Appellate

  • April 14, 2026

    7th Circ. Orders New Trial For Ex-ComEd CEO, Lobbyist

    The Seventh Circuit on Tuesday ordered the release of the former CEO and a former lobbyist of Commonwealth Edison on bond pending a new trial, just hours after hearing arguments on their bids to unwind convictions for allegedly funneling and hiding payments to ex-Illinois House Speaker Michael Madigan's allies.

  • April 14, 2026

    Pa. Justices Question US Steel's Duty To Pay Attys For Testing

    Pennsylvania's Supreme Court questioned Tuesday whether a state law governing cleanup of hazardous sites allows neighbors of a long-closed zinc plant to sue for future remediation and health monitoring when the only costs so far had been incurred by lawyers who fronted the first round of testing.

  • April 14, 2026

    7th Circ. Nixes Bailiff's Immunity Appeal As Premature

    A split Seventh Circuit panel dismissed a court bailiff's interlocutory appeal, finding that the court lacked jurisdiction to determine whether the deputy had qualified immunity in a civil suit accusing him of failing to intervene when another bailiff wrongly told a jury they could not deadlock in a kidnapping case.

  • April 14, 2026

    Nevada Tribe Asks High Court To Revive $208M Water Claim

    A Nevada tribe is asking the U.S. Supreme Court to overturn a Federal Circuit decision to dismiss its $208 million breach of trust claims against the United States, telling the justices that without intervention the ruling will reduce their homelands to "useless sand without water."

  • April 14, 2026

    Screening Time Deal Doesn't Bar Break Suit, Wash. Panel Says

    An eldercare company's class settlement over COVID-19 screening time doesn't bar a separate suit claiming the company failed to pay workers for missed meal breaks, a Washington state appeals court ruled, reviving the break claims.

  • April 13, 2026

    Exxon Can't Halt Heat Death Suit Ahead Of Climate Tort Ruling

    A Washington state court judge has denied an attempt by Exxon and other major oil and gas producers to pause a first-of-its-kind lawsuit over a 2021 Seattle heat wave death until the U.S. Supreme Court decides on the viability of climate torts in a Colorado case.

  • April 13, 2026

    Parents Must Prove They Can't Refuse Arbitration, 9th Circ. Says

    A California federal judge must take a fresh look at parts of IXL Learning Inc.'s bid to arbitrate a proposed class action alleging the education technology company unlawfully collected and sold children's personal information, the Ninth Circuit ruled Monday, saying the lower court "misallocated the burden of proof on mutual assent."

  • April 13, 2026

    Crypto Suit Fails Without Proof Of Partnership, 2nd Circ. Says

    An Oregon man has not shown that he is entitled to a share of profits from a purported joint venture in cryptocurrency investment involving a once close friend, the Second Circuit said Monday, affirming a Manhattan federal judge's dismissal of the claims.

  • April 13, 2026

    Colo. Justices Say Late Notice Bars Sidewalk Injury Suit

    A woman's personal injury claims against the city of Colorado Springs, Colorado, are time-barred because she failed to notify the city within 182 days of the injury, despite not being told for over a year that the city was the liable party, the state Supreme Court ruled Monday.

  • April 13, 2026

    DC Circ. Digs Into FTC Rationale For Media Matters Probe

    A D.C. Circuit panel tore into a Federal Trade Commission lawyer on Monday as the agency fought to convince the three judges that a lower court had no right to block it from investigating a left-leaning media watchdog, a probe the group claims is retaliation for publishing anti-Nazi content.

  • April 13, 2026

    9th Circ. Judge Skeptical Of Renewing Trump Energy EOs Suit

    A Ninth Circuit judge expressed reluctance on Monday to revive a challenge to President Donald Trump's executive orders prioritizing fossil fuels to meet the country's energy needs, echoing a lower court's concern that the requested relief would give the judiciary the unmanageable task of scrutinizing countless federal agency actions.

  • April 13, 2026

    BofA Shielded In Iranian Bias Suit, 9th Circ. Says

    The Ninth Circuit refused Monday to revive a proposed class action accusing Bank of America of discriminating against Iranian citizens, affirming a California federal court's ruling that the lawsuit fails to show the bank acted with ill will when erroneously closing the plaintiff's account.

  • April 13, 2026

    Fed. Circ. Looks Askance At Sanctions In E-Banking IP Case

    A Federal Circuit panel on Monday appeared bothered by a lower court's nearly $85,000 sanctions order against a company and its counsel in its infringement lawsuit over an online banking patent, with one judge saying the record does not seem to support such action.

  • April 13, 2026

    'Gay Conversion' Ruling Nixes Telehealth Ban, 9th Circ. Told

    An attorney representing a doctor and patient challenging California's law severely limiting interstate telehealth medical consultations urged a Ninth Circuit panel Monday to reverse a lower court's order dismissing the suit, saying the Supreme Court's recent decision nullifying Colorado's ban on "gay conversion therapy" applies to the case.

  • April 13, 2026

    Spirit Airlines Owes Millions In Fees To TSA, 11th Circ. Says

    The Eleventh Circuit ruled Monday that Spirit Airlines must remit all security fees to the Transportation Security Administration from customers who canceled flights and did not use their credits within the airline's 60-day expiration period.

  • April 13, 2026

    PacifiCorp Damages Tab Rises With Liability Uncertain

    An Oregon jury on Monday ordered PacifiCorp to pay $14.5 million to a group of 11 survivors of 2020 fires, although the validity of the damages-only verdict is uncertain after an appeals court days ago overturned the liability verdict underlying it.

  • April 13, 2026

    State Telecom Roundup: X Case Widens Jurisdiction Fight

    After a federal judge tossed a Washington man's suit accusing Twitter of illegally collecting his phone number, the user argued the case shouldn't have been moved to federal court anyway, and the federal courts have wrongly extended Article III jurisdiction to the lawsuit. Here's a breakdown of the problem over standing that some officials say they see coming.

  • April 13, 2026

    Colo. Court Says Coaching Claims Open Door To Testimony

    A man convicted of sexually abusing his children cannot argue that expert testimony declaring that his kids had not been coached was inadmissible, a split Colorado Supreme Court found on Monday, agreeing with a split appeals court that the defendant had opened the door for such commentary.

  • April 13, 2026

    Hikma Tells Justices Cox Ruling Boosts 'Skinny Label' Case

    Hikma Pharmaceuticals USA Inc. told the U.S. Supreme Court on Monday that the justices' recent decision clearing an internet company in a copyright case bolsters the drugmaker's challenge to a patent suit over its generic version of an Amarin Pharma Inc. heart drug.

  • April 13, 2026

    Vicente Breached Duty In Pot Shop Deal, Mass. Panel Told

    The owner of a central Massachusetts cannabis dispensary asked the state's intermediate appellate court on Monday to revive claims against Vicente Sederberg LLP based on an alleged breach of a fiduciary duty that the law firm, now known as Vicente LLP, says never existed.

  • April 13, 2026

    6th Circ. Says 'Nothing Technical' About Co.'s Union Snub

    A Michigan construction company violated federal labor law by withdrawing recognition from and refusing to bargain with a union, the Sixth Circuit held Monday, rejecting the company's attempt to have the court review a National Labor Relations Board official's dismissal of a petition to decertify the union.

  • April 13, 2026

    Texas Appeals Court Upholds Dismissal In $250M Fraud Case

    A split Texas appeals court panel found that a company cannot bring claims against Morgan Stanley after an executive at the bank ran an alleged kickback scheme involving $250 million in mineral interests, saying the executive was working by himself when the alleged fraud occurred.

  • April 13, 2026

    DOD Asks To Keep Escort Requirement For Reporters

    The U.S. Department of Defense has asked a D.C. federal judge to allow it to continue requiring journalists to be escorted while in the Pentagon, arguing that it is essential for preventing national security leaks.

  • April 13, 2026

    Columbia Seeks Fed. Circ. Redo Of Axed Norton Patent Ruling

    Columbia University has asked a Federal Circuit panel to partly reconsider a decision discarding a nine-figure patent judgment against the maker of Norton antivirus software, saying the university did request a jury instruction on foreign sales damages that the appeals court said it did not seek.

  • April 13, 2026

    Ill. Panel Orders New Trial In Postconviction Relief Reversal

    An Illinois state appeals court has ordered that a man convicted of murder more than two decades ago be given a new trial, finding he successfully demonstrated that newly discovered evidence could exonerate him if put in front of a new jury.

Expert Analysis

  • 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.

  • 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.

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