Appellate

  • July 22, 2026

    5th Circ. Stays Lower Orders In 90-Day Bond Hearing Review

    The Fifth Circuit granted the Trump administration's request to pause several habeas judgments while the court reconsiders whether the federal government has the authority to detain noncitizens for more than 90 days without providing a bond hearing.

  • July 22, 2026

    Trump's Expiring Global Tariff Is Valid, US Tells Fed. Circ.

    President Donald Trump's temporary global tariff is lawfully authorized under a statute allowing the executive branch to address serious balance-of-payment deficits, a term that can easily be construed to include the economic conditions referenced in the implementing order, the government told the Federal Circuit.

  • July 22, 2026

    Wash. Law Bars Discriminatory HOA Enforcement, Panel Says

    The Washington State Court of Appeals reversed the dismissal of the Washington State Human Rights Commission's administrative housing bias complaint against a homeowners association and other parties, ruling that the state's discrimination law stops homeowners associations from using their rules to discriminate against people.

  • July 22, 2026

    AGs Appeal Order Blocking RealPage Damages In MDL

    Attorneys general for Kentucky, Washington state, New Jersey, Maryland and D.C. have asked the Sixth Circuit to review a district court ruling barring them from seeking damages on behalf of their residents alongside private plaintiffs' settlements in a sweeping multidistrict litigation accusing landlords of using RealPage software to collude on rent prices.

  • July 22, 2026

    DOL Takes Swipe At Derisking Cases In Bristol-Myers Brief

    The U.S. Department of Labor urged the Second Circuit to shut down a suit claiming drugmaker Bristol-Myers Squibb violated federal benefits law by offloading $2.6 billion in pension liabilities to a risky annuity provider, saying benefit plans stand to suffer if courts greenlight flimsy claims of injury.

  • July 22, 2026

    9th Circ. Won't Reopen Vax Bias Suit Against Wash. Officials

    The Ninth Circuit upheld a Washington state agency's win in a suit alleging it unlawfully fired over a dozen employees rather than accommodate their religious objections to the COVID-19 vaccine, ruling they hadn't shown the agency was purposely hostile toward religion.

  • July 22, 2026

    10th Circ. Nixes Tractor Injury Verdict Over 'Obvious' Hazard

    The Tenth Circuit has reversed a jury verdict that favored a farmer who was run over by his own tractor, finding the tractor maker had no duty to warn him of the "open and obvious" hazard of getting out of, and stepping in front of, a moving tractor.

  • July 21, 2026

    DC Circ. Affirms HHS Authority Over 340B Rebate Plans

    The D.C. Circuit on Tuesday upheld a lower court's finding that U.S. Department of Health and Human Services has the authority to block or approve drugmakers' efforts to implement rebates instead of discounts under the 340B drug-pricing program.

  • July 21, 2026

    Trump, DOJ Sued For Firing Court-Appointed Seattle US Atty

    Roger Rogoff, a former Washington state judge who was sworn in as Seattle's new U.S. attorney last week and then swiftly fired by the Trump administration, filed a federal lawsuit Tuesday against President Donald Trump and the U.S. Department of Justice, saying their "attempt to fire him cannot stand."

  • July 21, 2026

    7th Circ. Affirms NYT, Getty Photogs Not Targeted By Cops

    A Seventh Circuit panel Tuesday affirmed a lower court's ruling that photojournalists for The New York Times and Getty who say they were struck by foam baton rounds while documenting civil unrest at the Kenosha County courthouse in 2020 were not intentionally targeted or singled out by officers.

  • July 21, 2026

    Data Capture Alone Doesn't Violate Calif. License Plate Law

    A California state appeals court has refused to revive a proposed class action that accused a vehicle location data company of unlawfully collecting drivers' data through automatic license plate readers, saying in a published opinion that the suit's plaintiff couldn't lean on his "subjective belief" that his privacy was invaded.

  • July 21, 2026

    NJ Court Revives Challenge To Prom Season Motel Rental Limits

    A New Jersey appeals court on Monday revived a constitutional challenge to a municipal ordinance banning anyone under 21 from booking a hotel or motel room during prom and graduation season, giving Jersey Shore motel owners another chance to argue that the ordinance violates would-be hotel customers' constitutional rights, at least under the state constitution.

  • July 21, 2026

    Pa. Justices Reject Prior Case, End 'Open Fields Doctrine'

    The Pennsylvania Supreme Court on Tuesday issued stronger protections for private property owners, holding that the state's charter protects against an "open fields doctrine" that allows state game authorities to search a property without a warrant for game violations.

  • July 21, 2026

    DC Circ. Orders SEC To Rethink FINRA Arbitration Challenge

    The U.S. Securities and Exchange Commission's "largely boilerplate" letter rejecting financial service company Thrivent's bid to challenge the Financial Industry Regulatory Authority's arbitration authority didn't offer enough explanation to secure it judicial deference, a D.C. Circuit panel ruled Tuesday.

  • July 21, 2026

    7th Circ. Told To Keep Judge's MAGA Firing Fight In Fed. Court

    A retired judge looking to hold the Illinois Supreme Court liable for canceling his temporary reinstatement over a pro-MAGA opinion column told the Seventh Circuit Monday that his case belongs in federal court, saying he has no unbiased state court forum because his claims "would inevitably reach defendants themselves."

  • July 21, 2026

    7th Circ. Backs UChicago, TIAA In Spousal Pension Fight

    The Seventh Circuit backed a Wisconsin federal court's decision to hand the University of Chicago and its pension plan manager TIAA an early win in a dispute over a deceased worker's spousal pension benefits, and declined to certify a question about power of attorney authority to the Wisconsin Supreme Court.

  • July 21, 2026

    Full Fed. Circ. Won't Review Apple's ITC Loss Against Masimo

    The full slate of Federal Circuit judges will not reconsider a panel's determination that Apple has infringed Masimo Corp.'s blood oxygen monitor patents in a high-profile case that led to some Apple Watch imports being banned.

  • July 21, 2026

    DC Circ. Backs Nuclear Plant Enviro Review Rules

    The D.C. Circuit on Tuesday upheld the U.S. Nuclear Regulatory Commission's updated rules for renewing nuclear power plant licenses, rejecting arguments from antinuclear groups that the rules don't adequately account for climate change risks.

  • July 21, 2026

    2nd Circ. Won't Be Savior For 'Made In Heaven' Koons IP Case

    The Second Circuit on Tuesday declined to save a prop and set designer's suit accusing artist Jeff Koons of copyright infringement with his "Made in Heaven" series from the late 20th century, saying the prominence of the works should have gotten the designer's attention sooner.

  • July 21, 2026

    Ohio Can't Pause Halt Of Hemp Law During Appeal, Judge Says

    Ohio lost its bid Monday in federal court to be allowed to enforce a new law that reclassifies hemp products as marijuana, as a judge rejected the state's arguments that the hemp product manufacturers and sellers waited too long to file their lawsuit.

  • July 21, 2026

    Chamber Asks 2nd Circ. To Back Toss Of Pepsi Smoking Suit

    A New York federal judge rightly tossed allegations that Pepsi violated federal benefits law by making employees who smoke pay more for health insurance, the nation's largest business lobby argued in an amicus brief, urging the Second Circuit to affirm dismissal of the suit.

  • July 21, 2026

    Texas Appeals Court Revives Ex-CEO's Claims Against REIT

    A Texas appeals court on Tuesday revived claims brought by the former CEO of Houston-based Whitestone REIT accusing his ex-employer of ousting him without cause, saying that the REIT failed to show it should win as a matter of law.

  • July 21, 2026

    DC Circ. Sides With FCC In Spectrum Revamp Row

    The D.C. Circuit on Tuesday rejected challenges to the Federal Communications Commission's overhaul of the 4.9 gigahertz public safety band, ruling that the Spectrum Act gave AT&T partner FirstNet broad authority to build its network without confining it to just one band.

  • July 21, 2026

    Mullen Fights To Keep Patent Suit Against Samsung Alive

    Mullen on Tuesday opposed a magistrate judge's recommendation that the court find invalid its patents covering location-based services on mobile devices asserted against Samsung, saying it is at odds with a recent Federal Circuit decision.

  • July 21, 2026

    Class Cert. In Avandia MDL Undone For Lacking Stats

    The Third Circuit undid class certification for a group of health plans claiming GlaxoSmithKline deceptively marketed its diabetes drug Avandia, with a panel majority ruling Tuesday the plans needed stronger statistical analysis to show links between the marketing, the revelation of side effects and a drop in sales.

Expert Analysis

  • Opinion

    5th Circ.'s Abortion Pill Order Is Shaky On Multiple Grounds

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    The Fifth Circuit's recent order in Louisiana v. U.S. Food and Drug Administration, reinstating an in-person dispensing requirement for the abortion medication mifepristone, seems to turn federalism upside-down, and is also questionable for several other reasons, says Gregory Curtner at Curtner Law.

  • Series

    The Biz Court Digest: Georgia Court Has Business On Its Mind

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    Thanks to recent legislation, the Georgia State-wide Business Court will soon offer business litigants greater access to the court than ever before, further enhancing the court's emphasis on efficiency, predictability and accessibility for sophisticated commercial disputes, says former GSBC judge Walt Davis at Jones Day.

  • 5 Takeaways From Justices' Subpoena Fight Ruling

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    The U.S. Supreme Court's recent decision in First Choice v. Davenport fortifies a line of First Amendment associational privacy cases stretching back nearly 70 years, and ensures that organizations subject to government demands for donor information have a meaningful federal forum in which to defend their constitutional rights, say attorneys at DLA Piper.

  • Where The Preemption Fight Over Prediction Markets Stands

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    While the Third Circuit's recent ruling in Kalshi v. Flaherty remains a significant win for the federal government in its quest to regulate prediction markets, the Fourth, Sixth and Ninth Circuits appear more skeptical, indicating that this fight is likely headed for the Supreme Court, says Johnny ElHachem at Holland & Knight.

  • Md. Justices' State Climate Tort Ban May Shape National Path

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    The Maryland Supreme Court’s recent ruling that federal law preempted state-level deceptive marketing tort claims brought by several municipalities could offer the U.S. Supreme Court a road map to use in the pending Suncor Energy v. Boulder County case to exclude states from the business of regulating global emissions, say attorneys at ArentFox Schiff.

  • 4 Emerging Approaches To AI Protective Order Language

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    Over the last year, at least five federal district courts have issued or analyzed specific protective order provisions restricting the use of generative artificial intelligence platforms with protected materials, establishing that proactive AI-specific provisions are now standard practice and demonstrating that no single model works for every case, says Joel Bush at Kilpatrick.

  • What Justices Are Focusing On In 'Skinny Label' Patent Case

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    Though Hikma v. Amarin appears to be a patent dispute that could reshape inducement doctrine in the pharmaceutical context, oral argument suggests the U.S. Supreme Court may treat this as primarily a pleading-stage dispute, with important unresolved questions lurking beneath the surface, says Shashank Upadhye at Upadhye Tang.

  • Employer Tips After 4th Circ. Rejects Trimmed Suit Deadlines

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    The Fourth Circuit's recent holding in Thomas v. EOTech that employers cannot use contractual provisions to shorten statutory filing periods for Title VII or Age Discrimination in Employment Act claims offers a warning for employers to review any such documents and reassess their litigation risk, say attorneys at Ogletree.

  • Binance Win Shows Constraints On Anti-Terrorism Act Claims

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    The Southern District of New York's recent ruling in Troell v. Binance illustrates that the Second Circuit's earlier decision in Ashley v. Deutsche Bank is holding weight with courts, and companies facing aiding and abetting risk should thus monitor evolving case law and assess exposure based on nexus allegations, say attorneys at Freshfields.

  • Understanding The Insider Trading Gap In Prediction Markets

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    While the first-ever insider trading indictment involving a prediction market — the recent prosecution of a service member involved in the capture of Nicolás Maduro — comprised extreme facts and straightforward legal theories, future cases will test the bounds of insider trading law, say attorneys at Baker McKenzie.

  • Heppner Ruling Left AI Privilege Risk For Lawyers Unresolved

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    While a New York federal judge’s recent ruling in U.S. v. Heppner resolved a privilege question surrounding client-side artificial intelligence use, it did not address how to mitigate the risks that can arise when confidential information enters the operative context of an AI system used by an attorney, says Jianfei Chen at Quarles & Brady​​​​​​​.

  • How 10 Years Of Case Law Have Shaped The DTSA

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    As the Defend Trade Secrets Act reaches its 10th anniversary, attorneys at Ropes & Gray examine recent DTSA case law and highlight key takeaways regarding pleading requirements, damages and risk factors.

  • The Ethics And Practicalities Of Representing AI Agents

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    With autonomous artificial intelligence agents now able to take action without explicit instructions from — or the awareness of — their human owners, the bar must confront whether existing frameworks like informed consent and client privilege will be sufficient on the day an AI agent calls seeking counsel, say attorneys at Morrison Cohen.

  • Notable Q1 Updates In Insurance Class Actions

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    Notable insurance class action decisions from the first quarter of the year included reminders about the statute of limitations as a key defense for claims relating to allegedly deficient forms, the importance of focus on the specific contract at issue and further guidance on the contours of Rule 23, says Kevin Zimmerman at BakerHostetler.

  • 9th Circ.'s Silence Prolongs Uncertainty On Cemex Framework

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    By affirming a bargaining order in Cemex Construction Materials v. National Labor Relations Board without opining on the NLRB’s 2023 expansion of its authority to issue such orders, the Ninth Circuit avoided direct conflict with the Sixth Circuit’s rejection of the same framework, prolonging uncertainty for employers facing union elections, say attorneys at Dinsmore & Shohl.

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