Articles Tagged: Appellate Litigation

 

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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Ninth Circuit Revives Alaska’s Right to Disclose ConocoPhillips Well Data

The Ninth Circuit has handed Alaska regulators a significant win in a dispute over access to oil-and-gas well information, ruling that federal law does not preempt an Alaska statute requiring disclosure of certain ConocoPhillips well data. The decision reverses a lower-court ruling that had allowed the records to remain confidential and marks an important appellate development at the intersection of energy regulation, public-records obligations, and preemption doctrine.

At a high level, the fight centered on whether federal statutes and regulations governing energy-related information displaced Alaska’s disclosure regime.

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MIT Pushes for Fast-Track Win in First Circuit Appeal

Appellee MIT has asked the First Circuit for summary disposition in appeal No. 26-1510, a procedural move designed to end the appeal without full merits briefing or oral argument. In practical terms, the motion argues that the appellant’s position is so clearly foreclosed—whether by settled law, lack of appellate jurisdiction, waiver, or obvious deficiencies on the record—that the court can dispose of the case now.

While the docket entry does not spell out the underlying dispute, the filing itself is notable because summary disposition motions are not routine.

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D.C. Circuit Set to Hear Trump’s Bid Targeting Major Law Firms

A federal appeals fight scheduled for Thursday put an unusual and consequential question before the D.C. Circuit: how far a president or executive branch may go in penalizing private law firms based on the clients they represent or positions they take in politically charged matters.

According to reporting on the matter, former President Donald Trump is seeking appellate relief tied to efforts aimed at punishing major law firms.

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Thomson Reuters v. Ross Heads to Third Circuit, Keeping AI Copyright Boundaries in Focus

One of the most closely watched AI-adjacent copyright disputes in legal tech is moving deeper into the appellate phase. Thomson Reuters and Ross Intelligence are now before the Third Circuit in Thomson Reuters Enterprise Centre GmbH, et al v. Ross Intelligence Inc, a case that has become a bellwether for how courts may treat the use of proprietary legal content in building competing research tools.

The dispute stems from allegations that Ross used Thomson Reuters’ Westlaw headnotes and related editorial material to train or develop its legal research platform without authorization.

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Supreme Court Pauses Idaho Limits on Mifepristone Access

The U.S. Supreme Court has temporarily preserved broader access to mifepristone, blocking a lower-court ruling that would have allowed Idaho to enforce restrictions affecting the abortion pill while the litigation moves forward. The order does not resolve the merits, but it keeps the status quo in place and signals that the justices remain deeply engaged in how post-Dobbs abortion disputes intersect with federal drug regulation.

The immediate legal question is narrower than the broader political debate: how far can a state go in limiting access to an FDA-approved drug when that access is also shaped by federal regulatory decisions? That tension has become a central battleground since Dobbs, especially where states seek to impose restrictions that may conflict with the FDA’s approval framework, labeling decisions, and distribution rules.

For litigators, the Court’s temporary intervention is a reminder that emergency relief in reproductive-rights cases can effectively determine access on the ground long before a final merits ruling.

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Supreme Court Keeps Abortion Pill Mail Access in Place for Now

The U.S. Supreme Court on Thursday left in place, for now, lower-court rulings that allow the mailing of the abortion pill mifepristone to continue while litigation proceeds. The order preserves the status quo in one of the most closely watched administrative-law and reproductive-rights disputes in the country, avoiding an immediate change to how patients and providers access medication abortion.

At a practical level, the Court’s action means that providers, pharmacies, and telehealth platforms may continue relying on the current federal framework that permits distribution by mail, rather than shifting abruptly to a more restrictive regime.

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