Articles Tagged: Appellate Litigation

 

Supreme Court’s Emergency Move in FCC v. Brown Signals Early-Term Administrative Law Stakes

The U.S. Supreme Court issued a slip opinion on October 14 in FCC v. Brown, No. 26A476, marking one of the Court’s first merits-related actions of the new Term and putting federal agency litigation squarely back in focus.

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Second Circuit Weighs Saudi Arabia’s Push to End 9/11 Civil Claims

The U.S. Court of Appeals for the Second Circuit heard arguments over whether long-running claims against the Kingdom of Saudi Arabia arising from the September 11 attacks can continue, putting renewed focus on one of the most consequential sovereign-immunity disputes in modern U.S. litigation. The appeal asks whether claims brought by families of 9/11 victims may proceed despite Saudi Arabia’s effort to end the case.

At the center of the dispute is the intersection of foreign sovereign immunity, terrorism-related civil liability, and the procedural demands of mass-injury litigation that has stretched across decades.

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Supreme Court’s New Term Puts Immigration, Guns, Climate, and Voting Fights on Center Stage

The U.S. Supreme Court opens its October 2026 term on Monday with a docket that is already drawing outsized attention from litigators, regulators, and in-house legal teams. The justices are expected to hear major disputes touching immigration detention, firearm restrictions, climate-liability claims, voting rules, and LGBT-rights issues—areas where even incremental doctrinal shifts can quickly reshape litigation strategy nationwide.

Although no merits rulings have been issued yet, the composition of the Court’s calendar is itself a major legal development.

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Missouri Redistricting Appeal Keeps 2026 Map Dispute on Supreme Court Track

A federal appeals panel has upheld Missouri’s challenged congressional map, delivering a near-term win for state officials and supporters of the plan, including allies of former President Donald Trump. But the ruling is unlikely to end the fight. With the November 2026 election cycle approaching, the litigation appears headed toward possible U.S. Supreme Court review, keeping Missouri in the center of a broader legal debate over how and when courts should intervene in redistricting disputes.

At a high level, the case reflects a familiar but increasingly consequential pattern in election litigation: challengers argue that a map is unlawful, while state officials respond that late-breaking court intervention risks disrupting election administration.

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Third Circuit Reopens Challenge to New Jersey’s Gun-Industry Public-Nuisance Law

The Third Circuit has revived a closely watched challenge to New Jersey’s gun-industry public-nuisance statute, allowing the National Shooting Sports Foundation to continue pressing claims that the law is unconstitutional and preempted by federal law. In a September 8, 2026 decision, the appellate court reversed a lower-court stay that had paused the federal case while related state-court issues played out.

The dispute centers on a New Jersey law authorizing civil actions against firearm manufacturers, distributors, and sellers for conduct alleged to endanger public health and safety.

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Missouri High Court Halts Trump-Backed Congressional Map Ahead of 2026

The Missouri Supreme Court has unanimously blocked newly drawn congressional districts backed by President Donald Trump from being used in the November 2026 general election, dealing a significant blow to Republican redistricting efforts in the state. The court also ordered that Missouri voters get a statewide say on whether the districts should remain in place, adding a direct-democracy dimension to an already high-stakes election law fight.

The ruling is significant not just because of its political consequences, but because it underscores how state supreme courts continue to play a central role in policing redistricting disputes.

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Second Circuit Clears DOJ to Use Racist Motive in Buffalo Death-Penalty Case

The U.S. Court of Appeals for the Second Circuit has handed federal prosecutors a significant win in the Buffalo mass-shooting case, ruling that the Justice Department may rely on the alleged gunman’s racist motive as part of its pursuit of the death penalty. The decision addresses a high-stakes issue in one of the most closely watched federal criminal prosecutions in the country: how the government may frame aggravating factors when seeking capital punishment.

At a practical level, the ruling means prosecutors can present the alleged racial animus behind the 2022 supermarket attack as relevant to the penalty phase, rather than being forced to cabin the case to the underlying acts alone.

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First Circuit Keeps Block on Trump Mail-Voting Order Pending Appeal

A federal appeals court has refused to let the Trump administration implement an executive order affecting mail-in voting while the case moves forward, leaving in place a district court ruling that found the challenged action likely exceeded presidential authority. The decision from the U.S. Court of Appeals for the First Circuit preserves a preliminary injunction entered by U.S. District Judge Indira Talwani in litigation brought by multiple states.

The dispute centers on a familiar constitutional fault line: how far the executive branch can go in regulating election administration, an area traditionally handled by the states.

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Kalshi Seeks Appellate Injunction in Second Circuit Fight Over Event Contracts

KalshiEX LLC has filed a motion for an injunction in the Second Circuit, signaling that the dispute has reached a stage where ordinary appellate timing may not be enough to protect the company’s position.

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Kalshi Seeks Second Circuit Injunction in High-Stakes Appellate Fight

KalshiEX LLC has filed a motion for injunction in the Second Circuit, a notable appellate move that signals the company is seeking immediate relief while its appeal proceeds.

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Monsanto Presses Eighth Circuit to Dismiss Appeal in High-Stakes Procedural Fight

Monsanto Company has filed a reply in support of its motion to dismiss an appeal in the Eighth Circuit, sharpening what appears to be a threshold procedural dispute before the court ever reaches the merits. The filing, docketed in No. 26-2217 on July 8, 2026, is the latest step in a familiar but consequential appellate battle: whether the appellant has properly invoked the court’s jurisdiction and whether the case is in a posture that allows appellate review at all.

A reply in support of a motion to dismiss an appeal typically aims to rebut the appellant’s defenses to dismissal and to frame the issue as straightforward.

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Second Circuit Backs New York’s Gas Ban in New Buildings, Deepening Circuit Split

The Second Circuit has handed New York City and New York State a major appellate win, ruling that they may enforce measures that effectively bar fossil-fuel appliances in newly constructed buildings. The decision is important well beyond New York: it sharpens a growing disagreement among federal appeals courts over whether local and state building-electrification laws are preempted by federal energy-efficiency statutes.

At the center of the dispute were challenges by trade groups and unions arguing that the city and state restrictions unlawfully intrude on an area governed by federal law, particularly the Energy Policy and Conservation Act.

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Supreme Court’s Late-Term Docket Puts Business, Civil Rights, and Agency Power in Focus

As the Supreme Court enters the final stretch of its term, the legal industry is closely watching a cluster of pending decisions that could reshape litigation strategy, regulatory compliance, and constitutional doctrine well beyond June. The current legal news cycle is being driven less by a single blockbuster ruling than by the unusually broad practical impact of the Court’s remaining docket.

The cases drawing the most attention reportedly span administrative authority, civil rights, employment-related disputes, and the scope of federal power.

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Supreme Court to Review Challenge to Lengthy Immigration Detention

The U.S. Supreme Court is set to hear a challenge involving the prolonged detention of certain noncitizens, placing renewed focus on the constitutional and statutory limits of immigration custody. The dispute arises against a backdrop of increasingly aggressive immigration enforcement and longstanding tension over how long the federal government may detain individuals without providing a meaningful bond hearing or other procedural safeguard.

At issue is not just detention policy, but the scope of executive authority in immigration administration and the role of the courts in policing that authority.

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Oklahoma High Court Strikes Down Tulsa–Muscogee Jurisdiction Deal

The Oklahoma Supreme Court has invalidated a closely watched settlement between the City of Tulsa and the Muscogee (Creek) Nation that sought to define how criminal cases involving Native Americans would be handled within reservation boundaries. In State of Oklahoma ex rel. Stitt v. City of Tulsa, the court concluded the agreement was not enforceable under Oklahoma law because it lacked approval from the governor and the legislature.

The ruling is significant because the settlement had attempted to create a practical framework for Tulsa’s continued exercise of criminal jurisdiction in an area where tribal, municipal, and state authority have been heavily contested since McGirt reshaped the legal map in eastern Oklahoma.

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