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Appellate

  • June 30, 2025

    Justices To Resolve Split On Supervised Release Fugitives

    The U.S. Supreme Court agreed Monday to hear arguments in a case poised to resolve a sharp circuit split over whether the "fugitive tolling" doctrine barring criminal defendants from earning credits to reduce prison sentences while they are not behind bars also should apply to defendants who abscond from supervised release.

  • June 30, 2025

    Ex-Ohio Speaker Calls 6th Circ. Bribery Ruling A 'Stretch'

    Former Ohio House of Representatives Speaker Larry Householder urged the Sixth Circuit to rethink its decision to stand by his bribery conviction over the FirstEnergy nuclear bailout scandal that got him 20 years in prison, arguing the panel made "an illegal stretch" in assuming the jurors undertook proper analysis despite allegedly improper instructions.

  • June 30, 2025

    High Court Won't Weigh Class Standard In Junk Fax Row

    The U.S. Supreme Court on Monday declined to take up a dispute over whether online faxes are covered by the Telephone Consumer Protection Act and whether plaintiffs pressing these claims are required to show an administratively feasible way to identify class members.

  • June 30, 2025

    High Court Turns Away Fired Christian Workers' Vax Bias Case

    The U.S. Supreme Court on Monday declined to review a Third Circuit ruling that shuttered Christian workers' suits claiming a healthcare system illegally fired them for opposing its COVID-19 vaccine mandate, despite the workers' assertions that the opinion improperly constricted their religious rights.

  • June 30, 2025

    Supreme Court Seeks US Input On $440M Cruise Line Case

    The U.S. Supreme Court said Monday it wanted the U.S.'s perspective as it considers a petition seeking the reversal of a split Eleventh Circuit decision overturning a $440 million judgment against several cruise companies for allegedly "trafficking" in property seized by the Cuban government.

  • June 30, 2025

    High Court Takes GOP Challenge To Election Spending Limits

    The U.S. Supreme Court on Monday said it would review caps on how much political parties can spend on elections in coordination with candidates in a case brought by Vice President JD Vance and Republican organizations.

  • June 30, 2025

    Justices Undo Patients' Win In Gender-Affirming Care Fight

    The U.S. Supreme Court on Monday struck down a Fourth Circuit decision that preserved access to gender-affirming care under two state-run health plans, telling the lower court to consider a recent decision by the justices that upheld a Tennessee law limiting treatments for young transgender people.

  • June 30, 2025

    High Court Won't Review Kentucky's Smog Plan Challenge

    The U.S. Supreme Court on Monday declined to review the Sixth Circuit's refusal to transfer Kentucky's challenge to the U.S. Environmental Protection Agency's disapproval of its ozone control plan to the D.C. Circuit, after ruling such cases belong in regional circuit courts. 

  • June 30, 2025

    High Court Won't Review Landlords' COVID Eviction Ban Suit

    A split U.S. Supreme Court on Monday declined to review a petition filed by billionaire developer and landlord Geoffrey Palmer that sought to recover $100 million by claiming harm from an eviction moratorium Los Angeles imposed after the outbreak of COVID-19.

  • June 30, 2025

    Justices Turn Away Fired Teacher's Prehire Speech Case

    The U.S. Supreme Court declined on Monday to review a Massachusetts high school teacher's claim that individuals' speech rights should extend to things they say before being hired to a public job, though Justice Clarence Thomas wrote to express dismay with the First Circuit's approach toward controversial political commentary.

  • June 30, 2025

    Justices Seek SG's View In $1.2M Roundup Verdict

    The U.S. Supreme Court on Monday asked the U.S. solicitor general to weigh in on Monsanto's petition challenging a $1.2 million jury award given to a man who claimed that the company's Roundup weed killer caused his cancer.

  • June 30, 2025

    High Court Wants Feds' Input On Parker-Hannifin 401(k) Suit

    The U.S. Supreme Court asked for the U.S. solicitor general's take Monday on the Sixth Circuit's decision to revive a proposed class action alleging Parker-Hannifin Corp. mismanaged a 401(k) plan, seeking the government's view on the pleading standard for a claim that investment choices breached fiduciary duties.

  • June 30, 2025

    Justices To Review Persecution Standard In Immigration Appeal

    The U.S. Supreme Court on Monday agreed to look at whether the First Circuit was right to give deference to the Board of Immigration Appeals' conclusion that a Salvadoran family failed to show it suffered persecution back home and is therefore ineligible for asylum.

  • June 30, 2025

    Justices Rebuff American Airlines' Bid To Revive JetBlue Pact

    The U.S. Supreme Court on Monday rebuffed American Airlines' bid to revive its codeshare agreement with JetBlue in Boston and New York.

  • June 30, 2025

    Justices Won't Eye Claim Fed. Circ. Revived Waived Argument

    The U.S. Supreme Court on Monday turned down an appeal from a doctor who argued that the Federal Circuit wrongly upheld the rejection of his application for a patent on a COVID-19 treatment by reviving arguments that he claimed the patent office had waived.

  • June 30, 2025

    Justices Pass On Exxon Mobil $14M Clean Air Act Dispute

    The U.S. Supreme Court on Monday declined to review an en banc Fifth Circuit opinion that upheld $14.25 million in air pollution fines against Exxon Mobil Corp.

  • June 30, 2025

    Supreme Court Won't Take On CWA Suit Over Wash. Port Regs

    The U.S. Supreme Court on Monday declined to wade into a dispute between a Washington state port and an environmental group over whether citizen suits seeking to enforce state permitting conditions that go beyond the Clean Water Act can proceed in federal court.

  • June 30, 2025

    Justices Allow Chinese Co. To Access Micron's Code Records

    The U.S. Supreme Court on Monday denied Micron Technology Inc.'s efforts to block a Chinese semiconductor maker from accessing paper copies of sensitive source code during patent infringement litigation.

  • June 30, 2025

    Justices Pass On Free Speech Challenge To Ga. Strip Club Tax

    The U.S. Supreme Court said Monday that it will not review a decision by Georgia's highest court that said a state tax on strip clubs that's used to fund efforts to address child trafficking does not violate the First Amendment.

  • June 30, 2025

    Justices Won't Review Taxing Of Power Plant On Tribal Land

    The U.S. Supreme Court declined on Monday to hear a power company's claims that federal law protects a power plant it owns on tribal land in Arizona from property taxes.

  • June 30, 2025

    High Court Takes Up $1B Copyright Fight Over ISPs' Liability

    The U.S. Supreme Court on Monday granted a petition for certiorari from Cox Communications Inc. that asked the justices to review a Fourth Circuit's conclusion that telecom companies can be liable for copyright infringement for providing an internet connection that leads to music piracy online.

  • June 30, 2025

    High Court To Hear Fight Over Investment Fund Suits

    The U.S. Supreme Court on Monday agreed to hear a case that could limit the ability of private parties to assert contract violations against investment funds, with one activist investor accusing several closed-end funds of shutting it out of its voting rights.

  • June 30, 2025

    Justices Take On Enbridge Pipeline Remand Fight

    The U.S. Supreme Court on Monday agreed to review a Sixth Circuit decision that found Enbridge Energy LP missed a statutory deadline to transfer to federal court a lawsuit from Michigan's attorney general seeking to shut down one of the company's pipelines.

  • June 27, 2025

    Paxton Names Morgan Lewis Partner Texas Solicitor General

    Morgan Lewis & Bockius LLP partner William Peterson will serve as Texas' new solicitor general while the state's outgoing solicitor general, Aaron Nielson, will head to the University of Texas School of Law as a tenured professor, Texas Attorney General Ken Paxton announced Friday.

  • June 27, 2025

    Texas Justices OK Methodist Church's Suit Against SMU

    The Texas Supreme Court found the United Methodist Church has the right to sue Southern Methodist University over its attempted split, but in a Friday opinion drew short of saying the university filed false paperwork as part of the breakup.

Expert Analysis

  • Justices' Labcorp Questions Explore Class Cert. Tensions

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    At the recent oral argument before the U.S. Supreme Court in Laboratory Corporation of America Holdings v. Davis, the justices' questioning highlighted a fundamental tension between constitutional standing requirements, the procedural framework of Rule 23, and the practical challenges of managing large, diverse classes in complex litigation, say attorneys at Winston & Strawn.

  • Immunity Waiver Ruling A Setback For Ch. 7 Trustees

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    While governmental units should welcome the U.S. Supreme Court's recent decision in U.S. v. Miller restricting the reach of the Bankruptcy Code's sovereign immunity waiver, Chapter 7 trustees now have a limited ability to maximize bankruptcy estates, says Dan Prieto at Jones Day.

  • Wash. Justices' Moonlight Ruling Should Caution Employers

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    The Washington Supreme Court's recent decision in David v. Freedom Vans, which limited when employers can restrict low-wage workers from moonlighting, underscores the need for employers to narrowly tailor restrictive covenants, ensuring that they are reasonable and allow for workforce mobility, say attorneys at Perkins Coie.

  • What To Watch For As High Court Mulls NRC's Powers

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    If successful, Texas’ challenges to the U.S. Nuclear Regulatory Commission’s authority — recently heard by the U.S. Supreme Court and currently pending before a Texas federal court — may have serious adverse consequences for aspiring NRC licensees, including potential nuclear power plant operators, say attorneys at Haynes Boone.

  • Series

    Adapting To Private Practice: From NY Fed To BigLaw

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    While the move to private practice brings a learning curve, it also brings chances to learn new skills and grow your network, requiring a clear understanding of how your skills can complement and contribute to a firm's existing practice, and where you can add new value, says Meghann Donahue at Covington.

  • Calif. Smoke Claim Ruling Gives Insurers Support On Denials

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    Far from being an outlier among ash, soot and smoke coverage cases, a California appellate court's recent opinion in Gharibian v. Wawanesa General Insurance reinforces the principle that policyholders must establish entitlement to coverage as a threshold matter, while supporting denials of coverage for meritless claims, says Kyle Espinola at Zelle.

  • Cos. Face Enviro Justice Tug-Of-War Between States, Feds

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    The second Trump administration's sweeping elimination of environmental justice policies, programs and funding, and targeting of state-level EJ initiatives, creates difficult questions for companies on how best to avoid friction with federal policy, navigate state compliance obligations and maintain important stakeholder relationships with communities, say attorneys at Arnold & Porter.

  • Top 3 Litigation Finance Deal-Killers, And How To Avoid Them

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    Like all transactions, litigation finance deals can sometimes collapse, but understanding the most common reasons for failure, including a lack of trust or a misunderstanding of deal terms, can help both parties avoid problems, say Rebecca Berrebi at Avenue 33 and Boris Ziser at Schulte Roth.

  • 5th Circ. Ruling Is Latest Signal Of Shaky Qui Tam Landscape

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    In his recent concurring opinion in U.S. v. Peripheral Vascular Associates, a Fifth Circuit judge joined a growing list of jurists suggesting that the False Claims Act's whistleblower provisions are unconstitutional, underscoring that acceptance of qui tam relators can no longer be taken for granted, say attorneys at Miller & Chevalier.

  • How Attys Can Use A Therapy Model To Help Triggered Clients

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    Attorneys can lean on key principles from a psychotherapeutic paradigm known as the "Internal Family Systems" model to help manage triggered clients and get settlement negotiations back on track, says Jennifer Gibbs at Zelle.

  • Tracking The Evolution Of Liability Management Exercises

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    As liability management exercises face increasing legal scrutiny, understanding the history of these debt restructuring tools can help explain how the playbook keeps adapting — and why the next move is always just one ruling or transaction away, say attorneys at Weil.

  • Navigating Florida's Bad Faith Reforms After Appellate Ruling

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    A Florida appellate court's recent decision is among the first to interpret two significant amendments to the state's insurance bad faith law, and its holding that one of the statutes could not apply retroactively may affect insurers' interpretation of the other statute, say attorneys at Cozen O'Connor.

  • 3 Steps For In-House Counsel To Assess Litigation Claims

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    Before a potential economic downturn, in-house attorneys should investigate whether their company is sitting on hidden litigation claims that could unlock large recoveries to help the business withstand tough times, says Will Burgess at Hilgers Graben.

  • Series

    Teaching College Students Makes Me A Better Lawyer

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    Serving as an adjunct college professor has taught me the importance of building rapport, communicating effectively, and persuading individuals to critically analyze the difference between what they think and what they know — principles that have helped to improve my practice of law, says Sheria Clarke at Nelson Mullins.

  • A New Tool For Assessing Kickback Risks In Health Marketing

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    The Seventh Circuit's recent decision in U.S. v. Sorensen, reversing a conviction after trial of a durable medical equipment distributor, highlights two principle considerations for determining whether payments to marketers in healthcare are unlawful under the Anti-Kickback Statute, says Elisha Kobre at Sheppard Mullin.

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