Appellate

  • May 22, 2026

    NC Justices Clash Over Rate Reviews In Duke Energy Cases

    A divided North Carolina Supreme Court affirmed rate increases a state commission approved for Duke Energy units on Friday, clashing over some justifications for them and the level of review warranted under a regulatory framework that allows utilities to seek multiyear hikes.

  • May 22, 2026

    Mich. Panel Upholds $20M Verdict Despite Improper Closing

    The Michigan Court of Appeals affirmed a $20.6 million verdict for a man who was severely injured when a van struck him while he was snow-blowing his driveway, ruling that the defense could not challenge plaintiff counsel's inflammatory closing arguments because it failed to object at trial.

  • May 22, 2026

    Texas Justices Say Appeal Bond Cap Applies Per Debtor

    A split Texas Supreme Court on Friday found that each debtor of a $400 million judgment is subject to the state's bond cap, finding a joint $25 million bond by a group of three real estate defendants insufficient in their bid to pause collection efforts while they appeal a wrongful-death suit judgment.

  • May 22, 2026

    5th Circ. Seeks 'Sound Basis' To Gauge Water Antitrust Claims

    The Fifth Circuit has remanded a real estate developer's antitrust claims over a Texas city's alleged illegal restraint on retail water utility services, saying a lower court did not give the appeals court a "sound basis" to examine the claims.

  • May 22, 2026

    9th Circ. Judges Skeptical Of Roblox Arbitration Timing

    An email that Roblox Corp. sent to opposing counsel asking for an account username and saying that it was seeking to compel arbitration after it lost a bid to dismiss a parent's suit could be "damning" for the popular gaming company, a Ninth Circuit judge suggested on Friday.

  • May 22, 2026

    Texas Justices Side With AG In Austin Rail Appeal Row

    The Texas Supreme Court chastised a lower court for proceeding to the merits instead of settling a jurisdictional question in litigation relating to the $10 billion price tag for Austin's planned light rail system and related bonds, saying Friday that "nothing about this scenario is as it should be."

  • May 22, 2026

    Pa. Panel Says New Probation Limits Apply Retroactively

    A Pennsylvania appeals court said a man who was mistakenly allowed to move to Wisconsin and have his ankle monitor removed should not face years in prison as a result of the infraction.

  • May 22, 2026

    Fla. Panel Says Past Payment Cut $200K Police Damages Cap

    A Florida state appeals court Friday reversed a judgment against a sheriff found negligent for injuries in a motor vehicle collision, ruling that a prior indemnity for property loss should have reduced the $200,000 statutory cap on damages for individuals injured by local government entities.

  • May 22, 2026

    Ga. Panel Rejects 'Disingenuous' Bid To Dodge Settlement

    A Georgia appellate panel has backed a trial court's decision to enforce a separation settlement between a metro Atlanta city and its former city manager, ruling that he could not escape his attorney's clear-cut acceptance of the city's offer when she wrote that "we have a deal."

  • May 22, 2026

    Nexstar Says It Needs Tegna Deal To Compete With Big Tech

    Nexstar Media Group Inc. told a California federal court it needs to merge with Tegna Inc. to compete more effectively, especially with streaming services owned by the Big Tech giants, as it faces a challenge to the deal from state enforcers and DirecTV.

  • May 22, 2026

    USPTO Defends Squires' Axed PTAB Decision At Fed. Circ.

    The U.S. Patent and Trademark Office is arguing that the Federal Circuit should reject a patent challenger's appeal of Director John Squires' reversal of its successful case against a lottery ticket patent, saying the company doesn't have the right to appeal.

  • May 22, 2026

    Justices' ERISA Ruling May Raise Withdrawal Liability Costs

    The U.S. Supreme Court's recent holding that multiemployer plan actuaries can retroactively change the assumptions used to calculate employers' withdrawal liability could increase the price tag for pulling out of those pension plans, attorneys say.

  • May 22, 2026

    Khalil Seeks Justices' Review Of 3rd Circ. Detention Ruling

    Mahmoud Khalil said Friday that he will turn to the U.S. Supreme Court after the full Third Circuit declined to rehear a split panel decision overturning district court orders releasing him from immigration detention and prohibiting his retention and removal.

  • May 22, 2026

    4th Circ. Revives Suit Accusing Cops Of Faking Evidence

    The Fourth Circuit has ruled in a published opinion that two brothers who were wrongfully convicted of murder two decades ago can move forward with claims that detectives with the Baltimore Police Department coerced a key witness into falsely asserting their role in the crime.

  • May 22, 2026

    4th Circ. Says Atty's Hospital Fraud Claims Not Med Mal

    The Fourth Circuit has revived an attorney's suit against a Maryland hospital, saying while the claims may be related to medical malpractice that he alleges he suffered under a doctor working at the hospital, the fraud and conspiracy claims are not medical malpractice.

  • May 22, 2026

    Health Workers Say US Solicitor Wrong In NY Vax Case

    The U.S. solicitor general's position that the nation's highest court shouldn't take up a religious bias suit over a New York state COVID-19 vaccine mandate for healthcare workers incorrectly claimed that accommodations were obtainable, the mandate's challengers told the justices Friday.

  • May 22, 2026

    Fed. Circ. Won't Save Aerial Imagery Roof-Measuring Patents

    The Federal Circuit on Friday refused to revive a pair of patents covering a system for measuring a roof by using aerial imagery, rejecting the patent owner's arguments over how the Patent Trial and Appeal Board interpreted key phrases.

  • May 22, 2026

    Disney, Cameron Look To Escape Suit Over 'Avatar' Sequels

    Disney, film director James Cameron and his production company, Lightstorm Entertainment Inc., are urging a California federal judge to throw out a suit alleging the sequels in the "Avatar" movie franchise ripped off a writer's ideas, calling most of the case a "conspiratorial fantasy."

  • May 22, 2026

    USPTO Tells Justices To Skip Dolby Interested Party Case

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Dolby Laboratories' appeal seeking to require Unified Patents to name the interested parties in a patent challenge, saying Dolby lacks standing and that revised USPTO policies now require such disclosures in future cases.

  • May 22, 2026

    7th Circ. Not Sure 'Call' Means 'Text' Under TCPA

    Seventh Circuit panelists have expressed skepticism that text messages could be considered "telephone calls" under the Telephone Consumer Protection Act's do-not-call provisions.

  • May 22, 2026

    $30M In Tax Fraud Penalties Didn't Need Juries, Justices Told

    The IRS did not violate a group of taxpayers' rights to jury trials when it hit them with more than $30 million in penalties for tax fraud, the agency told the U.S. Supreme Court, maintaining that the Eleventh Circuit's decision to deny them juries should stand.

  • May 22, 2026

    Wis. Justices Turn Away Skechers' License Deal Tax Fight

    Wisconsin's top court let stand a ruling that found Skechers USA lacked purpose — other than avoiding taxes — for creating a subsidiary and entering into transactions with it that resulted in the company claiming nearly half a billion dollars in deductions in the state.

  • May 22, 2026

    Fed. Circ. Restores $82M Award Against Ford In IP Fight

    The Federal Circuit on Friday reinstated a jury's $82.3 million contract award to Versata Software Inc. against Ford Motor Co. and ordered a new trial on trade secret damages, finding in a precedential decision that the lower court improperly limited available damages theories.

  • May 22, 2026

    Google Urges DC Circ. To Nix DOJ's Search Win

    Google told the D.C. Circuit Friday the government is using antitrust law to punish a successful competitor as it looks to overturn a trial court's ruling finding that Google illegally maintained its search monopoly.

  • May 22, 2026

    'Can't Just Make Up Names And Sue,' 7th Circ. Judge Says

    A Seventh Circuit judge rebuked a lawyer for naming a "made up" entity, rather than the correct institution, in a workplace sexual harassment lawsuit against the Wisconsin Court System and a former judge, demanding the error be corrected immediately.

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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