivity fees under provisions of an Oklahoma-tribal gaming compact, saying their injuries are fairly traceable to Gov. Kevin Stitt's decision to change the state's electronic gaming laws.

  • June 24, 2026

    Wells Fargo Forfeiture Suit Falls Short Again

    A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

  • June 24, 2026

    Ex-Quinn Emanuel Atty To Lead Kirkland's Appellate Practice

    Kirkland & Ellis LLP announced Wednesday it has rehired a former associate, who most recently was a national appellate practice co-chair at Quinn Emanuel Urquhart & Sullivan LLP, to be the leader of its Supreme Court and appellate practice.

  • June 24, 2026

    11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

    The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

  • June 24, 2026

    State Police Sgt. Can't Escape Race Bias Suit, 4th Circ. Says

    A Maryland State Police sergeant must face a lawsuit alleging he excluded two Black task force members from meetings and failed to address a subordinate officer's racist text message, with the Fourth Circuit ruling Wednesday that a reasonable supervisor would've understood his actions violated civil rights law.

  • June 24, 2026

    Fed. Circ. Won't Revisit Ruling On $1.5B IT Contract Correction

    The Federal Circuit declined an IT contractor's request to rehear a case that led to the U.S. Department of Commerce taking corrective action over a $1.5 billion procurement during litigation.

  • June 24, 2026

    Va. Prison Officials Immune In Strip Search Suit, 4th Circ. Says

    The Fourth Circuit ruled Wednesday that Virginia prison officials can be granted qualified immunity from a federal lawsuit alleging they subjected an incarcerated person to an unconstitutional number of strip searches.

  • June 24, 2026

    DOJ Nominee Questioned About Deleted Social Media Posts

    A nominee for a top U.S. Department of Justice position, who is a real estate attorney turned tech entrepreneur, came under fire on Wednesday for past social media posts that he's now deleted.

  • June 24, 2026

    Conn. Justices Threaten Sanctions For AI Errors

    The Connecticut Supreme Court has threatened to sanction GLG Law LLC and one of its attorneys for submitting documents in two cases "that misrepresented the law through the use of generative artificial intelligence," according to a Tuesday order that summoned them to appear in court next month.

  • June 24, 2026

    5th Circ. Sides With Starbucks On Union Backer's Firing

    The Fifth Circuit has reversed a National Labor Relations Board decision finding that Starbucks unlawfully fired a worker for supporting a unionization effort at the store, saying the decision rested on insufficient evidence that the coffee giant acted out of anti-union animus.

  • June 24, 2026

    Green Groups Ask DC Circ. To Halt Pa. Oil Plant Extension

    Four environmental groups have asked the D.C. Circuit to review the U.S. Department of Energy's emergency orders extending the life of a fossil fuel power plant outside Philadelphia, joining other litigation challenging the Trump administration's efforts to keep alive oil, gas and coal power generators that had been slated to shut down.

  • June 24, 2026

    Feds, Hemp Cos. Fight Over DEA's New HHC Rule In 2 Circuits

    The U.S. Drug Enforcement Administration and a pair of hemp product companies are butting heads in the Fourth and Ninth circuits over a newly enacted DEA rule expressly listing hexahydrocannabinol, or HHC, as a Schedule I substance under the Controlled Substances Act.

  • June 24, 2026

    How 3 Courts Are Approaching AI Adoption

    The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

Expert Analysis

  • Columbia Software IP Ruling Tests Royalty Damages Model

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    The Federal Circuit's recent decision in Columbia University v. Gen Digital, vacating a damages verdict involving foreign software sales, provides guidance on ambiguities surrounding the worldwide royalty damages model established by the court's decision in Brumfield v. IBG two years ago, say attorneys at Munger Tolles.

  • Turning To The Courts When PBM Reform Falls Short

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    The effectiveness of state laws intended to regulate pharmacy benefit managers remains uncertain, but litigation — utilizing tried-and-true theories like breach of contract and fair dealing — offers another mechanism through which stakeholders may seek relief from PBMs, say attorneys at Reed Smith.

  • Opinion

    Immigration Appeals Rule Would Prevent Meaningful Review

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    Justice Stephen Breyer’s book “Making Our Democracy Work” offers a useful lens through which to consider what is at stake for the Executive Office for Immigration Review's legitimacy as the government asks the D.C. Circuit to revive an interim final rule that would have fast-tracked decisions by Board of Immigration Appeals, says Tara Kennedy at Kennedy Law.

  • 2 'Rocket Dockets' And The Rules That Propel Them

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    The fastest civil trial courts in the country are currently in the Eastern District of Virginia and the Southern District of Florida, and their chief judges provide insights into the court rules that keep them ahead, says Robert Tata at Hunton.

  • Retailer Risk Reduction Tips As Email Marketing Suits Surge

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    Amid a flood of email marketing lawsuits following last year's Washington Supreme Court ruling in Brown v. Old Navy, retailers seeking to avoid high litigation costs can take several steps to reduce risks by focusing on their email subject lines advertising sales, says Gonzalo Mon at Kelley Drye.

  • Why Nuclear Licensees Must Watch 2nd Circ.'s Holtec Review

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    In reviewing a New York federal court's preemption ruling concerning disposal of nuclear materials, the Second Circuit must confront the lower court's recognition of a purpose-based path to field preemption, which could be game-changing for nuclear material licensees, says Andrew Averbach at Womble Bond.

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

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