Appellate

  • April 02, 2026

    10th Circ. Agrees To Rehear Colo. Opt-Out Interest Rate Suit

    The Tenth Circuit agreed Thursday to rehear en banc banking groups' request for the court to take another look at their challenge to a Colorado law intended to curb high-cost lending in the state, vacating a November ruling that restored the law.

  • April 02, 2026

    Amazon's Bot Ban Aims To Stifle AI Rivals, 9th Circ. Told

    Perplexity AI has urged the Ninth Circuit to scrap an injunction blocking the startup's artificial intelligence tool Comet from purchasing items on Amazon.com, arguing the lower court made numerous errors, and Amazon is trying to stifle competition to promote its own AI tools and "bombard" users with ads.

  • April 02, 2026

    Fla. Panel Quashes Atty Depo Order In Insurer Bad Faith Row

    A Florida state appellate panel struck down an order allowing Progressive to compel testimony from a personal injury attorney on whether her client was willing to settle a coverage dispute within its policy limits, finding a lower court incorrectly determined that her client waived privileges.

  • April 02, 2026

    Conn. Panel Revives Coverage Dispute Over IVF Fraud Case

    An insurer can't rely on intentional conduct or sexual conduct exclusions in a reproductive endocrinologist's policy to avoid covering him in an underlying suit accusing him of impregnating two in vitro fertilization patients with his own sperm, a Connecticut appeals court ruled.

  • April 02, 2026

    Biased Juror Wins Woman New Trial In Stepson's Killing

    A Colorado Court of Appeals panel Thursday tossed the conviction of a Colorado Springs woman who was found guilty of killing her 11-year-old stepson, ordering a new trial after the panel found in a 2-1 split decision that a biased juror shouldn't have been allowed to deliberate the case.

  • April 02, 2026

    Trump Admin. Seeks Reversal Of DC Nat'l Guard Injunction

    The Trump administration called on the D.C. Circuit to fully unravel an injunction barring the deployment of the D.C. National Guard and other states' National Guards in the District of Columbia, arguing that the deployments are "plainly lawful."

  • April 02, 2026

    Colo. Panel Upholds Convictions, Not Sentence, Of Ex-Clerk

    The former clerk and recorder of Mesa County, Colorado, will have her nine-year sentence for her role in an election-related scheme reconsidered after a state appeals panel agreed Thursday that she was punished harshly in violation of her free speech right to baselessly assert the 2020 presidential election was stolen.

  • April 02, 2026

    CFTC Sues Ill., Conn., Ariz. Over Event Contract Enforcement

    The U.S. Commodity Futures Trading Commission continued its bid to assert "exclusive jurisdiction" over prediction markets on Thursday with a trio of suits against Arizona, Connecticut and Illinois regulators over the states' attempts to shut down certain event contract trading as unregistered gambling.

  • April 02, 2026

    Feds Say Habeas Ruling Could Spur More 'Illegal Orders'

    The Trump administration has asked the Fourth Circuit to reverse a district ruling that upheld a standing order from Maryland federal judges barring immediate removal or transfer of immigrant detainees, arguing the ruling sets a dangerous precedent for district court standing orders.

  • April 02, 2026

    ​​​​​​​Aeropostale Shopper's Fake Markdown Claim Flops In Wash.

    The Washington Supreme Court determined in a 6-3 ruling on Thursday that an Aeropostale shopper who alleges she was duped into purchasing leggings based on a fake markdown cannot show harm under the state's consumer protection law based on dashed expectations alone.

  • April 02, 2026

    Chamber Urges 1st Circ. To Affirm Toss Of Tobacco Fee Suit

    A Rhode Island federal judge got it right when she tossed a proposed class action alleging that workers who completed a smoking cessation program are entitled to refunds of surcharges to their health insurance premiums, the U.S. Chamber of Commerce told the First Circuit.

  • April 02, 2026

    Missing Inventor Dooms Railing Patents, Fed. Circ. Finds

    The Federal Circuit on Thursday found that a fencing company's omission of a co-inventor on its patents covering an outdoor railing product rendered them invalid, rejecting its arguments that its inability to locate the missing inventor shouldn't be fatal.

  • April 02, 2026

    NJ Panel OKs Prior Assault Evidence In Manslaughter Trial

    A New Jersey state appeals court ruled on Thursday that evidence of previous crimes was properly admitted in a manslaughter trial because prosecutors were able to prove that the value in establishing the defendant's identity and motive outweighed any potential jury prejudice.

  • April 02, 2026

    Schneider Wallace Fights Uphill For Bigger Cut Of $75M Fees

    A California federal magistrate judge appeared skeptical Thursday about Schneider Wallace Cottrell Kim LLP's bid to increase its cut of a $75.4 million fee award for representing plaintiffs in a $228.5 million Sutter Health antitrust deal, saying lead counsel Constantine Cannon LLP's allocation of $1.4 million to Schneider Wallace seems fair.

  • April 02, 2026

    Consumer Groups Back SEC In High Court Disgorgement Row

    A slew of industry and legal groups have asked the U.S. Supreme Court to reject a challenge to the U.S. Securities and Exchange Commission's disgorgement powers, arguing in Wednesday amicus briefs that Congress explicitly empowered the regulator to seek disgorgement without showing investor harm.

  • April 02, 2026

    2nd Circ. Panel Won't Revive Ivy League Players' Antitrust Suit

    The Second Circuit on Thursday affirmed the dismissal of proposed class claims accusing the Ivy League and eight member universities of stifling competition by agreeing to refrain from offering athletic scholarships to academically gifted student athletes, saying they fell short of antitrust law pleading standards.

  • April 02, 2026

    NY Appeals Court Tosses Brooklyn Gun Conviction

    A Brooklyn man convicted of illegally possessing a gun must have his judgment reversed, a New York state appeals court ruled, finding that the officers chasing and searching him had no valid reason to do so and never announced they were police.

  • April 02, 2026

    Puerto Rico Bankruptcy Stymies Paul Weiss, ACLU Fee Bids

    American Civil Liberties Union and Paul Weiss attorneys who successfully eased restrictions on voting by mail in Puerto Rico during the COVID-19 pandemic cannot collect fees for their work because they were discharged in Puerto Rico's bankruptcy proceeding, the First Circuit has ruled.

  • April 02, 2026

    Texas Capital Bank Faces Stiff Questions At 5th Circ.

    Texas Capital Bank faced tough questions from a Fifth Circuit panel in its bid to reverse a lower court's decision in favor of Ginnie Mae that extinguished TCB's lien on reverse mortgage assets, with one judge saying Thursday that the government has "the power under the statute."

  • April 02, 2026

    5th Circ. Rejects Stanford's Bid To Overturn $6.8B SEC Win

    A Fifth Circuit panel affirmed a lower court judgment requiring convicted Ponzi schemer Robert Allen Stanford to fork over $6.76 billion to the U.S. Securities and Exchange Commission in its 16-year-old suit over Stanford's $7 billion fraud scheme, finding that he failed to properly raise many of his arguments during the summary judgment stage.

  • April 02, 2026

    6th Circ. Rejects Blanket Imposition Of Supervised Release

    District courts have the discretion to end supervised release at any point after a year and may not consider time already spent under supervision as the sole factor in determining its end date, the Sixth Circuit said Wednesday, reversing a district court.

  • April 02, 2026

    1st Circ. Won't Let HUD Cut Homelessness Grant Funding

    The First Circuit rejected the U.S. Department of Housing and Urban Development's bid to pause two lower court orders that prevented the department from cutting funding for its grant program for homelessness services such as permanent housing.

  • April 02, 2026

    NJ Doctor Can't Scrub Suspension For Lax Recordkeeping

    A New Jersey state appeals court on Thursday declined to wipe out a six-month suspension and $150,000 civil penalty assessed against a pain management specialist by the State Board of Medical Examiners, saying the evidence supported the board's decision.

  • April 02, 2026

    AG Urges NC Justices To Keep Jurisdiction Over TikTok Suit

    North Carolina Attorney General Jeffrey Jackson urged the state's Supreme Court to make TikTok's parent company face claims that it's addictive to juvenile users, arguing the social media giant had enough contact with the Tarheel State to be subject to its courts' jurisdiction.

  • April 02, 2026

    Pepsi Worker Seeks 2nd Circ. Tobacco Fee Suit Revival

    A Pepsi worker said Thursday she'll seek Second Circuit review of a New York federal judge's decision to toss her proposed class action alleging the snack and beverage multinational violated federal benefits law when it charged employees who used tobacco more for health insurance.

Expert Analysis

  • Pension Case Offers Entertainment Work Exception Insights

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    A recent Ninth Circuit decision clarified that any amount of entertainment work can satisfy the entertainment industry exception under the Multiemployer Pension Plan Amendments Act, reinforcing that statutory language, rather than evolving business models, dictates withdrawal liability outcomes, say attorneys at Seyfarth.

  • Justices' Ruling Stresses Quick Action Against Absconders

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    Following the U.S. Supreme Court's recent holding in Rico v. U.S. that a supervised release term is not automatically extended when a defendant absconds, probation officers and prosecutors risk being unable to address later violations if they don't act promptly to secure warrants, say attorneys at Winston & Strawn.

  • Justices May Hesitate To Limit Courts' Arbitration Review

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    Based on Monday's argument in Jules v. Andre Balazs, the U.S. Supreme Court seems poised to preserve federal jurisdiction over arbitral award enforcement stemming from actions originated in federal court, a holding that would markedly limit the court's 2022 Walters v. Badgerow decision, says Ashwini Jayaratnam at DarrowEverett.

  • Series

    Ultramarathons Make Me A Better Lawyer

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    Completing a 100-mile ultramarathon was tougher, more humbling and more rewarding than I ever imagined, and the experience highlighted how long-distance running has sharpened my ability to adapt to the evolving nature of antitrust law and strengthened my resolve to handle demanding, unforeseen challenges, says Dan Oakes at Axinn.

  • State FARA Laws Pose Unique Constitutional Challenges

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    Several states have recently enacted foreign agent registration and disclosure regimes that were modeled after the Foreign Agents Registration Act, but these state laws raise several constitutional questions, including concerns about preemption, speech and petition, and vagueness, says Alexandra Langton at Covington.

  • Series

    Pa. Banking Brief: All The Notable Legal Updates In Q1

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    The first quarter of 2026 brought several consequential developments for Pennsylvania financial institutions, including the state banking department's first assessment overhaul in 10 years, a bill prohibiting interchange fees on card transaction sales taxes and a federal appeals court's upholding of a $52 million enforcement action, say attorneys at Gross McGinley.

  • Determining When Engineered Biologics May Be Patentable

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    The Federal Circuit's recent decision in Regenxbio v. Sarepta, concluding that engineered cells with DNA from different organisms are not patent-ineligible natural phenomena, raises questions surrounding what framework courts will use to evaluate the patent eligibility of engineered biologics moving forward, says Robert Frederickson at Goodwin.

  • In First For DOJ, Action Signals New CFIUS Enforcement Era

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    The U.S. Department of Justice is seeking judicial enforcement of a divestment order, an unprecedented action for the agency that ushers in a new phase for the Committee on Foreign Investment in the United States, one in which judicial proceedings complement administrative oversight and presidential divestment orders may be enforced through litigation, says attorney Sohan Dasgupta.

  • 6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto

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    In rehearing Clippinger v. State Farm, the Sixth Circuit can align itself with the recent drumbeat of other circuits rejecting class certification of auto total loss claims and set standards that apply to similar claims brought under homeowners and other types of insurance policies, say attorneys at Jackson Walker.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

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