Appellate

  • June 08, 2026

    9th Circ. Seems Inclined To Reinstate EEOC Pain Med Suit

    The Ninth Circuit appeared willing Monday to revive a U.S. Equal Employment Opportunity Commission disability bias suit accusing a company of spurning an applicant who took prescribed pain medication, with one judge saying the trial court had a muddled view of the evidence.  

  • June 08, 2026

    Barclays Loses VAT Appeal Over UK Fixed Establishment

    A Barclays entity lacked a fixed establishment in the U.K. because its British branch was "skeletal" when the Delaware-based company applied for value-added tax grouping, a London tribunal ruled Monday.

  • June 08, 2026

    Appeals Court OKs Texas To Enforce Challenged Hemp Rules

    A Texas intermediate appellate court has lifted a stay that had blocked the state from enforcing new rules restricting the sale of certain hemp products.

  • June 08, 2026

    High Court Ruling Won't Back Winery TM Win, 2nd Circ. Says

    The Second Circuit Monday vacated a $1.3 million judgment against a California winery in a trademark dispute brought by an Italian winemaker, rejecting a district judge's order holding that the U.S. Supreme Court's B&B Hardware decision blocked relitigation of a Trademark Trial and Appeal Board ruling.

  • June 08, 2026

    PBGC Backs 'Full Value' Pension Exit Credits At 7th Circ.

    The Pension Benefit Guaranty Corp. urged the Seventh Circuit to reject a Teamsters pension plan's bid to reinstate a $23 million withdrawal liability bill against a concrete company, asking the court to endorse a methodology giving companies full credit for partial plan withdrawals if they later make a complete exit.

  • June 08, 2026

    Georgia Justices To Hear Atty's Claim Of Shady Solicitation

    The Georgia Supreme Court is set to consider a lawsuit filed by a Gainesville personal injury attorney against rivals he accused of stealing clients from other lawyers through dubious solicitation practices.

  • June 08, 2026

    Mich. Panel Keeps Detroit-Area Mayoral Candidates On Ballot

    Two candidates for mayor of a Detroit-area suburb will remain on the August primary ballot after a Michigan appellate panel rejected a challenger's allegations of defective identity documentation and campaign finance violations.

  • June 08, 2026

    7th Circ. Says Hotel Must Rehire Worker Fired Over Knife

    The Seventh Circuit on Friday affirmed an arbitration award requiring a Chicago hotel group to reinstate a union employee fired for displaying a knife at work, saying the arbitrator deemed the incident nonviolent and that courts can't second-guess an arbitrator's factual conclusions.

  • June 08, 2026

    Justices Pass On Mississippi Death Row Batson Dispute

    The U.S. Supreme Court on Monday denied a petition for certiorari from a Mississippi death row inmate, leaving in place a state court ruling rejecting his challenge tied to racially biased jury selection at his capital trial.

  • June 08, 2026

    Advocates Can't Bring Cocoa Labor Suit, Fed. Circ. Affirms

    A labor rights organization hasn't suffered the harm needed to bring a suit against U.S. Customs and Border Protection for not responding to a petition to ban U.S. chocolate producers from importing cocoa from the Ivory Coast, a Federal Circuit panel affirmed.

  • June 08, 2026

    Divided Supreme Court Nixes First Step Act Ruling

    A split U.S. Supreme Court on Monday threw out an appellate decision upholding a reduced sentence for a defendant in a drug trafficking and manslaughter case, adding to a string of recent decisions defining the scope of the First Step Act.

  • June 08, 2026

    Justices Won't Review Van Gogh Painting Recovery Dispute

    The U.S. Supreme Court said Monday it will not review a decision affirming the dismissal of a suit brought by a German Jewish art collector's heirs who sought to recover Vincent van Gogh's "Sunflowers" painting from a Japanese insurance company.

  • June 08, 2026

    Trump Taps DC Appeals Court Picks To Fill Final Vacancies

    President Donald Trump has announced two picks for the D.C. Court of Appeals, which will fill the remaining vacancies on the District of Columbia's top court.

  • June 08, 2026

    Seattle Fights Uber, Instacart Bid To Undo 9th Circ. Gig Ruling

    The city of Seattle urged the Ninth Circuit not to revisit a panel decision backing its app-based worker deactivation ordinance against a First Amendment challenge from Uber and Instacart, arguing the companies are trying to turn an ordinary worker protection law into a speech case.

  • June 08, 2026

    Top Court Turns Away Sentencing Disparity Appeal

    The U.S. Supreme Court declined Monday to hear the appeal of a man seeking early release from a life sentence for a drug offense, after ruling last month that reductions to mandatory minimum sentences cannot be cited as a reason for compassionate release.

  • June 08, 2026

    High Court Won't Hear Ex-GM Worker's Disability Bias Suit

    The U.S. Supreme Court declined Monday to take up a former General Motors employee's suit alleging the company wouldn't move her to a different position after an on-the-job injury, leaving in place a Fifth Circuit ruling that found she hadn't shown she could perform an open role.

  • June 08, 2026

    Justices Uphold 10th Circ. Native American Assault Rulings

    The U.S. Supreme Court won't overturn a pair of Tenth Circuit decisions that found that two Native American men cannot be convicted of simple assault under the Major Crimes Act after the federal government argued that the "senseless result" can't be reconciled with the law's plain text.

  • June 08, 2026

    High Court Won't Hear Florida Takings Case

    The U.S. Supreme Court declined on Monday to take up a long-running dispute between a city in the Florida Keys and landowners over increasingly restrictive zoning, leaving in place a decision that said the city failed to pay the owners properly after inversely condemning their property.

  • June 08, 2026

    High Court Won't Let Pa. AG Enter Grid Project Suit

    The U.S. Supreme Court on Monday rebuffed a plea from Pennsylvania's attorney general to let him intervene in Third Circuit proceedings that allowed an electricity transmission project to proceed despite having been rejected by state utility regulators.

  • June 08, 2026

    High Court Reopens Review Of DOE Furnace Efficiency Rules

    The U.S. Supreme Court on Monday vacated a D.C. Circuit decision that upheld Biden-era energy efficiency standards for furnaces and water heaters and ordered the circuit court to take another look in light of the Trump administration's intent to revise the rules.

  • June 05, 2026

    Fed. Circ. Asks If Co. Argued Capability Equals Infringement

    The Federal Circuit appeared to have doubts Friday morning about patent-licensing outfit PACT XPP Schweiz's position it had argued below that an Intel product could violate its patent even if it never performed an infringing action but was capable of doing so.

  • June 05, 2026

    NY Appeals Court Tosses Gun, Drug Plea Over Illegal Search

    A man sentenced to 16 years in prison had his guilty plea for drug and gun charges vacated after a New York state appeals court found that a trooper who searched his jacket pocket and discovered a gun had no right to frisk him in this manner.

  • June 05, 2026

    DC Circ. Backs CFTC Denial Of $147M Whistleblower Award

    The D.C. Circuit Friday affirmed the U.S. Commodity Futures Trading Commission's decision denying a former trader's bid for a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation, saying there's no evidence he was the original source on which the commission relied.

  • June 05, 2026

    HHS Can Issue Medicare Fines Without Jury, 4th Circ. Says

    The Fourth Circuit ruled Friday that the U.S. Department of Health and Human Services can seek monetary penalties from Medicare participants for violating program requirements without a jury trial, rejecting a Maryland nursing home operator's argument that Medicare participants are guaranteed that right.

  • June 05, 2026

    Rail Co. Loses DC Circ. Appeal Challenging State Forest Law

    The D.C. Circuit rejected Grafton & Upton Railroad Co.'s effort to preempt a Massachusetts town's claim over forest land the railroad wants to use for a new transloading facility, finding Friday that the federal Interstate Commerce Commission Termination Act doesn't preempt a state right-of-first-refusal law.

Expert Analysis

  • Salt-N-Pepa Suit May Shake Up Music Copyright Issue

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    James v. UMG Recordings is a copyright termination rights case that provides an opportunity for the Second Circuit to make concrete choices about grant language, authorship, work-for-hire status and survival of derivative works, says attorney Abdul Abdullahi.

  • 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.

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