Appellate

  • May 19, 2026

    DC Urges Panel To Uphold National Guard Injunction

    The District of Columbia said neither federal law nor the D.C. Code authorizes the president's deployment of the D.C. National Guard for law-enforcement activities in the district, urging the D.C. Circuit to uphold an injunction barring the deployment.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Non-Clients Say Katten Attys' 'Double-Cross' Bars Immunity

    Two onetime Katten Muchin Rosenman LLP attorneys accused of violating a joint defense agreement in a federal criminal healthcare fraud investigation should not be able to avail themselves of a Texas attorney immunity doctrine, according to two co-defendants who allege they were offered as "sacrificial lambs" in a "double-cross that would make good fiction."

  • May 19, 2026

    Colo. Justices Say Deceit Law Covers Indirect Actions

    A man's conviction for attempting to influence a public servant was upheld by the Colorado Supreme Court, which ruled that a state law covers defendants who use another person to pass along false information to a public official.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Feds Say High Court Should Skip Religious Bias Vax Fight

    The U.S. solicitor general urged the U.S. Supreme Court not to wade into a religious bias case challenging New York's COVID-19 vaccine mandate for healthcare workers, arguing that a Second Circuit decision backing the case's dismissal did not undermine federal civil rights law.

  • May 19, 2026

    Pa. Justices Debate State's Immunity In Roadway Death Suit

    Pennsylvania Supreme Court justices seemed torn Tuesday between the idea that the state's Department of Transportation doesn't "own" everything above and below its roadways and the concept that the agency could duck liability for obvious risks like falling branches or crumbling bridges.

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

  • May 19, 2026

    Ex-Marketing Workers Take 401(k) Forfeiture Suit To 2nd Circ.

    Two former marketing company employees said they're going to ask the Second Circuit to revive their proposed class action alleging that 401(k) plan forfeitures were misused after a New York federal judge dismissed their case in April.

  • May 19, 2026

    Mass. Justices Say Profs Can Face Student Harassment Suits

    Massachusetts' highest court found Tuesday that the state's sexual harassment laws allow for suits against individuals in the academic world as well as their educational institutions, reviving a claim against a former MIT-affiliated lab director.

  • May 19, 2026

    Aspiring Georgia Justices Take Ethics Case To High Court

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court asked the U.S. Supreme Court to vacate an Eleventh Circuit ruling that allowed Georgia's judicial watchdog to issue public statements about ethics violations they are accused of committing.

  • May 18, 2026

    Boeing Owed Duty To Worker's Future Kid, Wash. Panel Says

    Boeing must face claims that a factory worker's on-the-job chemical exposure caused birth defects in his child, a Washington Court of Appeals panel said in a published ruling Monday, finding that an employer "may be liable for negligence towards an employee's not-yet-conceived offspring."

  • May 18, 2026

    FirstEnergy Urges 6th Circ. To Again Nix Investors' Class Cert.

    FirstEnergy Corp. is once again asking the Sixth Circuit to curb a class action alleging it defrauded investors by hiding its involvement in a $1.3 billion bribery scandal, urging the court to overturn class certification a second time.

  • May 18, 2026

    8th Circ. Backs Mother-Son Convictions In Reservation Murder

    A split Eighth Circuit panel has upheld the sentences of a mother and son convicted of murdering a man on the Cheyenne River Sioux Indian Reservation, rejecting their claims that home surveillance camera footage of the two beating the victim should not have been admitted because of alleged tampering.

  • May 18, 2026

    Marlboro Smoker Was Victim Of Ubiquitous Ads, Jury Hears

    A Florida jury heard opening arguments Monday in a trial over the lung cancer death of a woman who started smoking at a time when Philip Morris was "wallpapering" the nation with pro-smoking messages, her family's lawyer said.

  • May 18, 2026

    Unsafe Carriers Seem Doomed After Freight Broker Ruling

    The U.S. Supreme Court's recent holding that freight brokers can be held liable under state law for the negligent hiring of motor carriers that cause auto collisions is a "monumental" win for highway safety, plaintiffs attorneys said, as dangerous "fly-by-night" trucking companies could be put out of business.

  • May 18, 2026

    7th Circ. Considers Reviving Claims In Wind Farm Contract Row

    A Seventh Circuit panel seemed unconvinced Monday that a jury improperly awarded an Illinois wind farm contractor nominal damages in a subcontractor termination dispute, but suggested the $1 award may still be unwound if the court decides the subcontractor's claims were improperly kept from trial.

  • May 18, 2026

    Madigan Ruling May Offer High Court New Bribery Test

    The Seventh Circuit found enough "overwhelming" evidence last month to sustain the conviction of former Illinois House Speaker Michael Madigan, but a U.S. Supreme Court that's spent years narrowing the reach of public corruption laws may be interested in whether prosecutors proved a sufficiently specific quid pro quo.

  • May 18, 2026

    1st Circ. Keeps Union's Contract With VA Intact During Appeal

    The First Circuit denied a U.S. Department of Veterans Affairs request to shelve its contract with a union representing government workers during an appeal, while also pausing a lower court's order that the VA must abide by grievance procedures in the contract. 

  • May 18, 2026

    3rd Circ. Revives Webuild Asset Bid In $140M Award Feud

    The Third Circuit revived a Chilean construction company's bid to enforce a $140 million arbitral award against Italian construction giant Webuild, alleged successor to award debtor Astaldi SpA, ruling Monday in a precedential opinion that a lower court was wrong to nix the suit on jurisdictional grounds.

  • May 18, 2026

    BofA Can Arbitrate Overdraft Fee Claims, 9th Circ. Says

    Bank of America can arbitrate proposed class action claims over overdraft fees it charges its business checking account customers instead of fighting the allegations before a judicial referee, the Ninth Circuit has determined.

  • May 18, 2026

    Judge Won't Apply Foreign Court Orders To NY Stoli TM Fight

    A Manhattan federal judge has ruled that a Russian state-owned company fighting with U.S.-based distributors over the trademark rights to Stolichnaya vodka cannot stop the distributors from repeating arguments that had been rejected by Dutch and Russian courts.

Expert Analysis

  • 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.

  • Series

    Speed Jigsaw Puzzling Makes Me A Better Lawyer

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    My passion for speed puzzling — I can complete a 500-piece jigsaw puzzle in under 50 minutes — has sharpened my legal skills in more ways than one, with both disciplines requiring patience, precision and the ability to keep the bigger picture in mind while working through the details, says Tazia Statucki at Proskauer.

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