Appellate

  • October 09, 2026

    Arizona Tribe Loses Bid To Pause Border Wall Construction

    A D.C. federal judge has denied an Arizona tribe's request to block border wall construction on its reservation pending appeal, saying the Indigenous nation hasn't identified any reason for reconsideration of a previous decision that reached the same conclusion.

  • October 09, 2026

    Pa. Odd Fellows Lodge Can't Take Over Philly Charity

    The Pennsylvania leaders of the International Order of Odd Fellows can't take over a Philadelphia charity that a local lodge had organized 140 years ago, since amendments to the charity's charter and bylaws giving the "Grand Lodge" control had not followed the original charter or state law, an appellate panel has ruled.

  • October 08, 2026

    Pasadena Worker Accuses 9th Circ. Of 'Lies' In COVID Ruling

    A Pasadena police employee on Thursday failed to convince the Ninth Circuit to give him a second shot at suing the city over its COVID-19 vaccination policy, rejecting his argument that a panel decision in the matter was "rife with lies, misstatements, material omissions and total fabrications."

  • October 08, 2026

    Starbucks Says NLRB Ignored Repeat Dress Code Violations

    Starbucks asked the Fifth Circuit on Thursday to vacate a National Labor Relations Board decision that the coffee chain flouted federal labor law by stepping up dress code policy enforcement without bargaining beforehand, arguing management at a unionized Oregon store followed the company's established corrective action policy.

  • October 08, 2026

    DOJ Urges Justices To Keep Anti-ICE Activist Detained Pretrial

    Federal prosecutors on Thursday urged the U.S. Supreme Court to leave in place a Sixth Circuit ruling that a self-described "antifa" member must remain in jail pending trial on charges that he cyberstalked and threatened a social-media supporter of U.S. Immigration and Customs Enforcement.

  • October 08, 2026

    Wash. Justices Say Privacy Act Doesn't Bar Hospital Pixel Use

    The Washington State Supreme Court said Thursday the state's privacy act does not prohibit Seattle Children's Hospital from using web analytics tool Meta Pixel on its public-facing website, rejecting a group of parents' allegations that their browsing and search activity was illegally intercepted and sent to the Facebook parent company.

  • October 08, 2026

    Coinbase Tells 2nd Circ. Only CFTC Oversees Event Contracts

    Event contracts that Coinbase offers, including sports event contracts, are swaps over which the Commodity Futures Trading Commission has "exclusive" jurisdiction, the company has urged the Second Circuit to rule, arguing Connecticut's laws have "no role to play" in regulating prediction markets.

  • October 08, 2026

    Dodd-Frank Act Is Focus Of Latest Amici In NJ-Kalshi Case

    Multiple amici, including the drafter of the Dodd-Frank Act, weighed in on New Jersey’s petition for the U.S. Supreme Court to review the regulation of prediction markets and sports betting, saying the statute was not meant to displace state gambling laws.

  • October 08, 2026

    Pa. Justices Urged To Toss $207M UPenn Med Mal Verdict

    The U.S. Chamber of Commerce has pressed the Pennsylvania Supreme Court to overturn a lower court ruling that allowed a record $207 million medical malpractice verdict, saying because no individual hospital employee was found negligent, the case improperly expands vicarious liability into an unprecedented "team liability" doctrine.

  • October 08, 2026

    Hotel Guest Argues Info Exchange Fight Fits Digital Era

    The give-to-get nature of a software service allowing luxury hotels to access competitors' occupancy data only upon contributing their own should be enough to plausibly outline an age-old illegal information exchange in the more modern digital era, a hotel guest told the Seventh Circuit.

  • October 08, 2026

    High Court Urged To Keep Prison Trans Care Ban Blocked

    The U.S. Supreme Court should decline the Trump administration's request to disturb a district court order barring the Federal Bureau of Prisons from enforcing a gender dysphoria care ban, a group of transgender individuals incarcerated in BOP facilities argued Thursday.

  • October 08, 2026

    8th Circ. Won't Rethink $110M Deal For Broker Fees Suit

    The Eighth Circuit has rejected an objector's bids to rethink its decision to affirm $110.6 million worth of antitrust class action settlements that aim to resolve broker fee claims against the National Association of Realtors and multiple brokerages.

  • October 08, 2026

    DC Circ. Won't Rehear Ruling Blocking Fla. Wetlands Permits

    The D.C. Circuit has denied a petition from the federal government for an en banc rehearing of a previous court decision vacating the EPA's authorization for Florida to run a Clean Water Act permitting program for dredging and filling wetlands.

  • October 08, 2026

    Energy Companies' Win In NYC Greenwashing Suit Affirmed

    A New York appeals court on Thursday affirmed the dismissal of a New York City suit accusing BP, Exxon and Shell of deceiving consumers about the environmental effects of their gasoline products and alternative energy investments.

  • October 08, 2026

    Justices Told Award Moots Burford's 3rd Circ. Challenge

    A German claims aggregator is citing an award it received in ongoing arbitration involving Burford Capital as reason for the U.S. Supreme Court to pass on the litigation funder's certiorari petition seeking review of an unfavorable Third Circuit decision.

  • October 08, 2026

    Fla. Panel Trims Punitive Damages Claim By Ex-Marvel CEO

    The former CEO of Marvel Entertainment can request punitive damages against his neighbor in a feud over the surreptitious collection of DNA evidence but not against the neighbor's attorney or a Chubb affiliate accused of helping him, a Florida appeals court has ruled.

  • October 08, 2026

    $13.4M Conn. Insurance Fight Won't Resume Amid Appeal

    A Connecticut judge won't lift a stay on a mother's lawsuit seeking to enforce a $13.4 million trial judgment over her son's death in a group home because the group home still has time to appeal a decision affirming the judgment.

  • October 08, 2026

    Mich. Justices Mull Bias Claim Of Same-Sex Wedding Officiant

    The Michigan Supreme Court on Thursday questioned whether the state's civil rights law protects employees from discrimination based on their association with people in protected classes, as a former Calvin University professor argued that the school unlawfully fired him for officiating a same-sex wedding.

  • October 08, 2026

    Fed. Circ. Told Trade Secret Suit 'Never' Should've Been Filed

    A Federal Circuit panel focused Thursday on when a business analytics software company's unsuccessful trade secret case against a rival may have crossed the line into bad faith litigation, warranting nearly $2.8 million in attorney fees from a Utah federal judge.

  • October 08, 2026

    Ga. Appeals Panel OKs Police Gang Investigator As Expert

    The Georgia Court of Appeals on Thursday that a police investigator who has interviewed more than 150 members of a specific street gang and has attended gang investigation trainings is qualified to serve as an expert witness in a criminal trial.

  • October 08, 2026

    Coastal County Tells Texas Justices It's Free To Tax Stored Oil

    A Texas county's property tax on stored oil that companies said was bound for export doesn't violate the import-export clause of the U.S. Constitution, the county told the state's high court Thursday, saying a significant amount of oil remained in the state.

  • October 08, 2026

    Man Appeals $10M Tax Bill Over Unreported Company Income

    A man is appealing a U.S. Tax Court order that found he owes around $10.4 million in taxes and penalties for failing to report company funds he used for personal expenses such as luxury cars, according to a notice filed Thursday.

  • October 08, 2026

    7th Circ. Backs Ex-Chicago Atty's Tax Fraud Conviction

    The Seventh Circuit affirmed a man's two-and-a-half-year prison sentence for tax fraud, witness tampering and contempt Thursday, rejecting his argument that the government didn't present sufficient evidence to prove that he was guilty of filing false corporate and individual income tax returns.

  • October 08, 2026

    2nd Circ. Says Filed Rate Doctrine Bars Utility Bond Claims

    The Second Circuit has declined to revive a suit alleging Bloomberg LP reclassified certain utility company bonds to hike interest rates paid by electricity customers, finding that customers cannot challenge such rates because the utilities filed the interest rates with state regulators before issuing the bonds.

  • October 08, 2026

    DOT Tells 2nd Circ. Congestion Pricing Fight In Wrong Court

    The Trump administration doubled down on its efforts to eliminate New York's congestion pricing, telling the Second Circuit that the underlying contract dispute was heard in the wrong court and that it shouldn't be handcuffed to now-disfavored policies of earlier administrations anyway.

Expert Analysis

  • 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.

  • When Do Murals Qualify For IP Protection?

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    Artist Robert Wyland recently sued FIFA for painting over his 1999 "Ocean Life" mural to make room for a World Cup promotion in Dallas, spotlighting questions over the extent to which copyright law and the Visual Artists Rights Act protect different types of art, say attorneys at Armstrong Teasdale.

  • How Justices' Habeas Ruling Limits Compassionate Release

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    The U.S. Supreme Court's recent holding in Fernandez v. U.S. that a federal prisoner who challenges their conviction's validity must do so through habeas, not compassionate release, considerably narrows the universe of arguments that can support a sentence reduction, says attorney Elizabeth Franklin-Best.

  • The Banking Issue Hiding In Justices' Freight Broker Ruling

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    While the U.S. Supreme Court’s recent liability preemption ruling in Montgomery v. Caribe Transport was front-page news for the transportation industry, the banking industry seems to have missed that the decision exposes freight broker lenders to credit, documentation and litigation issues, say attorneys at Barack Ferrazzano.

  • Insurance Ruling Extends NY Bad Faith To 3rd-Party Coverage

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    In Renergy v. Mt. Hawley Insurance, a New York federal court recently granted a policyholder leave to amend its complaint to clarify a bad faith claims handling cause of action, confirming, after nearly 20 years, that bad faith damages are available in the third-party liability context, say attorneys at Barnes & Thornburg.

  • Opinion

    Rule Of Law Requires Gov't Engagement With Bar, Not Retreat

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    A federal agency's absence from national and local bar conferences, most recently illustrated by the U.S. Department of Justice's withdrawal from a New York City Bar Association white collar conference, disserves the bar, the government lawyers themselves and, ultimately, the administration of justice, says Muhammad Faridi at Linklaters.

  • Fed. Circ. Clarifies Standard For Contesting CICA Overrides

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    The Federal Circuit's recent holding in Life Science Logistics strengthens the hand of protesters facing an override of the Competition in Contracting Act stay, and a Court of Federal Claims decision the same day demonstrates that how a protester frames its requested relief remains critically important, says Richard Arnholt at Bass Berry.

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