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Appellate

  • August 04, 2025

    Mich. High Court Says Cellphone Search Was Too Sweeping

    A split Michigan Supreme Court has refused to toss a number of charges for larceny, receiving stolen property and safe-breaking, ruling that the defendant did not receive ineffective counsel when his attorney failed to challenge an overly broad warrant issued to search his phone.

  • August 04, 2025

    Condo Can't Boot Unit Owner After Assault, Mass. Court Says

    A Massachusetts condominium association cannot force a unit owner charged with assaulting another resident to vacate his property, an intermediate state appellate court said Monday.

  • August 02, 2025

    9th Circ. Backs Limits On ICE Immigration Sweeps In LA

    The Ninth Circuit preserved most of a district court's temporary block on the Trump administration making immigration arrests in the Los Angeles area without probable cause, rejecting the government's request for a stay during its appeal.

  • August 01, 2025

    9th Circ. Lifts Order Halting Trump From Curbing Fed Unions

    The Ninth Circuit on Aug. 1 granted the Trump administration's bid to halt an injunction blocking enforcement of President Donald Trump's executive order axing labor contracts covering agencies with "national security" aims, saying in a published opinion that the government was likely to succeed against six unions' First Amendment retaliation claim.

  • August 01, 2025

    Supreme Court Asked To Weigh In On Distillery-Union Row

    An Oregon distillery has urged the U.S. Supreme Court to revive its challenge of a National Labor Relations Board decision that dinged the liquor maker for unfair labor practices, saying clarity was needed for a legal standard that the distillery says has allowed NLRB decisions to escape judicial review.

  • August 01, 2025

    Wheeling & Appealing: Midyear Highlights For Every Circuit

    In this special edition of Wheeling & Appealing, we're spotlighting key decisions and developments in every circuit court during the first half of 2025, while also previewing August's most intriguing oral arguments, including a remarkably "fierce" showdown between Edible Arrangements and 1-800-Flowers with millions of dollars in attorney fees on the line.

  • August 01, 2025

    Kalshi Gets Ex-Lawmakers' Backing In 3rd Circ. Betting Row

    A bipartisan group of former federal lawmakers is urging the Third Circuit to continue preventing New Jersey gambling regulators from taking action over KalshiEx's sports contracts, saying Congress intended for the U.S. Commodity Futures Trading Commission to have the final say on event contracts trading on federally regulated markets.

  • August 01, 2025

    NC Man Warns Justices Of 'Odor Alone' Pot-Search Dangers

    A North Carolina man who pled guilty to firearms charges after police found a weapon in his vehicle after smelling cannabis is urging the state's Supreme Court to find that the odor alone is not enough to establish probable cause, saying the current state of the law means anyone carrying state-legal hemp effectively gives up their Fourth Amendment right to be free of unreasonable searches.

  • August 01, 2025

    Michigan Ruling Casts Doubt On Employment Suit Time Limits

    A ruling from Michigan's highest court creates uncertainty for employers about the enforceability of contractually shortened limitation periods in the state, attorneys told Law360.

  • August 01, 2025

    3rd Circ. Asked To Revive Amazon Biometric Data Suit

    A federal judge erred in tossing class claims accusing Amazon of collecting consumers' voice data without their consent, including by finding that a third-party software company was a "financial institution," the named plaintiffs told the Third Circuit

  • August 01, 2025

    9th Circ. Sees 'Everest-Like' Preemption For Credit Union Fees

    A Ninth Circuit panel on Friday rejected a consumer's bid to revive his California class action claims over bounced-check fees at Navy Federal Credit Union, ruling that federal credit unions are exempt from state laws that regulate account fees.

  • August 01, 2025

    Pa. Appeals Court Affirms Gun Restrictions For Felons

    A man sentenced to up to eight years in prison for carrying a gun illegally as a result of his status as a felon didn't have his constitutional rights violated, the Pennsylvania Superior Court found Friday, affirming his convictions. 

  • August 01, 2025

    DC Circ. Upholds FERC's Limited Review Of Texas Pipeline

    The D.C. Circuit on Friday backed the Federal Energy Regulatory Commission's decision to limit its review of a Texas pipeline to a 1,000-foot section near the U.S.-Mexico border, saying the agency had reasonably explained why a broader review wasn't required.

  • August 01, 2025

    USPTO Tightens Rules On Patent Challengers' Arguments

    Patent challengers at the Patent Trial and Appeal Board will no longer be able to skirt a requirement that they must identify where all the elements of the patent are found in prior art patents or printed publications, according to a notice from the U.S. Patent and Trademark Office.

  • August 01, 2025

    9th Circ. Partially Revives Child Porn Victims' Suit Against X

    The Ninth Circuit on Friday partially revived a lawsuit brought by 13-year-old boys who had been sex trafficked alleging X Corp. refused to remove pornographic videos of them, saying Section 230 shields the social media platform from claims it knowingly benefited from sex trafficking, but not from negligence and defective-reporting design claims.

  • August 01, 2025

    2nd Circ. Affirms Class Cert. In VRDO Suit Against Banks

    The Second Circuit on Friday upheld a lower court order granting class certification to a group of American cities and others that are accusing eight large banks of inflating interest rates on debt securities known as variable rate demand obligations, saying the district court applied the correct legal standard in granting certification.

  • August 01, 2025

    Calif. Tribe Can't Halt Tobacco Ruling Amid Ninth Circuit Fight

    A California federal court won't order the Bureau of Alcohol, Tobacco, Firearms and Explosives to remove the Twenty-Nine Palms Band of Mission Indians from a noncompliance list over the alleged sale of cigarettes to non-Native customers while the tribe appeals the decision to the Ninth Circuit.

  • August 01, 2025

    7th Circ. Tosses Rehab's Zoning Row With Ind. Town

    The Seventh Circuit affirmed an Indiana town's win on Friday in an Americans with Disabilities Act and Rehabilitation Act suit lodged by companies that wanted to convert a local nursing home into a rehab facility.

  • August 01, 2025

    11th Circ. Backs Dismissal Of Luli Fama Swimwear Ad Suit

    The Eleventh Circuit affirmed the dismissal of a putative class action against Luli Fama and various social media influencers for failing to disclose the influencers' endorsements of the brand's swimwear products were paid, saying the lower court rightly found the plaintiff failed to allege fraud with the necessary particularity.

  • August 01, 2025

    Highland Capital Asks Supreme Court To Clarify Ch. 11 Shields

    Hedge fund Highland Capital Management has urged the U.S. Supreme Court to allow it to safeguard some of the key parties in its Chapter 11 bankruptcy from liability and review a Fifth Circuit decision that narrowed the bankruptcy court's "gatekeeping" powers to determine who can be sued.

  • August 01, 2025

    En Banc 9th Circ. Backs LA Schools In Vax Mandate Fight

    A majority en banc Ninth Circuit has affirmed a lower court's decision upholding Los Angeles Unified School District's COVID-19 vaccine mandate for employees, while two partially dissenting judges disagreed with the majority's conclusion that the policy passes constitutional muster.

  • August 01, 2025

    Village Ordinance Wrongly Bans Wind Farms, Ill. Panel Says

    An Illinois state appellate court majority on Friday reversed a village's summary judgment win in a lawsuit targeting an ordinance purportedly setting wind power generation limits, saying the ordinance effectively bans commercial wind farms without statutory authority.

  • August 01, 2025

    Normal Wear Is On Landlord's Dime, Not Renters', Court Says

    Massachusetts' highest court on Friday concluded that landlords cannot ding a tenant's security deposit for normal wear and tear like scuffs on walls, nor can they force a tenant to pay for professional cleanings during a moveout.

  • August 01, 2025

    States Urge High Court To Keep NIH Grant Funds Flowing

    A coalition of 16 states pressed the U.S. Supreme Court on Friday to reject the Trump administration's push to resume the mass termination of scientific research grants, saying a district judge had authority to pause the cuts.

  • August 01, 2025

    8th Circ. Backs U. Of Nebraska In ADHD Disability Bias Suit

    The Eighth Circuit backed the dismissal Friday of an ex-information technology worker's suit claiming the University of Nebraska fired him for seeking accommodations for his attention-deficit/hyperactivity disorder, ruling he failed to show his condition, rather than a violation of school policy, caused his termination.

Expert Analysis

  • Move Beyond Surface-Level Edits To Master Legal Writing

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    Recent instances in which attorneys filed briefs containing artificial intelligence hallucinations offer a stark reminder that effective revision isn’t just about superficial details like grammar — it requires attorneys to critically engage with their writing and analyze their rhetorical choices, says Ivy Grey at WordRake.

  • 3 Rulings May Reveal Next Frontier Of Gov't Contract Cases

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    Several U.S. Supreme Court decisions over the past year — involving wire fraud, gratuities and obstruction — offer wide-ranging and arguably conflicting takeaways for government contractors that are especially relevant given the Trump administration’s focus on diversity, equity and inclusion initiatives, say attorneys at Rogers Joseph.

  • NCAA Settlement Kicks Off New Era For Student-Athlete NIL

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    A landmark settlement stemming from 15 years of litigation between schools and the NCAA reflects a major development in college athletics by securing compensation for usage of student-athletes' names, images and likenesses, and schools hoping to take advantage of new opportunities should take proactive steps to comply with new rules, say attorneys at Manatt.

  • 7th Circ. Insurance Ruling Resolves Major Jurisdictional Issue

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    The Seventh Circuit recently confirmed in StarStone Insurance v. Chicago that attorney fees and costs paid as part of a settlement are covered — while unexpectedly raising and answering a question of first impression about federal jurisdiction over foreign entities, says Lara Langeneckert at Barnes & Thornburg.

  • DOJ May Rethink Banning Firearms For Marijuana Users

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    In light of various federal circuit court decisions and an executive order from President Donald Trump, U.S. Department of Justice enforcement policy now may be on the verge of changing decidedly in favor of marijuana users' gun rights, and could foreshadow additional marijuana-friendly reforms, says Jacob Raver at Dentons.

  • EDNY Ruling May Limit Some FARA Conspiracy Charges

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    Though the Eastern District of New York’s recent U.S. v. Sun decision upheld Foreign Agents Registration Act charges against a former aide to New York Gov. Kathy Hochul, its recognition of an affirmative legislative policy to exempt some officials may help defendants charged with related conspiracies, say attorneys at ArentFox Schiff.

  • 9th Circ. Has Muddied Waters Of Article III Pleading Standard

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    District courts in the Ninth Circuit continue to apply a defunct and especially forgiving pleading standard to questions of Article III standing, and the circuit court itself has only perpetuated this confusion — making it an attractive forum for disputes that have no rightful place in federal court, say attorneys at Gibson Dunn.

  • Fla. Workers' Comp Ruling Ups Bar For Emotional Injury Suits

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    A Florida appellate court’s recent opinion in Steak 'N Shake v. Spears requires that employees solely claiming emotional distress seek workers’ compensation before suing their employers, closing a potential loophole and reducing the potential proliferation of such disputes in Florida courts, says Rob Rogers at Kirwin Norris.

  • Contract Disputes Recap: Spearin, Overpayments, Jurisdiction

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    Edward Arnold at Seyfarth examines three recent decisions addressing the limits of the Spearin doctrine in design-build contracts, the government's ability to recoup overpayments after a termination for convenience, and the Contract Disputes Act's strict and nonwaivable jurisdictional rules.

  • What Calif. Appeals Split Means For Litigating PAGA Claims

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    After two recent California state appeals court rulings diverged on whether a former employee with untimely individual claims under the Private Attorneys General Act can maintain a representative action, practitioners' strategic agility will be key to managing risk and achieving favorable outcomes in PAGA litigation, say attorneys at Buchalter.

  • Series

    Competing In Modern Pentathlon Makes Me A Better Lawyer

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    Opening myself up to new experiences through competing in modern Olympic pentathlon has shrunk the appearance of my daily work annoyances and helps me improve my patience, manage crises better and remember that acquiring new skills requires working through your early mistakes, says attorney Mary Zoldak.

  • NY Case Shows How LLC Agreements Can Be Amended

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    The New York Court of Appeals in Behler v. Tao recently held that a merger clause contained in an amended limited liability company agreement superseded and extinguished an alleged oral agreement between the parties, highlighting the importance of determining early how and when an LLC agreement may be amended, says Kerrin Klein at Olshan Frome.

  • If Justices Accept, Maxwell Case May Clarify Meaning Of 'US'

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    If the U.S. Supreme Court agrees to take up Ghislaine Maxwell’s appeal, it could clarify the meaning of “United States” in the context of plea agreements, and a plain language interpretation of the term would offer criminal defendants fairness and finality, say attorneys at Kudman Trachten.

  • The State Of Play In Copyright Protection For Floor Plans

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    With questions over copyright protections for floor plans potentially teed up in front of the U.S. Supreme Court, attorneys in the real estate industry should take steps to clarify and strengthen clients' rights and reduce the risk of litigation, says Dylan I. Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Teaching Yourself Legal Tech

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    New graduates often enter practice unfamiliar with even basic professional software, but budding lawyers can use on-the-job opportunities to both catch up on technological skills and explore the advanced legal and artificial intelligence tools that will open doors, says Alyssa Sones at Sheppard Mullin.

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