Appellate

  • April 22, 2026

    Anthropic Slams Hegseth's Security Risk Label At DC Circ.

    Anthropic Wednesday asked the D.C. Circuit to overturn the U.S. Department of Defense's action branding it a supply chain risk, saying the decision was retaliation for the artificial intelligence company's refusal to provide the Trump administration with technology for mass domestic surveillance or fully autonomous weapons.

  • April 22, 2026

    Delta Pilots Fail To Get Military Bias Suit Off The Ground

    The Eleventh Circuit on Wednesday affirmed a lower court's decision tossing former Delta Air Lines Inc. pilots' claims that they were forced out of their jobs for taking military leave, ruling the pilots would have been forced out anyway for abusing their sick leave.

  • April 22, 2026

    Hurricane Maria Aid Workers Can't Pursue FEMA For Wages

    A First Circuit panel said Wednesday that workers for a nonprofit organization that received Federal Emergency Management Agency funds for Hurricane Maria relief efforts cannot sue the federal government for unpaid wages because the agency was not their employer.

  • April 22, 2026

    Del. Justices Cast Doubt On Applying Jarkesy To State Cases

    The Delaware Supreme Court appeared reluctant Wednesday to apply the U.S. Supreme Court's Jarkesy holding to state securities fraud cases, questioning arguments that Delaware's administrative law courts are unconstitutional because they deny defendants a jury trial.

  • April 22, 2026

    Full Fed. Circ. Passes On Sarepta's Patent Rehearing Bid

    The full Federal Circuit on Wednesday rejected Sarepta Therapeutics Inc.'s bid for a rehearing after a panel's decision revived a University of Pennsylvania gene therapy patent that is licensed by clinical-stage biotechnology company Regenxbio Inc.

  • April 22, 2026

    Feds Urge 9th Circ. To Lift Block On Calif. Border Patrol Sweeps

    The government urged the Ninth Circuit on Wednesday to lift an injunction barring Border Patrol from warrantless arrests and detentive stops without probable cause and reasonable suspicion, arguing that the plaintiffs lack standing, because they have "no good basis to believe they themselves will be subject to future unlawful stops."

  • April 22, 2026

    9th Circ. Says Calif. Can't Force Federal Agents To Display ID

    A Ninth Circuit panel temporarily blocked California from enforcing part of a law requiring law enforcement officers, including federal immigration agents, to visibly display identification, ruling it is likely unconstitutional.

  • April 22, 2026

    Nexstar Appeals Order Blocking $6.2B Tegna Merger

    Nexstar Media Group Inc. has made good on its promise to appeal an order preventing it from fully merging with Tegna Inc., as the broadcasters fight a challenge of the $6.2 billion deal from state enforcers and satellite provider DirecTV.

  • April 22, 2026

    Bayer 'Natural' Vitamin Buyer Classes Affirmed By 9th Circ.

    A split Ninth Circuit on Tuesday upheld a federal district court's certification of New York and California classes of consumers who bought Bayer Healthcare multivitamin gummies that were allegedly labeled falsely as "natural," finding the company "demands more" from the plaintiffs at this stage of the litigation than certification requires. 

  • April 22, 2026

    11th Circ. Says Everglades Detention Center Can Stay Open

    The Eleventh Circuit has vacated a preliminary injunction halting the operations of an Everglades-based immigration detention center for bypassing federal environmental laws, ruling two environmental groups and the Miccosukee Tribe of Indians of Florida challenging the detention center failed to show that it is under federal control.

  • April 22, 2026

    2nd Circ. Amends Revival Of Mortgage-Backed Securities Suit

    The Second Circuit on Wednesday pulled back from a holding that mortgages underlying a union pension fund's mortgage-backed securities investments that tanked during the financial crisis were plan assets under federal benefits law in a proposed class action that the appellate court revived in March against Wells Fargo and Ocwen.

  • April 22, 2026

    Justices Would Back Vax Law Challenge, 2nd Circ. Told

    The U.S. Supreme Court's March 2 decision in a California gender-related school policy case requires the Second Circuit to advance a 2023 challenge to Connecticut's preschool and daycare student vaccine mandates, an attorney for a Constitution State congregation told a three-judge panel on Wednesday.

  • April 22, 2026

    10th Circ. Backs $14M Verdict Over Denver Protest Policing

    The Tenth Circuit rejected Denver's challenge to a nearly $14 million jury verdict that found the city liable for police officers' unconstitutional force against protesters during the 2020 Black Lives Matter protests in the city.

  • April 22, 2026

    NJ Co. Presses 3rd Circ. To Nix Hudson Tunnel Project PLA

    A New Jersey company has urged the Third Circuit to scrap a project labor agreement the Gateway Development Commission entered for the Hudson Tunnel Project, claiming the agreement unlawfully blocked it and its United Steelworkers employees from vying for a major segment of the project.

  • April 22, 2026

    Immunity Bars Fla. Prepaid Tuition Suit, 11th Circ. Says

    The Eleventh Circuit ruled that parents' proposed class action seeking damages from the Florida Prepaid College Board over failing to provide a portion of tuition for their daughters' education cannot proceed, saying their claims are barred under sovereign immunity. 

  • April 22, 2026

    7th Circ. Revives $300M Hyatt Rewards Tax Dispute

    The U.S. Tax Court relied on an incomplete analysis when it sided with the IRS and held that nearly $300 million in revenue from Hyatt Hotels' loyalty rewards program fund should be treated as taxable income, the Seventh Circuit held Wednesday.

  • April 22, 2026

    11th Circ. Mulls Whether High Court Ruling Backs Book Ban

    The Eleventh Circuit on Wednesday pressed Florida on its argument that a landmark 1988 U.S. Supreme Court case supported its defense of a state law barring books with sexual content from school libraries, with two judges hinting that the high court's decision might not be directly on point.

  • April 22, 2026

    NY High Court Orders Hearing On Reason For Traffic Stop

    A New York City man who served time for driving with a suspended license had his conviction reversed and sent back to the trial court by the Empire State's highest court, which found he should have had a suppression hearing after arguing police illegally stopped him.

  • April 22, 2026

    Temp Agency Owner's Tax Convictions Upheld By 1st Circ.

    The First Circuit on Wednesday affirmed the convictions of a Quincy, Massachusetts, temp agency owner who prosecutors said evaded more than $800,000 in payroll taxes by paying employees under the table.

  • April 22, 2026

    4th Circ. Won't Rehear Spat Over DOGE's Agency Data Access

    The Fourth Circuit has declined to reconsider a split panel's decision to vacate an injunction that blocked the Department of Government Efficiency's access to personal information held by three federal agencies.

  • April 22, 2026

    5th Circ. Bars Dead Veteran's VA Surgery Suit As Untimely

    The estate of a dead veteran who filed a medical malpractice lawsuit 18 years after an unauthorized operation at a Veterans Affairs hospital didn't bring the suit within Mississippi's seven-year deadline for medical malpractice claims, the Fifth Circuit ruled Wednesday.

  • April 22, 2026

    Justices Lean Toward Parole For Charged Green Card Holders

    The U.S. Supreme Court appeared unconvinced on Wednesday that returning green card holders with pending criminal charges must be admitted rather than paroled into the country, with one justice suggesting it could backfire on lawful permanent residents and might be impractical.

  • April 22, 2026

    Split 6th Circ. Lets Brewer Challenge Tax Code's Distilling Ban

    An Ohio brewery owner has standing to challenge the constitutionality of the federal tax code's ban on distilling whiskey at home, but the ban is necessary for the government to collect taxes on distilled spirits, a split Sixth Circuit panel ruled.

  • April 22, 2026

    Cumulus Defends Nielsen Data-Tying Order At 2nd Circ.

    Radio giant Cumulus Media has told the Second Circuit that Nielsen helped contribute to the broadcaster's bankruptcy earlier this year by tying sales of its national radio ratings data to sales of its local offerings, calling the practice unlawful and saying it should be stopped.

  • April 22, 2026

    AIM Spars Over $10M Fee, Board Fight In Del. Supreme Court

    Investor AIM Ventura Capital Fund LLC and Gabb Wireless founder Stephen Dalby clashed Wednesday before the Delaware Supreme Court over whether a lower court wrongly denied a contract remedy and imposed a multimillion-dollar fee award in a bitter governance dispute.

Expert Analysis

  • 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.

  • 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.

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