Appellate

  • September 10, 2026

    9th Circ. Clears Boeing Of Liability In Police Helicopter Crash

    The Ninth Circuit affirmed a ruling Wednesday tossing product liability litigation over a 2022 Huntington Beach Police Department helicopter crash that killed an officer and injured another, finding the victims' claims against Boeing and other aircraft-makers are time-barred under the General Aviation Revitalization Act's 18-year statute of repose.

  • September 10, 2026

    Fla. Panel Orders New Trial In $604K PGA Resort Fall Suit

    A Florida appeals panel has ordered a new trial and vacated a $604,000 jury verdict in a woman's trip-and-fall suit against PGA National Resort and Spa, saying the trial court wrongly treated an out-of-date administrative rule as binding law.

  • September 10, 2026

    7th Circ. Won't Revive Mail Carrier's Race Bias Suit

    The Seventh Circuit declined to revive a U.S. Postal Service carrier's discrimination suit stemming from an altercation with his supervisor, who called police to escort him off the premises, ruling Thursday no reasonable jury could say the treatment, "however disrespectful or ill-advised," had anything to do with the carrier's race.

  • September 10, 2026

    Wash. High Court Takes Up Yakama Nation Fuel Tax Dispute

    The Washington State Supreme Court has granted a Yakama Nation fuel distributor's bid for direct review in a case challenging the state Department of Licensing's attempt to collect on a state fuel tax assessment.

  • September 10, 2026

    9th Circ. Seeks Calif. Justices' Input On USAA Rate Bias Row

    The Ninth Circuit on Thursday sought the California Supreme Court's input on a class action claiming that USAA discriminated against service members, certifying a question about whether the state insurance code prohibits insurers from charging lower-ranking military members who qualify as good drivers more than higher-ranking members who also qualify.

  • September 10, 2026

    5th Circ. Finds NC Worker Must Face Hurricane Ida Crash Suit

    The Fifth Circuit has revived claims from four people injured in a car crash with a utility worker in Louisiana following Hurricane Ida, finding that the North Carolina worker was not a "representative" of Louisiana or its municipalities, and thus not entitled to immunity under the state's natural disaster law.

  • September 10, 2026

    Colo. Judge Asked To Sanction Hospital In Gender Care Suit

    Transgender adolescent patients of Children's Hospital Colorado urged a state judge on Thursday to sanction the hospital for refusing to resume providing gender-affirming medical care for transgender youth patients, arguing that the hospital can't avoid its obligation to provide the care by blaming its providers.

  • September 10, 2026

    Patent Declaratory Judgment Actions Are Back In Vogue

    Companies facing threats of patent infringement lawsuits are increasingly embracing declaratory judgment actions, a trend attorneys attribute to two pro-patent-owner shifts: the low institution rate of Patent Trial and Appeal Board challenges and the growth of Amazon's internal patent dispute process.

  • September 10, 2026

    6th Circ. Shields Detroit Cops In Vacated-Conviction Suit

    The Sixth Circuit has ruled that qualified immunity applied to four Detroit police officers sued by a man who had spent 22 years in prison before his convictions for sexual assault and breaking and entering were thrown out, finding probable cause supported his prosecution even though dog-tracking evidence in the case was eventually discredited.

  • September 10, 2026

    9th Circ. Calls Foul On Judge's NCAA Five-Year Rule Injunction

    The NCAA's five-year eligibility limit may be a commercial rule subject to antitrust scrutiny, but a Nevada federal judge improperly blocked it to let a college baseball player keep playing with little evidence it constrained competition, the Ninth Circuit has said.

  • September 10, 2026

    DOJ Urges High Court To Revisit 9th Circ.'s Bar Of Nev. US Atty

    The Justice Department has asked the U.S. Supreme Court to revisit a recent Ninth Circuit ruling disqualifying the Trump administration's top federal prosecutor in Nevada, calling it a decision that imposes "ongoing confusion" in the executive branch.

  • September 10, 2026

    Blank Rome Atty Ouster Can't Be Appealed, Conn. Panel Rules

    The former executive director of a Connecticut public housing authority cannot challenge a judge's revocation of his Blank Rome LLP lawyer's case-specific appearance in a $16.2 million loan dispute, a state appeals court has ruled, finding a trial court decision sidelining the attorney was not a final judgment.

  • September 10, 2026

    6th Circ. Says Fatal Child Hold Excluded From Coverage

    Insurers do not have to indemnify a management services company for a child welfare agency in a lawsuit over the death of a 7-year-old who died after being restrained by workers, the Sixth Circuit said, finding the hold on the child, while improperly used, was considered an excluded professional service.

  • September 10, 2026

    1st Circ. Keeps USPS Ballot Mail Rule Blocked For Midterms

    The First Circuit on Thursday rejected a request from the U.S. Postal Service to lift a Massachusetts federal judge's order blocking new mail ballot requirements that the appellate court said would create "chaos and widespread disenfranchisement" just weeks before the November midterm elections.

  • September 10, 2026

    Indiana Justices Probe Timing Of Religious Abortion Suit

    Indiana justices sharply questioned both sides Thursday as they wrestled with whether the state's religious freedom law can be used to protect the abortion rights of Jewish women, repeatedly asking whether the case had developed enough to warrant a ruling.

  • September 10, 2026

    Mass. Panel Says Liquor Board Can Tailor Licensing Penalty

    A Massachusetts appellate court held Thursday that revoking a wholesale alcohol supplier's license for violating common ownership rules was not mandatory, finding that state law gives regulators leeway to impose a lesser punishment. 

  • September 10, 2026

    Mass. Judge Sanctioned Over Handling Of ICE At Courthouse

    Massachusetts' highest court on Thursday sanctioned a judge over her handling of a case involving a defendant wanted by immigration agents in 2018, an incident that led to federal charges that were dismissed after the judge agreed to a disciplinary process.

  • September 10, 2026

    US Asks 1st Circ. To Back $3.3M Tax Bill For 'Survivor' Winner

    A Rhode Island federal court correctly entered a $3.3 million tax judgment against the first "Survivor" winner, the government told the First Circuit, saying the former contestant failed to refute the tax assessments and had agreed to a U.S. Tax Court decision that determined his liability and penalties.

  • September 10, 2026

    5th Circ. Upholds NAR Exit From Membership Rules Case

    The Fifth Circuit found a Texas real estate broker failed to show enough evidence in a third amended complaint to bring antitrust claims challenging rules from the National Association of Realtors that mandate trade group membership to gain access to home listings.

  • September 10, 2026

    Mich. Panel Keeps 2 Detroit-Area Candidates Off The Ballot

    A Michigan appeals court has upheld an order removing two employees of a city outside Detroit from the ballot in the November election, rejecting the city's argument that a charter provision requiring municipal employees to resign before running for elected office violates the First Amendment. 

  • September 10, 2026

    FCC Ordered To Answer Petition In Discounted Ads Fight

    The Fourth Circuit has ordered the Federal Communications Commission to answer a petition from a group of Democratic candidates seeking to block an agency action that extended discounted television and radio advertising rates to committees that buy spots in coordination with political candidates.

  • September 10, 2026

    6th Circ. Says GE Asbestos Suit Belongs In Kentucky Court

    The Sixth Circuit sent a woman's suit against General Electric Co. over her husband's asbestos-related mesothelioma back to Kentucky state court, rejecting the company's argument that the man's military service warranted removal to federal court.

  • September 10, 2026

    DuPont, Spinoffs Ink Historic $590M PFAS Deal In NC

    DuPont and its spinoffs will pay $590 million to resolve claims they contaminated North Carolina's environment with forever chemicals, marking the largest total environmental damages recovery in the state's history, Attorney General Jeff Jackson and The Chemours Co. announced Thursday.

  • September 10, 2026

    High Court Bars Mo. From Using GOP Map In Midterms

    Missouri cannot use a newly drawn congressional map that favors Republicans in the midterms, the U.S. Supreme Court ruled Thursday when it stayed a federal judge's order that would've required state election officials to use the challenged map despite the Missouri Supreme Court deeming it invalid without voter approval.

  • September 09, 2026

    Kalshi Seeks Rehearing After 9th Circ. Loss

    Kalshi on Wednesday asked the Ninth Circuit to rehear its dispute with Nevada regulators, arguing the appeals court miscast its sports event contracts as sports bets in an August opinion that cleared the way for the state's gaming regulators to pursue the prediction market platform.

Expert Analysis

  • 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.

  • 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.

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