Appellate

  • June 25, 2026

    Clinic Manager Asks 4th Circ. To Upend 6-Year Fraud Sentence

    A clinic manager who paid patients in gift cards is challenging her six-year prison sentence, telling the Fourth Circuit on Thursday that a federal judge failed to consider other mitigating factors when sentencing her for healthcare fraud and failing to file a tax return.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    11th Circ. Challenges Exclusion In Arson Death Dispute

    An Eleventh Circuit panel appeared skeptical of a property insurer's argument that an exclusion for a failure to maintain an apartment complex freed it from defending the owner in a wrongful death suit stemming from arson.

  • June 25, 2026

    5th Circ. Backs FDA's Block On Vape Marketing

    The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

  • June 25, 2026

    Mich. Justices Revive BAC Proof In Fatal Crash Prosecution

    The Michigan Supreme Court ruled that a jury should be allowed to hear evidence that a motorcyclist killed in a traffic collision may have been intoxicated at the time of the crash, reversing lower court decisions that excluded the evidence from a criminal prosecution against the driver of the other vehicle.

  • June 25, 2026

    Allstate Not Liable For Contractor's Spam Calls, 7th Circ. Says

    Allstate Insurance Co. can't be held vicariously liable for a subcontractor's spam calls to a man on a do-not-call list because the insurer did not know the company had been hired and could not be directly linked to allowing that extra layer of marketing, the Seventh Circuit said Wednesday.

  • June 25, 2026

    3rd Circ. Vexed By Diabetic Worker's Atty, AI Issues

    A Third Circuit panel questioned Thursday whether a hospital employee's disclosure of her diabetes was "too little, too late" to trigger an accommodation after she was written up for sleeping on the job — and whether her attorneys should be sanctioned for filing a minor motion that appeared to include AI-hallucinated citations.

  • June 25, 2026

    Mich. Panel Says Detroit Schools Can't Use Tax For Bond Debt

    The Detroit Public Schools Community District and its predecessor have lost a bid to continue collecting an operating tax after an emergency loan is paid off, with an appellate court panel finding state law does not allow the tax to be levied to pay off other long-term debts. 

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    8th Circ. Backs Immunity In DAPL Protest Injury Dispute

    A panel of the Eighth Circuit has upheld a decision to dismiss a challenge by an environmentalist who was severely injured by North Dakota law enforcement during a protest over the Dakota Access pipeline, finding the officers are entitled to immunity and her claims of 14th Amendment violations do not meet a "shocks the conscience" threshold.

  • June 25, 2026

    Senate Confirming Judges Faster Than In Trump's 1st Term

    The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

  • June 25, 2026

    7th Circ. Won't Reinstate Trans Bus Driver's Bias Suit

    The Seventh Circuit declined to revive a transgender bus driver's suit claiming the Chicago Transit Authority fired him due to his gender identity, ruling he failed to show the decision was driven by prejudice rather than claims that he took medical leave that wasn't approved.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

  • June 25, 2026

    High Court Strikes Down Hawaii Gun Restrictions

    The U.S. Supreme Court ruled Thursday that a Hawaii law banning people from bringing firearms onto private property open to the public without express permission from the owner violates the Second and 14th amendments.

  • June 25, 2026

    Justices Let Trump End Temporary Status For Haiti, Syria

    The U.S. Supreme Court on Thursday gave the green light to the Trump administration to move forward with ending temporary protected status for Haitians and Syrians, ruling that courts are barred from reviewing such determinations.

  • June 25, 2026

    Monsanto Wins High Court Fight Over Roundup Cancer Warnings

    The U.S. Supreme Court on Thursday handed Monsanto a win in its long-running litigation battle over the labeling of alleged cancer risks of its bestselling weedkiller Roundup, clearing the path for a $7.25 billion settlement to end thousands of suits facing the Bayer AG unit by finding that the state law claims underlying a $1.25 million jury verdict are barred.

  • 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.

Expert Analysis

  • Federal Officer Removal After Justices' La. Pollution Ruling

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    In the wake of the U.S. Supreme Court's recent ruling in Chevron USA v. Plaquemines Parish, companies seeking to use federal officer removal to move litigation out of state court should ask three questions, focusing on government contract language, federally directed activity and related conduct, say attorneys at Hollingsworth.

  • Series

    Competing At Poker Makes Me A Better Lawyer

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    Playing poker in male-dominated rooms taught me to treat skepticism as background noise when my opponents seem to underestimate me, to apply pressure when it matters and to adapt without losing strategic discipline — skills that are all indispensable in restructuring and insolvency matters, says Alexis Gambale at Pashman Stein.

  • Revisiting TransUnion's Underused Standing Rule, 5 Years On

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    The Ninth Circuit Court of Appeals' recent use of the U.S. Supreme Court’s now five-year-old TransUnion v. Ramirez rule specifying that the "mere risk of future harm" isn't concrete enough to support a damages claim presents an opportunity to revisit this underutilized standing rule, say attorneys at Horvitz & Levy.

  • 5 Things Associates Must Ask About Their Firm's Merger Plan

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    The associates who navigate law firm mergers best ask the right questions early, such as inquiring about partners' plans, to assess how the merger could affect their workflow and career path, says Jackie Bokser-LeFebvre at Major Lindsey.

  • Uncertainty Looms After Justices' Withdrawal Liability Ruling

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    The U.S. Supreme Court's recent holding in M&K Employee Solutions v. Trustees of the IAM National Pension Fund increases the unpredictability of withdrawal liability assessments, so employers should prepare for a range of assessments and be equipped to challenge unreasonable ones, say attorneys at Winston Taylor.

  • CFTC Trading Rule Can't Police Prediction Markets Yet

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    The Commodity Futures Trading Commission’s recent efforts to police insider trading in prediction markets through a post-Dodd-Frank anti-fraud rule exposes doctrinal gaps around misappropriation theory, leaving platforms to fill the void with win-rate-based surveillance, says attorney Tamara de Silva.

  • 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.

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