Appellate

  • May 15, 2026

    4th Circ. Halts Md. Law Banning Electricity Greenwashing

    The Fourth Circuit on Friday halted a Maryland law aimed at preventing electricity companies from falsely marketing their power as environmentally friendly, saying it may be overly broad in a likely violation of the First Amendment.

  • May 15, 2026

    Fed. Circ. Urges Justices To Reject Newman Suspension Case

    The Federal Circuit has urged the U.S. Supreme Court not to hear Judge Pauline Newman's appeal targeting a suspension imposed on her by the court's other judges, arguing that a lower court correctly held that her challenges to the order are not subject to judicial review.

  • May 15, 2026

    Fed. Circ. OKs Decisions Clearing Banks In Patent Cases

    The Federal Circuit on Friday backed lower court decisions that cleared a pair of banks of allegations that they infringed an online banking patent, but threw out a nearly $85,000 sanctions order against the patent owner and its counsel.

  • May 15, 2026

    6th Circ. OKs Immunity In Louisville, Ky., Traffic Stop Shooting

    The Sixth Circuit has ruled that a Louisville Metropolitan Police Department officer is shielded by qualified immunity from a civil rights lawsuit filed against the officer after he shot and killed an armed-robbery suspect who had driven his car into police during a traffic stop.

  • May 15, 2026

    US Backs Pause On Tatneft Discovery Over Ukraine Risks

    The Trump administration seeks to keep a nearly decade-old case filed by one of Russia's largest oil companies to enforce a $173 million arbitral award against Ukraine on ice until hostilities in the region have ended, saying Kyiv has "credibly asserted" that its national security is at risk.

  • May 15, 2026

    DC Circ. Hears Russia's Bid To Block $5B Yukos Award

    The Russian Federation's constitution and statutes make clear that Vladimir Putin's administration and Yukos Oil Co.'s financing arm didn't have a valid agreement to arbitrate a dispute that resulted in a nearly $5 billion arbitral award against the country, Russia told the D.C. Circuit Friday.

  • May 15, 2026

    Colo. Governor Reduces Ex-Election Clerk's Sentence

    Colorado Gov. Jared Polis on Friday commuted the nine-year prison sentence of former Mesa County clerk and recorder Tina Peters to over four years for an election-related scheme in which she baselessly asserted the 2020 presidential election was stolen and assisted with the unlawful access to election equipment.

  • May 15, 2026

    2nd Circ. Judge Flags 'Weird' Objection To $147.5M Deal

    A Second Circuit panelist said Friday that an argument advanced by a group of objectors to a $147.5 million cost-of-insurance settlement is "weird," noting that its logic depends on securing an even better outcome in separate litigation.

  • May 15, 2026

    9th Circ. Revives Licorice Buyer's Wiley Wallaby Label Suit

    The Ninth Circuit on Friday reinstated a consumer's proposed class action accusing a candy maker of deceptively labeling Wiley Wallaby-brand berry licorice as naturally flavored despite using an artificial ingredient, finding the buyer leveled plausible allegations that the manufacturer's statements would likely trick a reasonable consumer.

  • May 15, 2026

    High Court Ruling On Sexist Prosecution Has Broad Impact

    The U.S. Supreme Court's short opinion last year finding that an Oklahoma woman's capital trial was potentially marred by sexist and prejudicial evidence has been cited over 100 times since, and not just in cases involving gender bias. Litigants have invoked the ruling to challenge their convictions over a wide range of issues involving prosecutorial prejudice, bias and trial fairness — but courts so far have been reluctant to grant relief.

  • May 15, 2026

    IQ Tests And Innocence: Doubts Rattle Ark. Death Row Case

    Doubts about the guilt of Roderick Rankin, an Arkansas man sentenced to death for murdering three members of his ex-girlfriend’s family, have grown since a pastor said Rankin's brother Rodney confessed to the killings. His case sits at the intersection of actual innocence claims, false confessions, intellectual disability and federal habeas law. When the U.S. Supreme Court declined to hear the case earlier this month, it left many of those questions unresolved.

  • May 15, 2026

    Texas Justices Say Home Depot Owes No Duty In Fatal Crash

    The Texas Supreme Court said Friday that Home Depot cannot be held liable for a deadly 2024 collision involving a Werner Enterprises Inc. truck hired to transport the retail giant's goods, saying state law doesn't impose a duty of care on passive shippers under the alleged circumstances.

  • May 15, 2026

    IRS Asks Fed. Circ. To Overturn COVID-Era Deadline Ruling

    The IRS announced Friday that it will ask the Federal Circuit to overturn a claims court decision allowing a California business owner to recover penalties and interest he had tried to get refunded during the COVID-19 pandemic, challenging an interpretation that offered potential relief for others. 

  • May 15, 2026

    Minn. Twins Doctor Can't Claim Immunity In Player Death Suit

    A doctor employed by the Minnesota Twins can't claim immunity in a lawsuit alleging he failed to diagnose a heart condition in a ballplayer that led to his death, a Florida appeals panel ruled on Friday.

  • May 15, 2026

    4th Circ. Hands Express Scripts Jury Trial In W.Va. Opioid Suit

    The Fourth Circuit on Friday issued a writ of mandamus backing Express Scripts Inc.'s right to a jury trial in litigation over the pharmacy benefit manager's alleged role in contributing to the opioid crisis in West Virginia.

  • May 15, 2026

    Michigan Says DOE Lacked Crisis To Extend Coal Plant Life

    A D.C. Circuit panel attempted Friday to find the limit on the U.S. Department of Energy's emergency authority to keep power plants running without a regional utility's request, with Michigan arguing that no emergency existed to justify the federal government's orders to keep a Consumers Energy plant online.

  • May 15, 2026

    Calif. Murder Conviction Tossed Over Bad Jury Instructions

    A man convicted of second-degree murder and sentenced to up to life in prison must have a new trial as a result of improper jury instructions that were modified by a judge to conflict with actual state laws, a California appeals court has determined.

  • May 15, 2026

    Burford Tells Justices 3rd Circ. Botched Arbitration Question

    Litigation funder Burford Capital is urging the U.S. Supreme Court to reverse a Third Circuit decision dismissing on jurisdictional grounds its bid to arbitrate a dispute relating to German antitrust litigation, arguing that the appeals court committed a "fundamental error."

  • May 15, 2026

    9th Circ. Won't Revisit Wash. Professor Free Speech Ruling

    The Ninth Circuit won't revisit a decision saying the University of Washington violated a computer science professor's First Amendment rights after he voiced opposition to the school's policy that acknowledges Indigenous tribes as the traditional caretakers of the campus' land.

  • May 15, 2026

    Detroit-Area School Found Immune In Suit Over Student Injury

    The Michigan state appeals court has said a Detroit-area school district is not liable for a student's finger being amputated after a school bus-boarding mishap because the district is protected by governmental immunity from negligence lawsuits.

  • May 15, 2026

    Texas Justices Revive Anti-SLAPP Bid In Abortion Fund Suit

    The Texas Supreme Court on Friday revived a woman's anti-SLAPP bid in an abortion fund's suit against her, holding that the suit was filed in response to the woman's earlier attempt to investigate the fund's deputy director for potential violations of state abortion law.

  • May 15, 2026

    Alex Jones Can 'Freely Compete' With Infowars, Court Told

    The operator of Infowars says bankrupt broadcaster Alex Jones has a legal right to "freely compete" with his former outlet, telling a Texas appeals court the website shut down because a court-appointed receiver failed to pay a third-party streaming service, not because Jones absconded with its property.

  • May 15, 2026

    6th Circ. Upholds $10M Verdict Against Detective In Brady Suit

    The Sixth Circuit has upheld a $10 million jury verdict for a Michigan man who spent more than six years in prison before prosecutors concluded he was not guilty of murder, ruling that a Detroit detective could not use the man's vacated conviction to block his civil rights suit.

  • May 15, 2026

    NC Social Worker Wants Resentencing In Medicaid Fraud Suit

    A clinical social worker in North Carolina serving more than 11 years in prison on healthcare fraud charges is challenging her sentence in the Fourth Circuit, saying Thursday that a lower court used overly generalized findings to apply a vulnerable victim sentence enhancement.

  • May 15, 2026

    6th Circ. Won't Rehear Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Friday refused to rethink a panel's earlier decision that revived two proposed class actions against cereal giant Kellogg and transportation company FedEx in which retirees allege that their pension payments were lowballed due to outdated mortality tables used in conversions.

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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