Appellate

  • April 01, 2026

    Wolfgang Puck Gets A Chance To Exit Cookware Injury Suit

    A Florida appellate court on Wednesday reversed dueling trial court rulings in a suit over an allegedly defective Wolfgang Puck-branded pressure cooker, saying an evidentiary hearing is required to determine whether the celebrity chef and his company can be hauled into a Florida court.

  • April 01, 2026

    17 State AGs Challenge EPA's Repeal Of Coal Plant Air Regs

    Attorneys general from Illinois and 16 other states urged the D.C. Circuit on Tuesday to undo the Trump administration's recent rollback of Biden-era caps on mercury and other toxins in air pollution from coal- and oil-fired power plants, warning the loosened standards threaten public health and the environment.   

  • April 01, 2026

    5th Circ. Panel Weighs BP Retirees' Pension Suit Win

    A Fifth Circuit panel wanted to know what specific misrepresentations BP Corp. North America Inc. made to about 7,000 retirees that caused them to think they were getting a sweeter retirement deal than they got, asking Wednesday which misrepresentations were the most "obvious."

  • April 01, 2026

    9th Circ. Nixes 3-Strikes Enhancement In Meth Conviction

    The Ninth Circuit has ordered that a new sentence for drug trafficking be given to a man who successfully argued in a self-filed motion that his attorney failed to challenge a sentence enhancement for career offenders.

  • April 01, 2026

    4th Circ. Upholds Prior Settlement Bars Clear Touch TM Suit

    The Fourth Circuit on Wednesday ruled that it won't undo a lower court's decision tossing interactive technology products company Clear Touch Interactive Inc.'s federal intellectual property claims against a former reseller, saying the case was blocked by an earlier settlement agreement between the parties.

  • April 01, 2026

    9th Circ. Says Judge Likely Overreached In No-Bond Ruling

    The Ninth Circuit has stayed a California federal judge's ruling vacating a Board of Immigration Appeals decision stripping immigration judges of authority to grant release on bond, finding the district court likely exceeded its authority in doing so.

  • April 01, 2026

    Judiciary Seeks More Security Funding Amid Threat Surge

    Court security is a top concern for the federal judiciary in its recently released budget request for fiscal 2027.

  • April 01, 2026

    2nd Circ. Says No Atty Conflict For Convicted Payday Lender

    The Second Circuit on Wednesday affirmed a district court's conviction of a payday lender on racketeering, money laundering and fraud claims, rejecting the lender's argument that his conviction must be vacated because, while his trial was underway, his court-appointed counsel cooperated with the same prosecutors' office in an unrelated case.

  • April 01, 2026

    Texas Panel Agrees Atty Misused Client List, Cuts $6M Award

    A Texas appeals panel upheld a jury's finding that a Houston attorney misappropriated another Houston lawyer's client materials, but reduced a $6 million judgment by more than $4.7 million and ordered the lower court to determine how to deal with the remaining award, if any.

  • April 01, 2026

    Justices' Cox Decision Fuels Debate Over DMCA's Relevance

    The U.S. Supreme Court's unanimous decision last week shielding Cox Communications from contributory copyright liability and wiping out a massive piracy verdict against the internet service provider has sparked a debate over how much the Digital Millennium Copyright Act's safe harbor provision still matters.

  • April 01, 2026

    Fed. Circ. Finds Puradigm Gave Up Air Purifier Patent Claim

    Air purification technology company Puradigm lost its bid to bring back its lawsuit accusing a group of related competitors of infringing one of its patents, after the Federal Circuit on Wednesday affirmed a Texas federal court's finding that the accused products couldn't have been infringed.

  • April 01, 2026

    Mass. Cannabis Businesses Say Repeal Bid Misleads Voters

    A coalition of Massachusetts cannabis business owners Wednesday challenged the constitutionality of a proposal to repeal retail marijuana legalization at the ballot box this November.

  • April 01, 2026

    Pa. Court Says 1 Fire Set Equals 1 Arson-Property Sentence

    A man sentenced to up to 15 years for setting his ex-girlfriend's home on fire must be resentenced, a Pennsylvania Superior Court panel ruled unanimously Tuesday, agreeing that he should only have faced one count of arson endangering property since he only set one fire.

  • April 01, 2026

    Fed. Circ. Tosses Attorney's Appeal To Win Back Fee Award

    The Federal Circuit has rejected an attorney's appeal challenging a U.S. Department of Veterans Affairs order to return attorney fees he'd won in a disability case after the VA later determined they were unreasonable, finding that no appellate jurisdiction exists.

  • April 01, 2026

    High Court Appears Skeptical Of Trump's Birthright Order

    The U.S. Supreme Court seemed dubious Wednesday of President Donald Trump's attempt to limit birthright citizenship, with the majority of justices struggling to see how the administration's argument was supported by the constitutional text. 

  • March 31, 2026

    Students Can Become Aid Fixing Class, With New Lead Attys

    Students pursuing financial aid fixing claims against Cornell University and several other elite schools can proceed as a class if they tap different lead counsel, since misrepresentations regarding one firm's purportedly contingent casework caused a significant trust impairment, an Illinois federal judge said Tuesday.

  • March 31, 2026

    Ariz. Judge Keeps Oak Flat Stay Pending 9th Circ. Rehearing

    An Arizona federal judge has agreed with Apache tribal members and environmental groups that a stay should remain in place as they await a Ninth Circuit decision on their legal fight to block the transfer of 2,500 acres to a copper mining company.

  • March 31, 2026

    3rd Circ. Says Immigrant's Abuse Claims Need Further Review

    The Third Circuit said Tuesday that further review was needed in the case of a Dominican national facing deportation to hash out whether his removal could be canceled based on federal law protecting immigrants from abuse from lawful permanent residents or citizens.

  • March 31, 2026

    Fed. Circ. Upholds Samsung's PTAB Win Over Display Patents

    The Patent Trial and Appeal Board rightly invalidated claims of two related Manufacturing Resources International Inc. patents for cooling electronic displays, the Federal Circuit affirmed Tuesday.

  • March 31, 2026

    Del. Judge Won't Nix $60M Casablanca Hotel Award Case

    A Delaware federal court rejected an investor's bid to escape litigation aimed at enforcing a $60 million arbitral award favoring the current owner of the Royal Mansour Hotel in Casablanca, pointing to a Third Circuit decision that reversed an earlier ruling by the lower court.

  • March 31, 2026

    Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law

    A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.

  • March 31, 2026

    5th Circ. Grills Fraudsters Over $158M Healthcare Scheme

    A Fifth Circuit panel pushed back on two men's contention that their convictions in a $158 million healthcare scheme should get thrown out, asking Tuesday how the evidence the jury heard wasn't enough to uphold the convictions.

  • March 31, 2026

    Texas Court Says Football Player's Med Mal Report Was Faulty

    A Texas appellate court said a trial court erred when it overruled objections the Texas A&M University System raised over an expert report filed for healthcare liability claims brought by a football player who suffered an ankle injury.

  • March 31, 2026

    FTC Backs Florida's Move To Kill ABA's Accreditation Monopoly

    The Federal Trade Commission said Tuesday that it supports the Florida Supreme Court's recent decision to end the American Bar Association's longstanding accreditation monopoly, agreeing with the finding that it is "not in Floridians' best interest for the ABA to be the sole gatekeeper" in deciding who sits for the bar exam.

  • March 31, 2026

    USPTO Tells Fed. Circ. Patent Panel Is Constitutional

    The U.S. Patent and Trademark Office is urging the Federal Circuit to reject a British bookmaker's challenge to a review panel's revival of DraftKings' inter partes review of one of its patents, saying any constitutional challenges have to fail.

Expert Analysis

  • 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.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • 8 Tariff Refund Questions For Restructuring Professionals

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    For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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