Appellate

  • June 25, 2026

    Ohio Justices Reject Claims Of $115M Utility Overcharges

    The Ohio Supreme Court on Thursday rejected claims that consumers were overcharged by $115 million for electricity from aging coal-fired power plants in 2020, saying that utility regulators correctly determined that state law entitled the plants' owners to the payments.

  • June 25, 2026

    Colo. Panel Says Prehearing Objection Preserves Arb. Fight

    A Colorado Court of Appeals panel ruled Thursday that a party doesn't waive its right to object to arbitrability so long as the objection is raised prior to the arbitration hearing, even if the party participated in the arbitration proceedings for an extended period of time.

  • June 25, 2026

    AGs, Cable Orgs., Newsmax Back Nexstar Block At 9th Circ.

    A bipartisan coalition of state attorneys general have filed one of three amicus briefs urging the Ninth Circuit to fully preserve a preliminary injunction blocking Nexstar's purchase of Tegna, arguing the states challenging the deal have standing to sue and that only a broad block is appropriate.

  • June 25, 2026

    11th Circ. Judges Question Coke's View Of IRS As Arbitrary

    Judges for the Eleventh Circuit probed attorneys for Coca-Cola and the government Thursday about whether the IRS was arbitrary in abandoning its position in a closing agreement the beverage company had relied on for decades to calculate its transfer prices with related foreign suppliers.

  • June 25, 2026

    SCOTUSblog Founder Goldstein Blasts 'Inflated' DOJ Tax Math

    Convicted SCOTUSblog founder Tom Goldstein and federal prosecutors are clashing again over their dramatically divergent sentencing recommendations, with the defense accusing the government of presenting a "one-dimensional caricature" of the famed lawyer in seeking an eight-year sentence, and prosecutors accusing him of potentially deleting "secret chats" with his gambling backers.

  • June 25, 2026

    Ukrainian Firms Say Russia's Certiorari Bid Is Dead In Blasket

    Ukrainian power and gas companies looking to enforce some $242 million in arbitral awards against Russia are rebutting the country's argument that recent briefing from the Trump administration supports its certiorari petition, in which Moscow looks to challenge a D.C. Circuit decision rejecting its sovereign immunity defense.

  • June 25, 2026

    Goldman Sachs Seeking Review Of 4th Circ. Arbitration Denial

    Goldman Sachs wants the U.S. Supreme Court to take another look at a Fourth Circuit ruling shutting down the bank's attempt to arbitrate disputes over alleged automatic stay violations with a pair of debtors who had previously declared bankruptcy, pointing to an alleged circuit split.

  • June 25, 2026

    GOP Election Rules Appeal Sent To Ga. Supreme Court

    A Georgia appellate panel said Thursday that the state's justices, rather than the Georgia Court of Appeals, will need to consider whether two rules promulgated by the State Election Board violated the nondelegation doctrine of the state constitution.

  • June 25, 2026

    Clinic Manager Asks 4th Circ. To Upend 6-Year Fraud Sentence

    A clinic manager who paid patients in gift cards is challenging her six-year prison sentence, telling the Fourth Circuit on Thursday that a federal judge failed to consider other mitigating factors when sentencing her for healthcare fraud and failing to file a tax return.

  • June 25, 2026

    Netflix Urges Justices Not To Disturb 9th Circ. ERISA Docs Ruling

    Netflix urged the U.S. Supreme Court Thursday not to take up a petition from an employee health plan participant who alleged the company failed to provide him access to plan documents in violation of federal benefits law, arguing the Ninth Circuit's ruling in the case should remain in place.

  • June 25, 2026

    NJ Court Says Comptroller's Subpoena To Private Vendor Valid

    The Appellate Division of New Jersey Superior Court on Thursday said the state comptroller's office subpoena to a private company that provides services to charter schools is valid, holding that the watchdog agency can issue a subpoena to a vendor as part of an investigation.

  • June 25, 2026

    Fla. Panel Affirms Walmart Liability In Contractor Shock Injury

    A Florida appellate court affirmed a final judgment finding Walmart negligent for a service technician's shock-induced injury during the installation of an automatic door, ruling that an exception barred the retailer from asserting an independent contractor defense to avoid a duty owed to the worker.

  • June 25, 2026

    9th Circ. Says Farmworkers' Attys Deserve Higher Fee

    The Ninth Circuit has ordered a Washington federal court to increase an attorney fee award for farmworkers who successfully challenged the federal government's agricultural wage survey methodology, finding the lower court's explanation for slashing the award by 75% was insufficient.

  • June 25, 2026

    Conn. Justices Say Local Rent Board Can Enter Eviction Fight

    The Connecticut Supreme Court on Thursday allowed a municipal fair rent commission to get involved in a landlord-tenant eviction action in state court, finding the local body clearly has an interest in advocating for its statutory right to adjudicate complaints and enforce its own orders.

  • June 25, 2026

    11th Circ. Challenges Exclusion In Arson Death Dispute

    An Eleventh Circuit panel appeared skeptical of a property insurer's argument that an exclusion for a failure to maintain an apartment complex freed it from defending the owner in a wrongful death suit stemming from arson.

  • June 25, 2026

    5th Circ. Backs FDA's Block On Vape Marketing

    The Fifth Circuit affirmed the U.S. Food and Drug Administration's decision to block two vape companies from marketing their menthol-flavored e-cigarette products after finding the benefits to adult smokers didn't outweigh the risk to minors.

  • June 25, 2026

    Mich. Justices Revive BAC Proof In Fatal Crash Prosecution

    The Michigan Supreme Court ruled that a jury should be allowed to hear evidence that a motorcyclist killed in a traffic collision may have been intoxicated at the time of the crash, reversing lower court decisions that excluded the evidence from a criminal prosecution against the driver of the other vehicle.

  • June 25, 2026

    Allstate Not Liable For Contractor's Spam Calls, 7th Circ. Says

    Allstate Insurance Co. can't be held vicariously liable for a subcontractor's spam calls to a man on a do-not-call list because the insurer did not know the company had been hired and could not be directly linked to allowing that extra layer of marketing, the Seventh Circuit said Wednesday.

  • June 25, 2026

    3rd Circ. Vexed By Diabetic Worker's Atty, AI Issues

    A Third Circuit panel questioned Thursday whether a hospital employee's disclosure of her diabetes was "too little, too late" to trigger an accommodation after she was written up for sleeping on the job — and whether her attorneys should be sanctioned for filing a minor motion that appeared to include AI-hallucinated citations.

  • June 25, 2026

    Mich. Panel Says Detroit Schools Can't Use Tax For Bond Debt

    The Detroit Public Schools Community District and its predecessor have lost a bid to continue collecting an operating tax after an emergency loan is paid off, with an appellate court panel finding state law does not allow the tax to be levied to pay off other long-term debts. 

  • June 25, 2026

    4th Circ. Says Supply Co.'s Foreign Member Kills Diversity

    The Fourth Circuit on Thursday declined to reinstate a medical supply company's contract dispute against a U.K. corporation over COVID-19 test kits, after finding that the lack of a U.S. citizen on the supply company's side destroys the court's diversity jurisdiction to hear the case.  

  • June 25, 2026

    8th Circ. Backs Immunity In DAPL Protest Injury Dispute

    A panel of the Eighth Circuit has upheld a decision to dismiss a challenge by an environmentalist who was severely injured by North Dakota law enforcement during a protest over the Dakota Access pipeline, finding the officers are entitled to immunity and her claims of 14th Amendment violations do not meet a "shocks the conscience" threshold.

  • June 25, 2026

    Senate Confirming Judges Faster Than In Trump's 1st Term

    The Senate has confirmed 45 judges in the second Trump term, outpacing the rate of his first administration, Senate Republicans announced on Thursday.

  • June 25, 2026

    7th Circ. Won't Reinstate Trans Bus Driver's Bias Suit

    The Seventh Circuit declined to revive a transgender bus driver's suit claiming the Chicago Transit Authority fired him due to his gender identity, ruling he failed to show the decision was driven by prejudice rather than claims that he took medical leave that wasn't approved.

  • June 25, 2026

    11th Circ. Revives Cheerleading 'Worlds' Trademark Suit

    The Eleventh Circuit has revived U.S. All Star Federation's lawsuit alleging a rival ripped off the competitive cheerleading organizational body's signature event's name, saying there were factual issues over the nature of the trademarks at issue.

Expert Analysis

  • Calif. Ruling Lowers Bar For Health Data Breach Claims

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    The California Supreme Court's ruling in J.M. v. Illuminate Education offers protection for non-healthcare companies that maintain health-related data but also adopts a new and more plaintiff-favorable standard for breach of confidentiality that companies maintaining any health-related data should address, say attorneys at Cooley.

  • Florida Atty Fees Ruling Could End Expert Testimony Mandate

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    For over 60 years, Florida appellate courts have required an evidentiary hearing and expert testimony to support the reasonableness of an attorney fee award, but the Florida Sixth District Court of Appeal's recent Ruffenach v. Deutsche Bank National Trust ruling could make substantive changes to this requirement, say attorneys at RumbergerKirk.

  • Texas Ruling Leaves Key Oil Royalty Question Unresolved

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    The Texas Supreme Court's recent decision in Fasken Oil and Ranch v. Puig clarifies that royalty reservations containing “free of cost forever” language do not bar deduction of post-production costs — but it leaves open whether prices producers report to royalty owners should reflect what unaffiliated buyers would pay, says Robert Foss at Hinds Feat Advisors.

  • Justices Widen Path For Confiscated Cuban Property Claims

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    For Americans holding claims to confiscated Cuban property, the U.S. Supreme Court’s recent decision in Havana Docks v. Royal Caribbean Cruises means that the expiration of their property interest is no longer a bar and that any company using such property is now a potential defendant, say attorneys at Bracewell.

  • Your Next Litigation Hold Should Cover AI Chat Logs

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    The Delaware Chancery Court’s recent decision in Fortis Advisors v. Krafton to treat a CEO’s artificial intelligence chats as substantive evidence is being read as a discovery warning to litigators, but there is a second duty-to-preserve lesson that is especially pertinent to in-house counsel, say attorneys at Faegre Drinker.

  • Opinion

    High Court's Abortion Pill Stay Reinforces Appellate Principles

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    The U.S. Supreme Court's recent order in Danco Laboratories v. Louisiana, staying a Fifth Circuit ruling that reinstated an in-person requirement for dispensing the abortion medicine mifepristone, should be seen not as a definitive ruling on reproductive rights, but as an affirmation of a more disciplined jurisdictional reality, says Daniel Nardo at Nardo & Associates.

  • Series

    Studying Foreign Languages Makes Me A Better Lawyer

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    Studying Italian and Japanese has shown me that learning a new language can benefit a legal career in several ways, including by demonstrating the importance of approaching problems from a fresh perspective and the value of practicing patience with colleagues and clients, says Anna King at Genworth Financial.

  • 6th Circ. Ruling Highlights Split On Labor Cost Depreciation

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    The Sixth Circuit's recent decision in Schoening Investment v. Cincinnati Casualty throws into relief the fine lines of courts' varying interpretations of whether a commercial property insurer may justifiably depreciate labor costs to determine the actual cash value of damage, says Nabila Rahim at Zelle.

  • 6th Circ. Ruling Broadest So Far In Wave Of Habeas Decisions

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    The Sixth Circuit’s recent opinion in Lopez-Campos v. Raycraft provides the most developed structural reasoning among rulings in a widening circuit split over mandatory detention after undocumented entry into the U.S., and supplies immigration practitioners a template for due process arguments in favor of habeas relief, says Kemal Hepsen at Mandamus Lawyers.

  • Opinion

    Murdaugh Reversal Masks Deeper Justice System Issues

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    The South Carolina Supreme Court's recent reversal of Alex Murdaugh's murder conviction leans heavily on improper jury influence by an ex-county clerk of court while underbilling other errors in the case, which are emblematic of larger issues with the justice system, says Barry Edwards at Fair Trial Analysis.

  • Del. Justices' Ripeness Ruling Shields Advance Notice Bylaws

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    The Delaware Supreme Court’s recent decision dismissing two AES and Owens Corning stockholder challenges of advance notice bylaws as unripe provides corporations more room to insulate their nomination procedures from activist pressure, say attorneys at Reed Smith.

  • How The High Court Expanded Freight Broker Liability

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    After the U.S. Supreme Court's decision in Montgomery v. Caribe Transport II that freight brokers may be liable for selecting unsafe motor carriers, the key question will be whether brokers used reasonable care in selecting a given motor carrier, with the concurring opinion offering some clues as to what reasonable care might look like, says Marc Blubaugh at Benesch.

  • 'Anderson Method' Ruling Shows Copyright Limits In Fitness

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    The Ninth Circuit's ruling in Tracy Anderson Mind and Body v. Megan Roup, finding that sequences of exercises developed and recorded by Tracy Anderson were not copyrightable choreographic works, is a reminder that even highly creative fitness programming can fall outside the scope of copyright protection, says Meredith Bobber Strauss at Michelman & Robinson.

  • 2nd Circ.'s Cantero Redo Complicates Mortgage Escrow Issue

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    The Second Circuit's recent decision in Cantero v. Bank of America reflects the absence of definitiveness in mortgage escrow preemption jurisprudence, leaving lenders to navigate conflicting state rules and pricing challenges amid a deepening circuit split, say attorneys at Sullivan & Cromwell.

  • 3 Rulings Show How Creditors Make Civil RICO Claims Stick

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    An Arizona federal court's recent decision concerning UniCredit Bank Austria is one of few in which creditors' claims against debtors for Racketeer Influenced and Corrupt Organizations Act violations have survived motions to dismiss, and these claims' substantial benefits make the rulings worth analyzing for guidance, says Brian Asher at Asher Research.

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