Appellate

  • May 04, 2026

    Nexstar Tells Justices DirecTV Fee Case Creates Circuit Split

    Nexstar is not pleased with the Second Circuit's decision to revive DirecTV's antitrust suit accusing the broadcasting giant of trying to fix the price of retransmission fees, and it's hoping the U.S. Supreme Court will step in and overturn the ruling.

  • May 04, 2026

    OkCaller Tells 11th Circ. Its Google Suit Wasn't 'Incoherent'

    OkCaller.com is asking the Eleventh Circuit to revive its lawsuit accusing Google of monopolizing the market for search engine services, arguing that the lower court was wrong to adopt Google's "straw man" and treat the reverse phone number lookup website's argument as "incoherent."

  • May 04, 2026

    6th Circ. Sets Standard For NLRB Injunctions In Hospital Case

    Federal judges shouldn't issue injunctions in failure-to-bargain cases unless concrete evidence shows that the employer's snub of the union will cause harm, a split Sixth Circuit panel has decided, dissolving an injunction against a Michigan hospital and creating a circuit split on the question of when such injunctions are appropriate.

  • May 04, 2026

    FTC Swears Off Media Matters' Boycott Probe, Forever

    Media Matters for America announced a "legally binding settlement" Monday resolving its retaliation claims against the Federal Trade Commission, securing a promise by the agency "to forgo ever reissuing or issuing a substantially similar" administrative subpoena to the left-leaning watchdog in the search for censorship of conservatives.

  • May 04, 2026

    Calif. Tribes Back Stay In Kalshi Case Before 9th Circ. Rules

    Three California tribes have asked a federal judge to stay their litigation seeking to stop prediction market platforms from conducting what they say is illegal gambling on their lands, saying they can wait until the Ninth Circuit rules on their appeal challenging a denied preliminary injunction.

  • May 04, 2026

    OCC Pushes Back On Ex-Rabobank Officer's $4M Fee Bid

    The Office of the Comptroller of the Currency has told the Ninth Circuit a former Rabobank compliance officer is not entitled to $4 million in attorney fees and expenses over costs purportedly incurred during an abandoned enforcement proceeding, arguing the record "raises serious questions as to whether the request is excessive."

  • May 04, 2026

    Gas Stations Bound To Visa Swipe Fee Deal, 2nd Circ. Says

    A Second Circuit panel refused Monday to let a group of gas stations separately sue Visa and Mastercard over their swipe fees, holding the would-be plaintiffs cannot get out of a $5.6 billion antitrust settlement the credit card giants inked with merchants.

  • May 04, 2026

    Colo. Justices Back Discovery Copies For Indigent Defendants

    The Colorado Supreme Court on Monday held that lower courts can order prosecutors to provide free copies of pretrial discovery to indigent defendants who mount credible challenges to their convictions, saying it is necessary to protect the poorest defendants' due process rights.

  • May 04, 2026

    Colo. Justices Back Water Entity's Eminent Domain Rights

    The Colorado Supreme Court unanimously ruled Monday that a water activity enterprise can use eminent domain to condemn private property, ruling against a private landowner in Weld County seeking to prevent the construction of a water pipeline on its property.

  • May 04, 2026

    6th Circ. Nixes Ex-FBI Worker's Sex Harassment Suit

    A female former FBI worker's suit claiming harassment and assault by her male boss will not get a second bite at the apple, the Sixth Circuit said Monday, finding her firing wasn't connected to her sex.

  • May 04, 2026

    Justices Skip Wait To Remand Louisiana Election Map Case

    The U.S. Supreme Court agreed Monday to remand to Louisiana district court a fight over the state's election map, which the justices just deemed an "unconstitutional racial gerrymander," bypassing the typical waiting period to allow state lawmakers to draw up a new map ahead of midterms. 

  • May 04, 2026

    Mich. Justices To Hear Best Buy Arbitration Dispute Case

    The Michigan Supreme Court has ordered oral arguments on whether an employee arbitration agreement used by Best Buy Co. Inc. is enforceable, directing the parties to address how a recent precedent on adhesion contracts applies and if federal law preempts that analysis.

  • May 04, 2026

    10th Circ. Upholds CBP Officer's Conviction Sans Video

    A U.S. Customs and Border Protection officer sentenced to over 1.5 years in prison for depriving a man of his rights at a New Mexico port of entry and falsifying a report about the incident cannot have his conviction overturned, a Tenth Circuit panel said on Monday.

  • May 04, 2026

    Split 7th Circ. Refuses To Revive Kohl's Consumer Arbitration

    The Seventh Circuit has declined to revive arbitration claims against Kohl's over alleged false discounts that were nixed by the American Arbitration Association after the department store chain refused to register its arbitration agreement, a prerequisite for the claims to proceed.

  • May 04, 2026

    Md. Hospital Had Duty To Warn Of Patient's Violent Statements

    A Maryland appellate panel has said the family of a woman killed by her husband days after he was sent home from psychiatric care can move forward with their wrongful death lawsuit, finding the hospital had a duty to warn those living with the man of homicidal statements he made during his inpatient treatment.

  • May 04, 2026

    Mass. Justices Uneasy Over Judge's Handling Of ICE Incident

    Massachusetts' top court on Monday appeared concerned that a state district court judge in 2018 offered to detain a defendant sought by U.S. Immigration and Customs Enforcement agents, as the justices considered a public reprimand.

  • May 04, 2026

    Justices Urged Not To Take Up Macy's Thryv Challenge

    Macy's Inc.'s challenge to a Ninth Circuit ruling upholding a National Labor Relations Board order to reinstate strikers misstates the controlling precedent and mounts an "academic" attack on the board's heightened remedies, the operating engineers said Monday in a brief opposing U.S. Supreme Court review.

  • May 04, 2026

    Orrick Partner Jumps To Pillsbury IP Team In LA

    A longtime Orrick Herrington & Sutcliffe LLP partner has joined the Los Angeles office of Pillsbury Winthrop Shaw Pittman LLP, bringing years of experience in intellectual property litigation and expertise in the Copyright Act and Digital Millennium Copyright Act.

  • May 04, 2026

    Mass. Justices Hint Tax Cut Measure Summary Is Confusing

    Massachusetts' highest court on Monday was critical of the summary for a ballot proposal to reduce the state income tax during a trio of oral arguments on voter initiatives, including separate measures to repeal recreational marijuana legalization and to eliminate one-party primary elections.

  • May 04, 2026

    Conn. Justices Scoff At Shooter's Self-Defense Claim

    The Connecticut Supreme Court on Monday upheld the murder conviction of a man who claimed prosecutors failed to disprove that he acted in self-defense, and declined the defendant's request to adopt what the justices called a "more flexible standard" for instructing a jury on lesser included offenses.

  • May 04, 2026

    Noncitizens Sue Texas Over Arrest Law After 5th Circ. Ruling

    Two noncitizens filed a proposed class action Monday in federal court seeking to block parts of Texas' migrant arrest law from taking effect, less than two weeks after the full Fifth Circuit ruled that immigrant-rights groups and a Texas county lacked standing to challenge the law.

  • May 04, 2026

    1st Circ. Skeptical Of Challenge To CDC Puppy Import Ban

    A panel of First Circuit judges on Monday seemed dubious of a challenge to a U.S. Centers for Disease Control and Prevention ban on the import of dogs younger than 6 months old, saying the agency seems to have multiple bases for the new rule.

  • May 04, 2026

    Kalshi 'Swimming Upstream' In Appeal, Mass. Justices Say

    Prediction market KalshiEX may be facing long odds in its effort to convince Massachusetts' highest court that its sports-related offerings are governed by federal commodities regulators and not subject to state gaming laws, several justices suggested Monday.

  • May 04, 2026

    4th Circ. Says Abortion Protester Doesn't Deserve Jury Trial

    An abortion protester who blocked the doors to a Columbia, South Carolina, clinic did not have the right to a jury trial because the crime, for which he was sentenced to six months in jail and fined $1,000, was not serious enough to warrant it, a Fourth Circuit panel said.

  • May 04, 2026

    2nd Circ. Bars Out-Of-State Drivers In Bimbo Bakeries OT Suit

    Out-of-state delivery drivers can't pursue their wage claims against Bimbo Bakeries in a Vermont federal court, the Second Circuit ruled Monday, finding their claims aren't tied closely enough to the company's activities in the state.

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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