Appellate

  • April 07, 2026

    Calif. Dialysis Bill Violates 1st Amendment, 9th Circ. Says

    The Ninth Circuit on Tuesday struck down provisions of a California law that aims to restrict dialysis providers' ability to profit from patients receiving health insurance premium assistance from nonprofit charities, ruling in a published opinion that the provisions violated nonprofit American Kidney Fund's and dialysis providers' First Amendment rights.

  • April 07, 2026

    Google Convinces 5th Circ. To Move Antitrust Case To Calif.

    A split Fifth Circuit on Tuesday transferred from Texas to California a mobile analytics software company's case accusing Google of monopolizing mobile device search markets, agreeing with the tech giant that the district court misapplied the law when determining the case should stay in the Lone Star State.

  • April 07, 2026

    DC Circ. Quizzes Gov't On Ex-Navy Admiral's Bribery Case

    A D.C. Circuit judge said Tuesday that she couldn't understand why prosecutors asked — and the court allowed them — to cut 45 minutes from the interview of a retired high-ranking U.S. Navy admiral who was on trial for bribery tied to allegations he steered contracts to a firm that had promised him a job.

  • April 07, 2026

    NCAA Asks 9th Circ. To Revive 5-Year Eligibility Cap On Player

    The NCAA urged a Ninth Circuit panel Tuesday to reverse an injunction that allowed a college baseball player to pitch beyond the five-year window the organization normally limits players to, saying his antitrust suit doesn't establish a relevant market or explain any anticompetitive effects of the five-year rule.

  • April 07, 2026

    $8.7M FCA Whistleblower Attys Award Too High, 9th Circ. Says

    The Ninth Circuit held Monday that a district court's award of $8.7 million in fees and expenses to attorneys representing a whistleblower who claimed Academy Mortgage submitted false insurance claims was too high, saying the case is not "exceptional," and the court didn't justify its lodestar multiplier of 1.75.

  • April 07, 2026

    Woman Says Protection Order Shouldn't Bar Damages Claim

    A woman pursuing civil claims against her alleged stalker asked a Colorado Court of Appeals panel to reverse a state court ruling that she is unable to seek damages because she obtained a civil protection order against the man in a separate case.

  • April 07, 2026

    11th Circ. Reinstates Ex-Pepsi Worker's Title VII Race Bias Suit

    The Eleventh Circuit on Tuesday revived a Black former Pepsi-Cola Bottling Co. employee's suit alleging he was fired for complaining about racist harassment, saying the lower court relied too heavily on a long-established legal framework for analyzing workplace bias evidence when dismissing his case.

  • April 07, 2026

    Ill. Panel Says Judge Can't Jail Shoplifter Under Pretrial Law

    An Illinois state appeals court ruled on Tuesday that a man can't be held in jail for shoplifting to await a probation hearing because the charge is not considered a detainable offense under a state pretrial detention law.

  • April 07, 2026

    11th Circ. Urged To Revive Fla. Suit Over Prepaid College Plan

    Florida parents who paid for their kids' university educations in advance through a state-administered program urged the Eleventh Circuit to revive their proposed class claiming they were deprived of their full benefits, arguing Tuesday that the officials who implemented an additional fee aren't immune from the complaint.

  • April 07, 2026

    Acadia Still On Hook For $9M Rehab Death Negligence Verdict

    A California state appeals court on Tuesday affirmed a more than $9 million jury verdict against Acadia Healthcare Co. Inc. in a suit stemming from the death of a patient at one of its addiction treatment centers, saying there was substantial evidence that the Marin County facility was negligently understaffed.

  • April 07, 2026

    Wash. Panel Nixes Insurer's Gordon Rees Malpractice Claims

    A Washington Court of Appeals panel said a Great American insurance unit can't inherit an equipment manufacturer's legal malpractice claims against Gordon Rees Scully Mansukhani LLP and Sinars Slowikowski LLC because of "potential conflict" between the insurer and manufacturer in the underlying dispute over a climber's fall.

  • April 07, 2026

    Colo. City's Blanket, Tent Bans Unconstitutional, Group Says

    Boulder, Colorado's ordinances banning blankets and tents in public spaces criminalize homeless residents who cover themselves to protect against the elements, a Colorado nonprofit told the Colorado Court of Appeals on Tuesday.

  • April 07, 2026

    1-Year Biofuel Exemptions Eligibility Upheld For 2 Refineries

    The U.S. Environmental Protection Agency violated its own regulations by denying exemptions from biofuel blending requirements to two oil refineries in Louisiana and Wyoming, the D.C. Circuit ruled Tuesday.

  • April 07, 2026

    Calif. Justices Toss Death Verdict Over Juror Bias Claim

    The California Supreme Court has tossed the conviction and death sentence of a man found guilty of murdering his mother and a police chief, saying the trial court failed to investigate defense claims that a juror was biased.

  • April 07, 2026

    1st Circ. Skeptical Of Ex-Dartmouth Prof's Bias Claims

    A First Circuit panel on Tuesday appeared unlikely to reverse a lower court's dismissal of discrimination and retaliation claims brought by a former Dartmouth College associate professor who says he was denied tenure because he is Arab-American and Muslim.

  • April 07, 2026

    10th Circ. Says Enviro Groups Skipped Steps In Mine Dispute

    A unanimous Tenth Circuit panel on Tuesday denied two environmental groups judicial review of their efforts to block the expansion of a Colorado coal mine, citing incongruous arguments and a failure to submit a formal objection during the permit-review process.

  • April 07, 2026

    DC Circ. Affirms Venezuela Can't Escape $1B Exxon Award

    The D.C. Circuit on Tuesday summarily affirmed a ruling enforcing a $1 billion arbitral award against Venezuela in a dispute with three Exxon Mobil affiliates, saying a lower court judge correctly rejected the interim government's argument that the illegitimate government of President Nicolás Maduro was wrongly allowed to argue the case.

  • April 07, 2026

    11th Circ. Faults Job Seeker's Atty But Upholds $3.4M Win

    The Eleventh Circuit declined Tuesday to grant a trucking company a new trial on a $3.4 million verdict handed to an applicant who claimed the business walked back a job offer after learning that he is Black, ruling his attorney's "improper" arguments didn't taint the trial's outcome.

  • April 07, 2026

    Fed. Circ. Questions US Stance In Air Force Payment Dispute

    A Federal Circuit judge appeared skeptical on Tuesday of the government's position that it doesn't owe a subcontractor money for work under an Air Force task order where the prime contractor never submitted invoices, asking whether there's concern about "a chilling effect on contractors."

  • April 07, 2026

    DC Circ. Rules That Russia Can't Stall $242M Award Suits

    The D.C. Circuit has opted not to pause litigation aimed at making Russia pay more than $242 million in arbitral awards owed to Ukrainian power and gas companies while the Kremlin appeals the circuit's foreign sovereign immunity ruling to the U.S. Supreme Court.

  • April 07, 2026

    8th Circ. Backs Insurer Win In ND Pollution Exclusion Row

    An Eighth Circuit panel on Tuesday backed an insurer's win in a coverage dispute over a man's alleged injuries from carbon monoxide exposure, finding it did not need a North Dakota high court's input to determine that a policy's pollution exclusion barred coverage.

  • April 07, 2026

    Cisco's Win After Sunk 10-Figure Judgment Eyed By Fed. Circ.

    A Federal Circuit panel on Tuesday grappled with whether a Virginia federal judge got it right when she found that Cisco did not infringe three Centripetal Networks cybersecurity patents, after the appeals court discarded a multibillion-dollar judgment against Cisco due to another judge's stock conflict.

  • April 07, 2026

    3rd Circ. Affirms NJ Man's Conviction For $40M Tax Fraud

    A jury was right to convict a New Jersey man who made $40 million from filing false tax returns in a countrywide securities fraud scheme, the Third Circuit found in upholding the conviction, saying his arguments were not compelling enough to reverse the guilty verdict.

  • April 07, 2026

    Fla. Detention Facility Injunction Unsupported, 11th Circ. Told

    Florida argued Tuesday a lack of U.S. government funding and control can't support a lower court order finding the construction of an Everglades-based immigration detention center bypassed federal environmental laws, and urged the Eleventh Circuit to reverse a preliminary injunction halting the center's operations.

  • April 07, 2026

    Security Guard's Suit Alleging Gender Bias Fails At 10th Circ.

    The Tenth Circuit refused Tuesday to revive a former security guard's lawsuit alleging he was fired for complaining that his supervisor gave female employees preferential treatment, finding he failed to show that managers knew about his report to human resources.

Expert Analysis

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

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    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

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    The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • Exploring When Fraud Asset Freezes Limit Right To Pick Atty

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    The defendant’s claim in the Seventh Circuit’s pending U.S. v. Shah case that the government restrained his assets until he couldn’t afford his chosen counsel presents a useful case study in how criminal forfeiture procedure interacts with U.S. Supreme Court rulings on Sixth Amendment rights and appealing complex fraud convictions, says Elisha Kobre at Sheppard.

  • How Justices' GEO Ruling Resets Gov't Contractor Litigation

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    The U.S. Supreme Court’s recent GEO Group v. Menocal decision, holding that government contractors cannot immediately exit cases via interlocutory appeals, may increase litigation costs, strengthen plaintiffs' leverage in settlement negotiations and dampen the government's ability to attract bids on high-risk or sensitive projects, say attorneys at Wiley.

  • Appellate Strategy Lessons From Pa. Excess Coverage Ruling

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    In FedEx v. National Union Fire Insurance, a Pennsylvania state court recently set forth a clear holding that policyholders may recover postjudgment interest under excess liability insurance policies only when the policy language expressly allows, offering important takeaways for planning appeals, say attorneys at Hunton.

  • Defense Counsel Options Widen As No-Bill Rate Increases

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    Citizens impaneled on grand juries in politically motivated cases who are reasserting their role as a critical check on state power could provide criminal defense attorneys an opportunity to pursue seldom-used preindictment strategies, say attorneys at Ballard Spahr.

  • How Cos. Can Prepare For 'Made In America' Ad Scrutiny

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    The Trump administration's executive order to combat fraudulent "Made in America" claims in consumer-facing advertising, along with actions by the Federal Trade Commission, suggest a potential increased focus on consumer protection and pricing-related matters, say attorneys at Skadden.

  • Similar-Looking Designs May Not Always Prove Infringement

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    The Federal Circuit's recent decision in Range of Motion Products v. Armaid is a reminder that even a strikingly similar design might not be found to infringe upon a patented design once design features driven by functionality are filtered out from consideration, say attorneys at BCLP.

  • Series

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

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    Michigan's financial services sector saw several significant developments in 2026's first quarter, including the state Department of Insurance and Financial Services' issuance of a bulletin on the use of artificial intelligence and the Michigan House's introduction of a bill based on the Model Money Transmission Modernization Act, say attorneys at Dykema.

  • 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.

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