Appellate

  • April 07, 2026

    DC Circ. Skeptical Ex-Steward CEO Could Skip Sen. Appearance

    A D.C. Circuit judge told the attorney for the embattled former CEO of Steward Health Care on Tuesday that she couldn't comprehend how his client could invoke his Fifth Amendment rights without showing up to his scheduled appearance before a Senate committee.

  • April 07, 2026

    Labor Firm's Advice Isn't Malicious Prosecution, Court Told

    The Comegno Law Group has urged a New Jersey state court to grant its bid for summary judgment in a discrimination and malicious prosecution suit brought by a former school district administrator, arguing that the undisputed record shows it only acted as counsel to its client.

  • April 07, 2026

    Conn. Justices Uphold Reprimand For Atty's 'Diatribe'

    A divided Connecticut Supreme Court on Tuesday refused to toss out a reprimand imposed on an attorney accused of making disparaging statements about judges amid a long-running fee dispute, finding that John W. Mills failed to show he had "an objective, reasonable belief" that his written comments were true.

  • April 07, 2026

    Fed. Circ. Backs PTAB Decision On Intuit Patent Challenge

    The Federal Circuit on Tuesday backed a decision by the Patent Trial and Appeal Board that software company Intuit had not shown that any of the patent claims it challenged in a patent that covers synchronized internet browsing were invalid.

  • April 07, 2026

    Colo. Justices Say Disputed Costs OK In Public Works Claim

    Disputed or unliquidated costs, including delay and disruption damages, can be included in claims under Colorado's Public Works Act, the state's highest court has ruled, reviving a subcontractor's bid to recover a roughly $13 million claim tied to a Denver-area rail project.

  • April 07, 2026

    DOJ Backs Wrong View Of Accounting Error, 11th Circ. Told

    A hedge fund manager challenging the denial of a $1.9 million tax refund related to his private jet told the Eleventh Circuit that the federal government is wrongly parroting a lower court's unreasonable approach to the accounting error underlying the dispute.

  • April 07, 2026

    Vape Cos. Tell NC Justices To Keep 'Sealed Container' Win

    A vape distributor and seller are urging the North Carolina Supreme Court not to disturb an appeals court ruling in their favor in a suit over an exploding battery, saying the appeals court rightly applied the "sealed container" defense.

  • April 06, 2026

    Wash. Activist Seeks To Force Vote On 'Millionaire Tax'

    A conservative activist urged Washington's highest court to allow voters to weigh in on a newly enacted state income tax on earnings above $1 million, seeking to challenge the secretary of state's position that the new tax isn't eligible to be overturned through a citizen referendum.

  • April 06, 2026

    Ill. AG Urges 7th Circ. To Uphold Landmark Swipe-Fee Law

    Illinois Attorney General Kwame Raoul has urged the Seventh Circuit to rule that his state may fully enforce its Interchange Fee Prohibition Act against national banks and other financial institutions, defending its ban on tax-and-tip swipe fees amid a banking industry appeal.

  • April 06, 2026

    3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud

    A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.

  • April 06, 2026

    Fed. Circ. Questions Army Corps' Contract Award About-Face

    A Federal Circuit judge appeared skeptical on Monday over the U.S. Army Corps of Engineers' about-face on the technical acceptability of a construction company's contract proposal, pressing a government attorney to explain how a once-acceptable proposal now has multiple deficiencies.

  • April 06, 2026

    Feds Seek To Enforce Trans Healthcare Orders During Appeal

    The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.

  • April 06, 2026

    Citi Tells 2nd Circ. EFTA Exempts Wire Transfers 'End-To-End'

    A Second Circuit panel Monday seemed responsive to Citibank's arguments that consumer-initiated electronic wire transfers are carved out from the Electronic Funds Transfer Act under a longstanding exemption in the statute, in a suit from the New York attorney general over the bank's response to online wire transfer fraud incidents.

  • April 06, 2026

    9th Circ. Panel Finds Insurer Owed Defense To Wash. Provider

    An Allied World unit unreasonably declined to defend a Washington behavioral health network in a lawsuit alleging sexual misconduct by an employee, a Ninth Circuit panel held Monday, partially reversing a summary judgment win for the insurer.

  • April 06, 2026

    Biz Groups Urge 4th Circ. To End Allergan Overcharge Suit

    Major pharmaceutical and business associations urged the Fourth Circuit to reconsider a panel decision that revived a whistleblower lawsuit accusing an Allergan Sales LLC predecessor of overcharging Medicaid, warning it threatens to become a road map for False Claims Act abuses.

  • April 06, 2026

    Trump Orders Could Chill US Arbitration, Group Warns

    The College of Commercial Arbitrators has urged the D.C. Circuit to reject the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders yanking the security clearances of four BigLaw firms, arguing a contrary ruling would "imperil" arbitration in the U.S.

  • April 06, 2026

    ITC Keeps Stiiizy Vape Import Ban In Place Pending Appeal

    The U.S. International Trade Commission won't pause the import and sales bans imposed on cannabis vape company Stiiizy while the company pursues an appeal of the agency's patent infringement ruling in its dispute with rival Pax Labs.

  • April 06, 2026

    RealPage Flags Justices' Therapy Ruling In NY Law Challenge

    RealPage Inc. alerted a New York federal court to the U.S. Supreme Court's recent ruling against Colorado's conversion therapy ban, saying the decision clarifies which standard should be applied in its First Amendment challenge to a state ban on certain rental software.

  • April 06, 2026

    Bausch, MSN Laboratories Settle Patent Battle Over IBS Drug

    Bausch Health and MSN Laboratories have ended their New Jersey patent fight over the irritable bowel medication Trulance after reaching a confidential settlement, filing a stipulation of dismissal that lets MSN keep its patent challenge and lifts the 30‑month stay blocking FDA approval of its proposed generic drug.

  • April 06, 2026

    8th Circ. Rejects Seed Price-Fix Claims Against Bayer, Others

    An Eighth Circuit panel refused Monday to revive antitrust claims accusing Bayer, Cargill, BASF and other seed and crop input giants of boycotting e-commerce platforms to hide price-fixing, agreeing with the district court that the farmer plaintiffs failed to specify what any particular defendant did.

  • April 06, 2026

    Guo Trustee Can Keep Yacht And $37M, 2nd Circ. Finds

    A Second Circuit panel on Monday affirmed bankruptcy and district court decisions awarding a yacht and a $37 million escrow account to the Chapter 11 estate of Chinese exile Miles Guo, rejecting an appeal from Guo's daughter.

  • April 06, 2026

    Colo. Justices OK Copied Claims If Lawyers Check Facts

    The Colorado Supreme Court ruled Monday that copying allegations from other litigation isn't alone a violation of the Colorado Rules of Civil Procedure, so long as attorneys conduct a "sufficient investigation" into the allegations prior to filing a complaint.

  • April 06, 2026

    1st Circ. Suggests It May Resurrect AdTech Wiretap Case

    A panel of the First Circuit appeared receptive Monday to reinstating federal wiretap claims leveled against a Massachusetts healthcare system over its use of online tracking tools, despite arguments that such a ruling could cripple the industry amid an influx of similar cases nationwide.

  • April 06, 2026

    Full Fed. Circ. Urged To Course Correct On Design Patent Test

    The full Federal Circuit needs to return design patent infringement to a similarities-focused test, rather than one looking at differences between designs, massage device-maker Range of Motion Products LLC said in a bid to revive its suit against Armaid Co.

  • April 06, 2026

    Justices Urged To Curb Post-Mallory Forum Shopping

    Rail industry and legal advocates contend the U.S. Supreme Court's 2023 Mallory ruling unleashed a wave of forum-shopping by plaintiffs lawyers using states' business-registration laws to sue out-of-state companies, and the justices must intervene and stop litigants from unconstitutionally interfering with interstate commerce.

Expert Analysis

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here