Appellate

  • August 06, 2026

    Wash. Justices Offer Bar Waiver After July Exam Tech Failure

    The Washington State Supreme Court said Thursday it's offering to waive the bar exam requirement for first-time applicants who were unable to take the test last week due to an abrupt cancellation driven by technical issues at the Yakima Convention Center where it was scheduled to be administered.   

  • August 06, 2026

    9th Circ. Revives Corona Clay Pollution Suit Over Creek Status

    A Ninth Circuit panel reversed a lower court's order denying a clay recycling manufacturer's request for a new trial after being found to have violated the Clean Water Act, saying significant changes to the law require another look at the case.

  • August 06, 2026

    7th Circ. Backs Outcome Health Execs' $1B Fraud Convictions

    The Seventh Circuit on Thursday upheld the convictions of two Outcome Health executives for lying about the company's capabilities and value in a $1 billion fraud, rejecting their argument that an overzealous pretrial freeze on millions in assets violated their constitutional right to hire the defense attorneys of their choice.

  • August 06, 2026

    LDS Church's 10th Circ. Win Widens Insurance Ruling Splits

    The Tenth Circuit revived a Church of Jesus Christ of Latter-day Saints' bid for coverage for a suit over sexual abuse by a church member. The decision widens a jurisdictional split over interpreting crucial policy language.

  • August 06, 2026

    Royal Caribbean Arbitration Bid Falls Flat, 11th Circ. Hears

    Passengers who claim a former Royal Caribbean Cruises Ltd. crew member secretly filmed them, including children, while they undressed urged the Eleventh Circuit on Wednesday to uphold a ruling that their case cannot be forced into arbitration.

  • August 06, 2026

    2nd Circ. Says Pillsbury Must Surrender $3.6M Retainer

    Pillsbury Winthrop Shaw Pittman LLP was ordered on Thursday to hand over a $3.6 million retainer it was paid to defend a client against criminal and civil fraud charges, with the Second Circuit upholding a ruling that the funds were part of an asset freeze order issued in a U.S. Securities and Exchange Commission case.

  • August 06, 2026

    9th Circ. Says EPA Air Quality Exception Pulled From 'Thin Air'

    The Ninth Circuit held Wednesday that the U.S. Environmental Protection Agency exceeded its authority when it approved a California air quality plan that allowed weaker backup pollution controls for the state's San Joaquin Valley, with a dissent calling it a "Kafkaesque" and "alarming" ruling.

  • August 06, 2026

    6th Circ. Slashes 'Egregious' Fee Award In Tax-Taking Suit

    Michigan attorneys representing plaintiffs in a tax foreclosure suit had their awarded attorney fees, which more than doubled the settlement they obtained in the case, slashed by a Sixth Circuit panel in a published opinion Thursday.

  • August 06, 2026

    The Dramatic Moments Set To Shape Tom Goldstein's Appeal

    Prurient revelations, brash recriminations and purportedly glaring judicial errors in Tom Goldstein's criminal case have captivated the appellate bar for nearly 19 months, and many of those moments will be center stage in the star attorney's imminent appeal.

  • August 06, 2026

    Ga. Drops Uber Tax Appeal After State High Court Loss

    Georgia's tax agency and Uber have settled their dispute over whether the ride-hailing company was required to collect and remit millions in sales taxes on behalf of drivers and customers who used its app before the Wayfair decision, the Georgia Court of Appeals said in an order Thursday.

  • August 06, 2026

    NJ Panel Limits Disclosure Of Pending Police IA Files

    A New Jersey appeals court has ruled that defense attorneys in the state are not entitled to specific evidence about internal affairs investigations against police officers who are planning to testify in criminal trials.

  • August 06, 2026

    Colo. Panel Says Ex-Commissioner Must Pay Own Atty Fees

    A former Colorado county commissioner must pay the nearly $6,000 she incurred in attorney fees for defending herself against county-triggered misconduct investigations, the Colorado Court of Appeals affirmed Thursday.

  • August 06, 2026

    ICE Appeals Teen Detention Rulings

    The Trump administration is appealing a D.C. federal judge's order barring U.S. Immigration and Customs Enforcement from immediately detaining unaccompanied immigrant minors once they turn 18 without individualized assessments.

  • August 06, 2026

    Conn. Justices Say 2022 Ruling Didn't Upend Foreclosure Law

    The Connecticut Supreme Court on Thursday allowed a decadeslong foreclosure case to proceed against the city of Hartford and a defaulted commercial mortgagor, rejecting claims that the justices had silently overturned a 1996 standing rule amid the proceedings.

  • August 06, 2026

    Judge Certifies Disney 'Toy Story 3' TM Fight For Appeal

    A California federal judge has certified for interlocutory appeal a ruling refusing to dismiss trademark claims over the "Toy Story 3" character Lotso, saying the long-running case raises an unresolved question about whether corporate affiliates' merchandising can deprive movie distributors of First Amendment protection for a character name used onscreen.

  • August 06, 2026

    NC House OKs Unpaid Suspensions For Judges Under Inquiry

    Republicans in the North Carolina House of Representatives have given the green light to a legislative proposal empowering the chief justice of the state Supreme Court to suspend trial court judges without pay if they're under investigation by the state Judicial Standards Commission.

  • August 06, 2026

    4th Circ. Says Mom Was Denied Fair Shot At Removal Relief

    A split Fourth Circuit panel said an immigration judge denied a Guinean woman's application for cancellation of removal without an adequate chance to show her removal would cause exceptional hardship for her two U.S. citizen daughters.

  • August 06, 2026

    11th Circ. Erases Worker's $800K Win In Dreadlock Bias Suit

    The Eleventh Circuit scrapped an $800,000 verdict in favor of a Black worker who claimed she was let go after complaining that she'd been racially targeted for wearing dreadlocks, ruling faulty jury instructions meant the security company she worked for should get a new trial.

  • August 06, 2026

    Ute Tribe Says Ex-Energy Manager Can't Evade Tribal Review

    A tribe in Utah is asking the Tenth Circuit to deny a former energy manager's bid to have a 13-year breach of contract dispute heard before a federal court, arguing that because of his "delay tactics," a trial in Ute Indian Tribal Courts has not concluded.

  • August 05, 2026

    3rd Circ. Backs Arbitrators' Change To Investment Fee Award

    The Third Circuit has upheld a doctrine under which arbitrators are barred from revisiting their prior decisions, in a dispute over the distribution of certain fees that resulted in a revised award expanding an asset manager's liability from $300,000 to nearly $7 million.

  • August 05, 2026

    Senate Dems Grill Trump's Judge Picks For 5th Circ., Alabama

    Senate Democrats on Wednesday dug into two judges nominated by the president to serve in Alabama district court and on the Fifth Circuit over their careful answers about who won the 2020 election and one's history of advocating against a ban on forced arbitration for workplace sexual harassment and assault claims.

  • August 05, 2026

    Unread Arbitration Emails Are Unenforceable, 9th Circ. Rules

    Arbitration agreements sent to workers aren't arbitration agreements assented to by workers, the Ninth Circuit held Wednesday, rejecting assertions from medical supplies giant Thermo Fisher Scientific that its arbitration-related emails — even if never read — sufficed to keep an ex-employee's proposed class action out of court.

  • August 05, 2026

    5th Circ. Wary Again Of FCC's Control Over Subsidy Program

    A panel of Fifth Circuit judges on Wednesday raised new questions about the Federal Communications Commission's oversight of the country's $9 billion annual telecom subsidy program after a U.S. Supreme Court decision kept the fund intact last summer.

  • August 05, 2026

    Texas Panel Cuts China Golf Cart-Maker From Fatal Crash Suit

    Litigation concerning a fatal golf cart rollover at a San Antonio country club that killed a passenger and severely injured another will have to proceed without the Chinese manufacturer as a defendant, a state appeals court ruled on Monday after finding Texas courts didn't have jurisdiction.

  • August 05, 2026

    Incumbent Wash. Justices On Top In Early Primary Results

    Three incumbent Washington State Supreme Court justices — including two governor appointees — led their respective primary races Wednesday, as a state trial judge edged ahead in the race for another open seat on the high court, according to preliminary election results.

Expert Analysis

  • 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.

  • The Paradoxical Duty To Adopt AI When You Can't Bill For It

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    Both billing for hours saved using artificial intelligence and preserving billable time by not adopting AI may violate rules of professional conduct, but until bar associations' ethics rules catch up to this emerging economic dilemma, firms must decide how to adjust fee structures themselves, says Ines Lassalle at Peyrot & Associates.

  • 4 Emerging Limits Of Employer Mental Health Notice Defense

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    A California appeals court's recent decision in Husband v. Target, addressing when an employer knows about an employee's undisclosed disability, leaves open questions about how changes in mental health awareness and workforce monitoring tools may raise the bar for what employers can claim not to know, says Benjamin Heller at RFZ Law.

  • Raptors Ruling Shows Risks Of Calif. Enviro Suit Intervention

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    Intervention in California environmental litigation can allow businesses to help defend agency approvals, but after a state appeals court's recent ruling in Raptors Are the Solution v. CropLife America, it is clear that intervention also carries a price — and that courts will hold parties accountable for the full arc of their litigation conduct, says Thierry Montoya at FBT Gibbons.

  • A Decade Later, Escobar Is Still Shaping FCA Cases

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    The U.S. Supreme Court's decision 10 years ago in Universal Health Services v. U.S. ex rel. Escobar changed the way in which lower courts evaluate False Claims Act cases — and the ruling remains vital in nearly every FCA case filed today, say attorneys at Bradley Arant.

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