Appellate

  • May 20, 2026

    7th Circ. Weighs If Abbott Warning Would Change NEC Care

    A Seventh Circuit judge on Wednesday pushed counsel for a mother asking to revive her lawsuit claiming Abbott Laboratories' infant formula caused her premature daughter to develop a fatal gut disease to address whether the mother had a burden to identify a more adequate warning that would have prompted her baby's treating physicians to act differently.

  • May 20, 2026

    NC Tenants Fight For $9.5M Asset Freeze In Landlord Row

    A class of tenants at a multifamily property in Durham, North Carolina, urged a state appellate court to uphold an order barring their landlord from transferring proceeds from the possible sale of the property out of state, while they litigate a $9.5 million suit over conditions at the property.

  • May 20, 2026

    Ballot Group Backs Ark. In 8th Circ. Gaming Permit Dispute

    A ballot group at the center of a voter referendum that revoked an Arkansas gaming permit for Cherokee Nation Entertainment is backing the state's right to enforce the ballot measure in the Eighth Circuit, arguing that state and Prohibition-era Supreme Court precedent confirms there's no protectable property interest in the license.

  • May 20, 2026

    8th Circ. Asked To Reconsider Video In Murder Appeal

    A man convicted along with his mother of murdering another man on the Cheyenne River Sioux Indian Reservation has asked the Eighth Circuit to rehear his case, arguing that footage of the killing shouldn't have been admitted due to gaps in the recording.

  • May 20, 2026

    Gang 'Type' Crimes Don't Link To Activity, Ga. Justices Say

    The Georgia Supreme Court has vacated a state appellate court ruling against a man convicted under a state gang prevention law, finding that a jury in his case was given an incorrect instruction on a central element of the law and how his conduct could be related to gang activity.

  • May 20, 2026

    Pa. AG Aims To Revive Ban On Medicaid-Paid Abortions

    Pennsylvania Attorney General Dave Sunday plans to fight an appellate panel's ruling that Medicaid-funded abortions are a fundamental right to reproductive autonomy in the state.

  • May 20, 2026

    Immigration Board Says Late Venue Shift Lacked Good Cause

    The Board of Immigration Appeals shifted a case involving Brazilian nationals back to Boston after finding the immigration judge granted a change of venue without proper consideration and should have limited off-the-record discussions.

  • May 20, 2026

    Conn. Justices Let Energy Cos. Challenge $1M Order

    A Connecticut trial court was wrong to dismiss a declaratory judgment claim from a group of electricity suppliers that a state regulator ordered to pay more than $1 million for missing renewable energy targets, the state's highest court held Wednesday in partially restoring the companies' case.

  • May 20, 2026

    2nd Circ. Pick Questioned At Hearing On Role As Trump Lawyer

    Matthew Schwartz, a nominee for the Second Circuit, was questioned by Democratic senators Wednesday about whether his current job as the president's personal attorney while his nomination process is underway poses a conflict of interest.

  • May 20, 2026

    Atlanta Law Firm Beats Attempt To Revive RE Malpractice Suit

    The Georgia Court of Appeals rejected an attempt to revive a malpractice suit filed against an Atlanta-based law firm for allegedly shoddy work on a title search in connection with a real estate property purchase, saying Wednesday the suit came too late.

  • May 20, 2026

    Aerospace Co.'s Bid Revived To Bar Alleged Secrets Use

    The Sixth Circuit has disagreed with a lower judge who declined to issue an injunction against an engineer accused of stealing trade secrets just before he left his old company for a rival, saying the facts "clearly weigh in favor of granting injunctive relief."

  • May 20, 2026

    Georgia Supreme Court Justices Fend Off Challengers

    Georgia Supreme Court Justices Sarah Hawkins Warren and Charlie Bethel persuaded state voters to give them new six-year terms on the state's highest court, withstanding bids to unseat them from former state Sen. Jen Jordan and attorney Miracle Rankin. 

  • May 20, 2026

    Uber Signals Appeal Of NC Bellwether Loss In Assault MDL

    Uber will appeal the verdict in a second bellwether case in which a jury found one of its drivers committed a battery against a North Carolina woman who claimed he sexually assaulted her during a trip in 2019, court records show.

  • May 20, 2026

    Cannabis Co. Founders Challenge Equity Ruling In Del.

    Attorneys for two ousted co-founders of a cannabis accessories startup told the Delaware Supreme Court on Wednesday that a lower court made a legal error when it handed their clients back shares in the company that wrongfully took them, arguing that cash damages, not a return of stock, are the only recognized remedy when corporate shares are converted.

  • May 20, 2026

    Mass. Justices Say Tax Law Not Basis To Block Bog Sale

    A Massachusetts law that lowers property tax rates on agricultural land does not grant standing to abutters seeking to unwind the sale of a Cape Cod cranberry bog to a developer, the state's highest court said Wednesday.

  • May 19, 2026

    VLSI Tells Fed. Circ. To Allow Whistleblower Report After FOIA

    VLSI Technology LLC urged the Federal Circuit Tuesday to unseal at least part of an anonymous whistleblower report that allegedly shows a connection between Intel Corp. and Patent Quality Assurance LLC, now that a copy has become public though the Freedom of Information Act.

  • May 19, 2026

    Shoppers Seek Fees At 9th Circ. For Kroger, Albertsons Fight

    Counsel for grocery store consumers urged the Ninth Circuit on Tuesday to find they substantially prevailed in their proposed class action challenging Kroger's since-abandoned $24.6 billion bid for Albertsons and are entitled to attorney fees, arguing that the lower court wrongly concluded the case was mooted by other federal actions blocking the merger.

  • May 19, 2026

    9th Circ. Leans Toward FCC In Appeal Over SIM Card Beef

    The Ninth Circuit seemed to have its doubts Tuesday that the Federal Communications Commission made the wrong call in finding it had no say over a Haitian mobile carrier's decision to deactivate SIM cards that were brought into the United States and used to evade international calling rates. 

  • May 19, 2026

    7th Circ. Questions Bid To Revive Wis. Reverse Bias Suit

    A Seventh Circuit panel seemed skeptical Tuesday of four former Infosys Technologies employees' argument that a lower court should have considered their name-recognition expert's opinions before it issued a class certification denial and summary judgment ruling that tanked their reverse discrimination case.

  • May 19, 2026

    Concrete Co. Loses Challenge To Worker Wage Classification

    A concrete services company lost its challenge Tuesday to the way the Washington State Department of Labor and Industries classified its employees, with a state appeals court holding that L&I properly classified the workers as construction site surveyors who were owed higher wages.

  • May 19, 2026

    6th Circ. Rejects Mich. City Dispensary Co.'s Due Process Claim

    A cannabis investment company can't sue a city within metro Detroit for refusing to allow it to open a dispensary, the Sixth Circuit ruled, saying a local official's alleged promise to "grandfather" the company in, despite a ban on new retailers, can't supersede a city ordinance.

  • May 19, 2026

    She Has A Point: Sheppard's Michelle Replogle

    When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Premiums To Struggling Insurer Are 'Debts,' Conn. Panel Told

    PHL Variable Insurance Co. life insurance policyholders on Tuesday accused Connecticut's interim insurance commissioner of bankrolling the struggling insurer's rehabilitation by receiving millions without guaranteeing at least some payout, urging a state appeals court to reverse a trial judge's conclusion that premiums are not "debts."

  • May 19, 2026

    EU Says $40M Award Against Poland Can't Be Enforced

    The European Commission has told the D.C. Circuit that a Swedish court decision, which dismissed a $40 million arbitral award favoring a commodities trading firm, correctly set aside the award against Poland as incompatible with Swedish and European Union law.

Expert Analysis

  • 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.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    The Ninth Circuit's recent decision in Kalbers v. U.S. Department of Justice confirms that Rule 6(e) provides robust protections when documents are in the government's possession only through a grand jury subpoena, emphasizing for companies the importance of careful labeling from the outset of an investigation, say attorneys at Cooley.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    The U.S. Supreme Court’s recent decision in Berk v. Choy may appear to be a run-of-the-mill reminder that a federal procedural rule trumps its state counterpart, but it could inspire more challenges to state-created prerequisites to filing medical malpractice lawsuits, say attorneys at Decof Mega.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    Junior associates can better develop the legal, business and interpersonal skills they need for long-term success by approaching their firms’ learning and development programs armed with five tips for getting the most out of these resources, says Lauren Hakala at Reed Smith.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    The Federal Circuit's recent decision in Range of Motion v. Armaid may come to be seen as a seminal opinion for potentially exposing and entrenching the Federal Circuit's movement away from its previous framework for identifying obvious noninfringement cases, says Nicholas Nowak at Nowak IP Group.

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