Articles Tagged: Appellate Litigation
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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.
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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