Appellate

  • October 05, 2026

    Split 9th Circ. Backs Ex-GM Worker's $5M Bribery Conviction

    A split Ninth Circuit on Monday upheld a former General Motors Co. commodity manager's conviction for soliciting a $5 million cash bribe from an auto parts supplier in return for ensuring it secured a $100 million contract.

  • October 05, 2026

    FCC Evading Courts With 'Gamesmanship,' DC Circ. Told

    The Federal Communications Commission is pursuing a road map for evading judicial review of major rulings, an advocacy group warned the D.C. Circuit in a case challenging Fox TV's Philadelphia license.

  • October 05, 2026

    State Watchdogs Bristle At Prediction Market Incursion

    A group of state gaming regulators has urged the U.S. Supreme Court to consider reviewing Kalshi's ability to offer sports-related contracts in New Jersey, nodding to recent case law that has cut against the decision that gave rise to the state's petition.

  • October 05, 2026

    Intel Case May Clarify Dismissal Standard For 401(k) Suits

    The U.S. Supreme Court will hear arguments Tuesday from former Intel Corp. workers looking to revive a suit claiming their retirement savings suffered because of shoddy investments, a case that could shed light on what it takes to keep challenges to allegedly subpar 401(k) offerings alive.

  • October 05, 2026

    'Shocking' COVID Vaccine Appeal Meets Skeptical 2nd Circ.

    A Second Circuit panel expressed doubt Monday that Yale healthcare workers who resisted the COVID-19 vaccine could blame a private entity for alleged constitutional violations, with one judge saying the appeal is the stuff of pro se filings, and it was "shocking" to see that an attorney had brought it.

  • October 05, 2026

    High Court Won't Review Medical Tape Antitrust Case

    The U.S. Supreme Court refused Monday to review a case accusing medical supplies group purchasing giant Vizient Inc. of locking in hospital customers, after the lower courts found a medical tape supplier failed to define a market that Vizient allegedly monopolized.

  • October 05, 2026

    9th Circ. Invited To Take A Crack At Feds' Calif. Egg Law Suit

    A California federal judge refused Friday to toss the federal government's challenge to a Golden State law banning the sale of eggs laid by hens raised in "cruel" conditions, but allowed California to file an interlocutory appeal, finding "there is substantial ground for difference of opinion" on the government's standing.

  • October 05, 2026

    High Court Revives Murder-For-Hire Plea Appeal After Hunter

    The U.S. Supreme Court on Monday vacated a Second Circuit decision dismissing the sentencing appeal of a man who pled guilty to a role in a murder-for-hire plot, telling the circuit court to take another look in light of the high court's new miscarriage-of-justice exception for criminal appeal waivers.

  • October 05, 2026

    Justices Won't Hear 10th Circ. Tulsa Officer Immunity Case

    The U.S. Supreme Court declined on Monday to review a Tenth Circuit decision denying a former Tulsa police officer qualified immunity from a civil suit alleging she used excessive force when she shot and killed an unarmed man.

  • October 05, 2026

    Worker Fired After Flu Vax Rift Can't Get High Court Traction

    The U.S. Supreme Court refused Monday to hear a Black former health system employee's challenge to the dismissal of her suit alleging that racism, as opposed to noncompliance with the company's flu vaccine requirement, got her fired.

  • October 05, 2026

    7th Circ. Rejects Ex-Club Prez's Claim Of Fake Canceled Debt

    The Seventh Circuit upheld the dismissal of a former country club president's claim that the club filed a fraudulent information return with the IRS reporting a canceled debt, saying he failed to make a case for overturning precedent that limited taxpayers' ability to seek damages for fraudulent return filings.

  • October 05, 2026

    Pepperdine Asks 9th Circ. For Another Shot At Netflix TM Suit

    Pepperdine University is urging the Ninth Circuit to revive its trademark suit over the "Waves" team name used in a Netflix sports comedy series starring Kate Hudson, arguing that the district court judge's approach, "would give the entertainment industry carte blanche to infringe trademarks at will."

  • October 05, 2026

    High Court Won't Vacate Habeas Ruling After Case Turns Moot

    The U.S. Supreme Court on Monday declined to review a Fourth Circuit ruling that blocked a federal prisoner's constitutional challenge to a sentence enhanced under the formerly mandatory federal sentencing guidelines.

  • October 05, 2026

    Mass. Justices Weigh Duties Of DAs, Judges After ICE Arrests

    Justices on Massachusetts' highest court Monday appeared willing to endorse a requirement that prosecutors and judges make formal efforts to get federal immigration officials to bring defendants in their custody to court for pending criminal cases before issuing a default warrant or dismissing a case.

  • October 05, 2026

    Groups Ask DC Circ. To Revive CMS Hemp Program Case

    A coalition of interests challenging a Centers for Medicare & Medicaid Services program to provide patients access to federally legal hemp products told the D.C. Circuit on Monday that a lower court was wrong to dismiss their petition.

  • October 05, 2026

    1st Circ. Doubts Harvard Grant Fight Belongs In Claims Court

    The First Circuit Monday appeared skeptical that a lower court erred in backing Harvard University in a suit over the Trump administration's bid to freeze more than $2 billion in grant funding, suggesting that the case had been decided in the proper venue.

  • October 05, 2026

    Justices Won't Review SC Beach Gear Rental Antitrust Case

    The U.S. Supreme Court refused a petition Monday from a beach equipment rental company seeking to revive its antitrust case accusing a South Carolina city of using its municipal ordinances to monopolize the market.

  • October 05, 2026

    Deported Mass. Student May Be Beyond 1st Circ.'s Reach

    The First Circuit on Monday hinted that it may not have the ability to revive a Massachusetts college student's immigration case because she chose to remain abroad after being deported, meaning she is no longer in federal custody.

  • October 05, 2026

    Fed. Circ. Orders Tossing Indemnity Bid On Different Grounds

    The Federal Circuit on Monday ordered a federal district judge to lift an order dismissing shopping mall owner Simon Property Group's indemnification claim against gift card company Blackhawk Network over a patent infringement case involving methods of executing card payments.

  • October 05, 2026

    Justices Won't Review Christian Worker's COVID Testing Case

    The U.S. Supreme Court opted Monday not to take up a Christian worker's challenge to a split Eighth Circuit panel decision that nixed her lawsuit alleging a Minnesota county violated her religious rights by requiring her to undergo weekly COVID-19 testing.

  • October 05, 2026

    9th Circ. Pauses Rogoff's Return As Seattle US Atty

    The Ninth Circuit has put on hold a Washington federal judge's decision to reinstate Roger Rogoff as Seattle's top federal prosecutor, a post Rogoff held for less than an hour before he was fired by President Donald Trump.

  • October 05, 2026

    DOJ, Google Want DC Circ. 'Priority' For Search Appeal

    The U.S. Department of Justice and Google jointly asked the D.C. Circuit to prioritize their cross-appeals in the search monopolization case in order to schedule oral arguments as soon as Dec. 9.

  • October 05, 2026

    Justices Pass On Fatal Drunk-Driving Qualified Immunity Case

    The U.S. Supreme Court on Monday declined to review a ruling granting qualified immunity to an Alabama sheriff's deputy who was accused of killing a passenger in a crash while driving drunk and off duty, then fleeing the scene.

  • October 05, 2026

    Justices Want SG's View On 3 Antitrust Cases

    The U.S. Supreme Court on Monday called for the solicitor general's view in antitrust cases involving hard drive component prices, allergy testing and treatment, and insulin products sold through a drug discount program.

  • October 05, 2026

    NJ Panel Tosses Geofence Warrant, Upending Robbery Case

    A New Jersey appeals court has ruled that police were incorrectly granted a geofence warrant because their application failed to establish a "nexus" between a string of gas station robberies and a potential suspect's cellphone location data.

Expert Analysis

  • Ill. Law Firm MSO Bill Clashes With Court Power, Ethics Rules

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    An Illinois bill prohibiting law firms from certain business arrangements with management service organizations, sent to the governor for signature last week, encroaches upon the courts' constitutional powers and goes beyond the Illinois Rules of Professional Conduct in regulating investment in law-related services, says Matthew O’Hara at Smith Gambrell.

  • Google Antitrust Case Puts Spotlight On De Facto Exclusivity

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    Mozilla's recent amicus filing in U.S. v. Google arguing that its agreement to make Google the default search engine did not amount to de facto exclusivity highlights the growing debate over traditional indicators of exclusivity, with implications for any business that uses rebates, preferred contracts or volume incentives, says Chris Gowen at WilmU Farnan School of Law.

  • Justices' Montgomery Ruling Doesn't Expand Shipper Liability

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    Whether negligent hiring liability claims against shippers will increase after the U.S. Supreme Court's decision last month in Montgomery v. Caribe Transport II is anyone's guess, but the ruling itself will have no impact on shippers' actual liability in personal injury claims relating to trucking accidents, says Ronald Leibman at McCarter & English.

  • GHG Rescission Undermines State Climate Suit Preemption

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    As the U.S. Supreme Court considers the fate of state climate litigation in Suncor Energy Inc. v. Boulder County, it must confront the fact that the U.S. Environmental Protection Agency's rescission of its greenhouse gas endangerment finding has also removed the foundation for federal preemption of state climate suits, says attorney Gregg Goldfarb.

  • 3rd Circ. Decision Sheds Light On BIPA Bank Exemption

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    The Third Circuit's recent decision in McGoveran v. Amazon illuminates how courts are extending the Illinois Biometric Information Privacy Act's financial institution carveout beyond banks and insurers to technology vendors and other businesses handling biometric data, a defendant-friendly shift that still casts uncertainty around BIPA's enforcement, say attorneys at Dorsey & Whitney.

  • Opinion

    State Courts Must Be Gatekeepers Of Expert Testimony

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    Based on my experience in the state judiciary, emulating federal courts' role as gatekeepers of expert witness testimony would help state court judges maintain the appearance of impartiality and assist juries, thus enhancing the overall confidence people have in their justice system, says Lorie Gildea at Greenberg Traurig.

  • 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.

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