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Appellate
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April 09, 2026
1st Circ. Sees Rationale For Puerto Rico 'X' Birth Marker Ban
A First Circuit panel floated a possible legal pathway for Puerto Rico to refuse to add a neutral gender option on birth certificates Thursday as the commonwealth appealed a mandate to permit nonbinary people to change their gender to "x."
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April 09, 2026
Wash. Justices Oust Judge Pro Tem Over Forged Parking Doc
Washington's highest court voted unanimously Thursday to remove a substitute judge from his King County District Court post for forging a court document in an effort to save $10 on daily parking costs.
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April 09, 2026
Philip Morris, RJR Keep Win In Widower's Death Suit
A Massachusetts appeals panel Thursday refused to reinstate a suit from a widower against Philip Morris USA Inc. and R.J. Reynolds Tobacco Co. over the death of his wife from COPD, saying he hadn't properly preserved his arguments for tolling the statute of limitations.
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April 09, 2026
Ex-Player Asks NC Justices To Revive School Negligence Suit
A former college football player is urging North Carolina justices to take up his appeal and rule that a lower court was wrong to hand a pretrial win to Gardner-Webb University, arguing a jury should decide if the school took reasonable care to protect him from "attempted murder."
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April 09, 2026
9th Circ. Nixes Tribe's Bid To Vacate Union Card Check Award
A California Native American tribe can't undo an arbitration award requiring it to follow the guidelines for union representation elections outlined in its 2017 agreement with UNITE HERE, the Ninth Circuit has ruled.
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April 09, 2026
Nonprofit Insurer Wants To Seek AstraZeneca Claims Revival
EmblemHealth asked a Massachusetts federal judge to let it seek First Circuit intervention against a decision that cut in half its proposed class action accusing AstraZeneca unit Alexion of using sham patents to protect blood disorder treatment Soliris from biosimilar rivals.
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April 09, 2026
Texas Man On Death Row Seeks Pause For New Evidence
An incarcerated man on death row in Texas has asked a state pardon board to push back his execution date so he can present new evidence he says proves that his cousin, not him, committed a pair of murders nearly 20 years ago.
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April 09, 2026
Attys, Scholars Can Back Khalil In 3rd Circ. Detention Fight
The Third Circuit granted three separate motions from civil rights groups, immigration experts and habeas scholars Thursday to file amicus briefs supporting Mahmoud Khalil's request for en banc review of a precedential decision that cleared the way for the government to continue detaining the Columbia University activist.
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April 09, 2026
Report Finds No Evidence Mass. Judge, Prosecutor Had Affair
A former Massachusetts state court judge and a county prosecutor were cleared in a special master's report made public Thursday about anonymous accusations that they were having an affair while he was presiding over her cases.
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April 09, 2026
Zillow, Redfin Ask To Use 4th Circ. NCAA Ruling In FTC Suit
Property listing giants Zillow and Redfin asked a Virginia federal court to let them use a recent Fourth Circuit ruling for an NCAA case to bolster their dismissal bid against antitrust claims filed by the Federal Trade Commission and multiple states.
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April 09, 2026
Green Card Redo Moots Suit Over Denial, 10th Circ. Says
A Tenth Circuit panel said a federal judge was right to toss a suit challenging a green card denial after U.S. Citizenship and Immigration Services reopened the application and denied it again when the applicant failed to provide requested information.
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April 09, 2026
DOL Urges 11th Circ. To Scrap ERISA Exhaustion Rule
The U.S. Department of Labor urged the full Eleventh Circuit to overturn precedent making it the only appellate court requiring workers to exhaust administrative remedies before bringing any statutory claims under the Employee Retirement Income Security Act. arguing that the standard is unfair and in conflict with ERISA.
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April 09, 2026
PNC Tells Justices $233M Patent Win Was Rightly Axed
PNC Bank told the U.S. Supreme Court to leave untouched a Federal Circuit ruling that nixed a set of $233 million patent infringement verdicts in suits brought by the United Services Automobile Association, saying USAA's patents were "plainly directed to an abstract idea" not eligible for patent protection.
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April 09, 2026
US Again Urges High Court To Back Drug Price Program
The administration of President Donald Trump again urged the Supreme Court not to hear a challenge to the Medicare drug price negotiation program, arguing against a constitutional challenge brought by Boehringer Ingelheim that drug companies aren't forced to accept lower prices because they can choose not to participate.
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April 09, 2026
5th Circ. Revives Reinsurance Broker Row Over Credit Mishap
The Fifth Circuit revived a suit by an insurer's owner alleging that its broker failed to administer its reinsurance program properly, leading to over $100 million in losses when it discovered the program lacked a valid line of credit.
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April 08, 2026
3rd Circ. Asked To Undo Atty Fees For ICE Cooperation Suit
A former Bucks County, Pennsylvania, sheriff asked the Third Circuit on Wednesday to undo a $35,000 attorney fee award granted to groups that remanded their case over his cooperation with U.S. Immigration and Customs Enforcement, arguing the case belonged in district court because he'd effectively become a federal officer.
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April 08, 2026
Fla. Panel Told New Proposals Don't Protect Natural Springs
A nonprofit urged a Florida state appellate panel Wednesday to overturn an administrative judge's decision siding with an agency's proposed rules for protecting natural springs, arguing the permitting measures are essentially the same as existing ones and do nothing to prevent overconsumption.
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April 08, 2026
DC Circ. Allows DOD To Ax Anthropic Contracts Amid Review
The D.C. Circuit Wednesday shot down Anthropic's request for an emergency order temporarily barring the U.S. Department of Defense from designating the artificial intelligence company as a national security risk while Anthropic's appeal plays out, although it agreed to expedite the appeal.
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April 08, 2026
Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation
A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.
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April 08, 2026
NY Panel Skeptical Of TikTok Bid To Ax AG's Addiction Suit
A five-judge appellate panel Wednesday voiced doubts about TikTok's bid to dismiss the New York attorney general's claims that the social media platform is an addictive product that targets and harms children, pushing back on the company's free speech defense.
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April 08, 2026
NJ Bank Can't Get Conversion Plan Revived On Appeal
A New Jersey appellate court panel on Wednesday affirmed a ruling that the board of a savings-and-loan bank improperly adopted a plan to convert into a mutual savings bank to block an activist investor from gaining board seats.
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April 08, 2026
Juror Nondisclosure Can't Trigger Crash Retrial, Panel Says
A car crash plaintiff who sought $1 million in damages but was awarded only $20,000 can't get a new trial because of juror misconduct, a Florida state appeals court ruled Wednesday, saying a juror's lengthy legal history could have been easily uncovered online.
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April 08, 2026
7th Circ. Questions Internet Scammer's Phone Search Appeal
A Seventh Circuit judge seemed skeptical Wednesday of a Chicago area fraudster's argument that federal border protection agents needed a warrant before searching his cell phones for evidence of romance, mystery shopper and other scams that he received a nine-year prison sentence for leading.
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April 08, 2026
Trump Asks NY's Top Court To Toss AG's 'Flawed' Fraud Case
President Donald Trump on Wednesday asked New York's highest court to throw out New York Attorney General Letitia James' "deeply flawed" civil fraud judgment entirely after a lower appellate court tossed what it called an "excessive" $489 million penalty against the president, his sons and his real estate companies.
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April 08, 2026
Mich. Panel Sides With Disabled Man In City Council Dispute
A disabled Michigan man can submit his comments to the Inkster City Council via email and have them read into the official record, a Michigan court affirmed Wednesday.
Expert Analysis
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Exploring When Fraud Asset Freezes Limit Right To Pick Atty
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.
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How Justices' GEO Ruling Resets Gov't Contractor Litigation
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.
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Appellate Strategy Lessons From Pa. Excess Coverage Ruling
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.
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Defense Counsel Options Widen As No-Bill Rate Increases
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.
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How Cos. Can Prepare For 'Made In America' Ad Scrutiny
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.
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Similar-Looking Designs May Not Always Prove Infringement
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.
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Series
Mich. Banking Brief: All The Notable Legal Updates In Q1
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.
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Pension Case Offers Entertainment Work Exception Insights
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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Justices' Ruling Stresses Quick Action Against Absconders
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.
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Justices May Hesitate To Limit Courts' Arbitration Review
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.
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Series
Ultramarathons Make Me A Better Lawyer
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.
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State FARA Laws Pose Unique Constitutional Challenges
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.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
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.
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Determining When Engineered Biologics May Be Patentable
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.
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In First For DOJ, Action Signals New CFIUS Enforcement Era
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.