Appellate

  • June 29, 2026

    Ore. Top Court Takes PacifiCorp Case As Judge Won't Recuse

    The Oregon Supreme Court has agreed to hear an appeal of a decision overturning PacifiCorp's classwide liability for wildfire damages affecting about 2,000 property owners, days after an appeals judge who did work for the utility in private practice declined to recuse herself.

  • June 29, 2026

    Wash. Panel Revives Claims Over Fertility Operation Injury

    A Washington appeals panel revived two claims against healthcare providers lodged by the family of a woman who suffered permanent brain damage as the result of an allergic reaction during an egg-retrieval procedure, ruling Monday that a lower court was wrong to toss the claims.

  • June 29, 2026

    Justices Look To Shed Light On Jury Role In Pepsi TM Battle

    The U.S. Supreme Court's decision to hear a trademark fight over PepsiCo's "Mtn Dew Rise Energy" drink gives the justices a chance to clarify when juries, rather than judges, should decide whether a mark is inherently strong — a narrow question that attorneys say could affect how often infringement cases survive summary judgment.

  • June 29, 2026

    Gov't Arg. For DOGE Access Stay Is 'Red Herring,' Judge Says

    The Trump administration can't convince a Maryland federal judge to rescind her order opening discovery into allegations the Department of Government Efficiency flouted her orders to stop accessing sensitive Social Security Administration data.

  • June 29, 2026

    9th Circ. Revives Felon's Case Over Cash Nicked By FBI Agent

    An Ohio man who pled guilty to drug trafficking charges will have a second shot at arguing that he should get back $218,000 that was found in his safe but stolen by an FBI agent, under a Ninth Circuit decision issued Monday.

  • June 29, 2026

    3rd Circ. Preview: DuPont Pensions, Detainees' Court Access

    An appeal testing the limits of ERISA fiduciary liability goes before the Third Circuit in July when DuPont and Corteva seek to overturn a district court ruling that a corporate spinoff damaged employees' retirement benefits. The court will also hear argument on whether heavy equipment giant Caterpillar forced a competitor out of business by pressuring a vendor. Here are some highlights from the court's July calendar.

  • June 29, 2026

    Illinois Panel Says $2M Med Mal Deal Bars Hospital Liability

    A split Illinois appellate panel ruled Monday that a $2 million medical malpractice settlement between a patient and an emergency room doctor barred claims against a hospital, saying a clause in the settlement agreement didn't trump Illinois legal precedent.

  • June 29, 2026

    The End Of An 'Independent' FTC

    Federal Trade Commission members, responsible for merger review, antitrust enforcement, consumer protection safeguards and rulemaking, and industry analysis, no longer serve at a remove from presidential authority, thanks to Monday's U.S. Supreme Court ruling that could dramatically remake the FTC and other independent agencies.

  • June 29, 2026

    Hospital That Halted Gender Care Must Show Cause

    A Colorado state court judge issued a citation on Friday to Children's Hospital Colorado ordering it to show cause for why the hospital refuses to provide gender-affirming care to patients in violation of a preliminary injunction order issued by the Colorado Supreme Court. 

  • June 29, 2026

    Trump Admin To Appeal Block On Voter Database Expansion

    The Trump administration is appealing a D.C. federal judge's decision to block its expansion of a database that allows states to screen voters.

  • June 29, 2026

    Colo. Justices Nix Group's Fine For Not Disclosing Donors

    A conservative political organization that spent more than $4 million on Colorado ballot initiatives during the 2020 election is not an issue committee under the state's constitution and can't be fined for not disclosing its donors, the Colorado Supreme Court unanimously held Monday.

  • June 29, 2026

    Justices To Weigh Attorney Fees In Noncitizen Habeas Suits

    The U.S. Supreme Court on Monday agreed to consider whether the Equal Access to Justice Act allows detained noncitizens who prevail in habeas corpus cases to be awarded attorney fees.

  • June 29, 2026

    Phone Warrant In Murder Case Passes Conn. Justices' Muster

    The Connecticut Supreme Court has ruled that a trial court was correct in refusing to suppress a murder suspect's cellphone data, saying the warrant was "sufficiently particular."

  • June 29, 2026

    High Court Blocks Roy Moore's Bid To Preserve $8.2M Win

    The U.S. Supreme Court on Monday rejected an emergency stay request from former Alabama Supreme Court justice Roy Moore, shooting down his attempt to save an $8.2 million defamation verdict he was awarded for his claims that a Democratic PAC ad suggested he solicited a minor for sex.

  • June 29, 2026

    Sotomayor Says 7th Circ. 'Clearly Wrong' In Immunity Ruling

    The U.S. Supreme Court on Monday refused to take up a case over whether qualified immunity was correctly granted to two Wisconsin prison guards who left a naked man in an often freezing cold cell for 23 hours, drawing a dissent from Justices Sonia Sotomayor, Elena Kagan and Ketanji Brown Jackson.

  • June 29, 2026

    2nd Circ. Revives Penalty Collection Fight In $380M Tax Case

    The Second Circuit revived penalty collection challenges Monday by six companies found to owe $380 million to the IRS from participating in a tax scheme, saying an appeals officer's failure to verify that fines had been approved by a supervisor invalidated the collection process.

  • June 29, 2026

    Gaiman Assault Suit Belongs In New Zealand, 7th Circ. Says

    A Seventh Circuit panel on Monday affirmed the dismissal of a former nanny's suit accusing "Sandman" author Neil Gaiman of sexually assaulting her while in New Zealand, finding the dispute should be heard in that country rather than Wisconsin where he currently lives as a lawful permanent resident.

  • June 29, 2026

    Insulin Makers Can't Nix 340B Antitrust Claims On Remand

    A New York federal judge trimmed proposed class action claims by providers alleging Sanofi-Aventis and other drugmakers colluded to deny them discounts on insulin products under the 340B program, allowing most of their state-law antitrust claims to survive but dismissing their unjust enrichment claims.

  • June 29, 2026

    Fed. Circ. Asked To Rethink Axed $469M IP Feud Against Dish

    ClearPlay wants the full Federal Circuit to look at part of a panel decision that didn't reinstate a $469 million jury verdict against Dish Network LLC in a patent suit, saying the challenged portion of the decision deepens a conflict with U.S. Supreme Court precedent.

  • June 29, 2026

    Colo. Justices Say Dad Missed Deadline In Fatal Crossing Suit

    The Colorado Supreme Court ruled Monday that a father cannot proceed with his lawsuit against a city and utility over his daughter's death after being struck by a car, finding that the one-year deadline to bring survival claims applies even when no legal representative was appointed before the victim's death.

  • June 29, 2026

    Fed. Circ. Declines WDTX Transfer Bid In Crypto Patent Case

    The Federal Circuit on Monday refused to back cryptocurrency mining company Core Scientific Inc.'s bid to move a case accusing it of infringing cryptography patents to the Western District of Texas, rejecting Core's arguments that it had clearly shown a transfer was necessary and that a magistrate judge had committed legal errors in disagreeing.

  • June 29, 2026

    Board Reins In Asylum Credibility Findings Based On Candor

    The Board of Immigration Appeals ruled Monday that immigration judges can't find noncitizens credible solely based on their candidness about having previously lied to obtain immigration benefits.

  • June 29, 2026

    8th Circ. Backs Tossing Ark. Worker's Pharmacy Network Suit

    The Eighth Circuit on Monday turned down an employee health plan participant's bid to revive a proposed class action alleging CVS Caremark unjustly enriched itself by failing to comply with Arkansas laws on pharmacy network adequacy, holding a lower court didn't err in tossing the dispute.

  • June 29, 2026

    Former NJ AG Pushes To End Suit Over Tossed RICO Case

    Former New Jersey Attorney General Matt Platkin asserts that a lawsuit from a former CEO indicted in New Jersey's now-dismissed criminal racketeering case against South Jersey power broker George E. Norcross III squarely implicates the protections afforded to prosecutors.

  • June 29, 2026

    Justices Asked To Revive Fight Over Texas Sacred Site

    Two members of a Native American church are asking the Supreme Court to reverse a Fifth Circuit decision that said the city of San Antonio's plans for a park expansion did not substantially burden their religious rights, arguing that the appellate court "joined the wrong side of two existing circuit splits."

Expert Analysis

  • Series

    Moshing Makes Me A Better Lawyer

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    Entering a mosh pit is much like entering the practice of law — it is difficult, you have to know both the written and unwritten rules, and conduct yourself according to the expectations of each community, says Christopher Deubert at Constangy Brooks.

  • High Court Ruling Casts Doubt On Status-Based Gun Bans

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    The U.S. Supreme Court’s recent ruling in U.S. v. Hemani demonstrates that the justices are increasingly skeptical of broad theories of categorical disarmament and clarifies that dangerousness cannot simply be presumed from one's status or membership in a statutory category, such as illegal drug use, says Lee Francis at Widener Law.

  • Why Highly Specialized Experts May Risk Exclusion At Trial

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    Expert witnesses with highly specific areas of focus may be vulnerable to exclusion in court, making it important for attorneys to check how potential witnesses' qualifications can be bolstered by their publications and other professional activities, say Evan Weisberg and Christopher Cunio at Hunton, and Kevin Cahill at FTI Consulting.

  • Steps For Employers After 7th Circ. BIPA Retroactivity Ruling

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    The Seventh Circuit's recent ruling in Clay v. Union Pacific sharply limits per-scan statutory damages theories in pending Biometric Information Privacy Act cases by retroactively applying a 2024 amendment, but employers should not mistake the holding for a broad safe harbor, say attorneys at Thompson Coburn.

  • How NEPA Review Has Changed Since Seven County

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    A year after the U.S. Supreme Court's decision in Seven County Infrastructure Coalition v. Eagle County instituted major changes to judicial review under the National Environmental Policy Act, courts are effectively applying the decision, but where things go from here may be up to agencies and project proponents, say attorneys at Venable.

  • A Midyear Look At Antiterrorism Act Jurisprudence And Policy

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    Plaintiffs have filed comparably fewer new actions under the Antiterrorism Act this year, though a handful of key decisions further defined the statute’s aiding-and-abetting standard and highlighted continuing risks for financial services companies, say attorneys at Skadden.

  • Justices' ICA Ruling Provides Certainty For Regulated Funds

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    The U.S. Supreme Court's recent ruling in FS Credit v. Saba that a contract-rescission provision of the Investment Company Act does not provide investors with a private right of action is a victory for the regulated fund industry, emphasizing that where Congress intended to create private remedies, it did so expressly, say attorneys at Simpson Thacher.

  • Justices' Obstruction Ruling Clears Venue-Challenge Path

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    While the U.S. Supreme Court’s recent ruling in Abouammo v. U.S. poses venue challenges for federal obstruction of justice prosecutions, it is a gift for defense counsel because it offers a clean, constitutional basis to challenge venue where a place of falsification and a place of investigation diverge, says Liz Aloi at MoFo.

  • Drawing A Line Between Settlement Pressure And Extortion

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    U.S. v. Luo, pending in the U.S. District Court for the Southern District of New York, may force courts to address anew when settlement negotiations become criminal extortion, particularly in the age of easily fabricated digital evidence, says attorney Denis Kiely.

  • Recent Cases Clarify When Risk Disclosures Trigger Liability

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    Several recent decisions highlight circumstances where risk disclosures can constitute actionable misrepresentations, providing clarity on how the Private Securities Litigation Reform Act's safe harbor and the common-law bespeaks caution doctrine apply to risk disclosures, and how publicly traded companies can guard against such claims, say attorneys at Katten.

  • Securities Class Cert., 5 Years After Goldman Ruling

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    The U.S. Supreme Court's 2021 decision in Goldman Sachs Group v. Arkansas Teacher Retirement System has not only armed defendants in securities cases with more arguments in individual class certification fights, but may also be providing greater certainty and finality in class certification battles, say attorneys at Skadden.

  • Opinion

    Md., Colo. Climate Rulings Point To Need For Federal Solution

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    As the U.S. Supreme Court prepares to review the Colorado Supreme Court's 2025 ruling in Boulder County v. Suncor U.S. Inc., which green-lit a state-level climate lawsuit, a recent conflicting ruling from the Maryland Supreme Court underscores why a uniform federal answer on climate litigation is needed now, says Phil Goldberg at Shook Hardy.

  • High Court's FCC Ruling Adds To Comms Industry Paradox

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    The Supreme Court's recent decision in Federal Communications Commission v. AT&T, finding that the FCC's informal forfeiture process survives Seventh Amendment scrutiny, opens some doors for regulated entities, but the practical effect may be surprisingly constrained, says Jonathan Marashlian at The CommLaw Group.

  • Series

    Founding An Autism Academy Made Me A Better Lawyer

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    Starting a nonprofit autism school with no building, no funding model and no guarantee that families would trust us taught me the importance of mission, patience and purpose — lessons that sharpened my practice and showed how meaningful work outside the office can make lawyers better, says Phillip Russell at Ogletree Deakins.

  • Why Private Sector Should Watch Gov't DEI Firing Class Bid

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    Former federal employees' class certification attempt in Fell v. Trump is worth following, as their challenge of the Office of Personnel Management's elimination of DEI positions raises questions about commonality in employee classes and protections for nonminority advocacy that reach beyond the public sector, says Shaun Southworth at Southworth PC.

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