Appellate

  • April 09, 2026

    US Again Urges High Court To Back Drug Price Program

    The administration of President Donald Trump again urged the Supreme Court not to hear a challenge to the Medicare drug price negotiation program, arguing against a constitutional challenge brought by Boehringer Ingelheim that drug companies aren't forced to accept lower prices because they can choose not to participate. 

  • April 09, 2026

    5th Circ. Revives Reinsurance Broker Row Over Credit Mishap

    The Fifth Circuit revived a suit by an insurer's owner alleging that its broker failed to administer its reinsurance program properly, leading to over $100 million in losses when it discovered the program lacked a valid line of credit.

  • April 08, 2026

    3rd Circ. Asked To Undo Atty Fees For ICE Cooperation Suit

    A former Bucks County, Pennsylvania, sheriff asked the Third Circuit on Wednesday to undo a $35,000 attorney fee award granted to groups that remanded their case over his cooperation with U.S. Immigration and Customs Enforcement, arguing the case belonged in district court because he'd effectively become a federal officer.

  • April 08, 2026

    Fla. Panel Told New Proposals Don't Protect Natural Springs

    A nonprofit urged a Florida state appellate panel Wednesday to overturn an administrative judge's decision siding with an agency's proposed rules for protecting natural springs, arguing the permitting measures are essentially the same as existing ones and do nothing to prevent overconsumption. 

  • April 08, 2026

    DC Circ. Allows DOD To Ax Anthropic Contracts Amid Review

    The D.C. Circuit Wednesday shot down Anthropic's request for an emergency order temporarily barring the U.S. Department of Defense from designating the artificial intelligence company as a national security risk while Anthropic's appeal plays out, although it agreed to expedite the appeal.

  • April 08, 2026

    Fed. Circ. Questions Specificity Needed In Oxy IP Invalidation

    A Federal Circuit panel expressed frustration with attorneys from both Purdue Pharma LP and generic-drug maker Accord Healthcare Inc. Wednesday as it tried to navigate whether the Delaware district court order invalidating Purdue's abuse-deterrence patent was explicit enough.

  • April 08, 2026

    NY Panel Skeptical Of TikTok Bid To Ax AG's Addiction Suit

    A five-judge appellate panel Wednesday voiced doubts about TikTok's bid to dismiss the New York attorney general's claims that the social media platform is an addictive product that targets and harms children, pushing back on the company's free speech defense.

  • April 08, 2026

    NJ Bank Can't Get Conversion Plan Revived On Appeal

    A New Jersey appellate court panel on Wednesday affirmed a ruling that the board of a savings-and-loan bank improperly adopted a plan to convert into a mutual savings bank to block an activist investor from gaining board seats.

  • April 08, 2026

    Juror Nondisclosure Can't Trigger Crash Retrial, Panel Says

    A car crash plaintiff who sought $1 million in damages but was awarded only $20,000 can't get a new trial because of juror misconduct, a Florida state appeals court ruled Wednesday, saying a juror's lengthy legal history could have been easily uncovered online.

  • April 08, 2026

    7th Circ. Questions Internet Scammer's Phone Search Appeal

    A Seventh Circuit judge seemed skeptical Wednesday of a Chicago area fraudster's argument that federal border protection agents needed a warrant before searching his cell phones for evidence of romance, mystery shopper and other scams that he received a nine-year prison sentence for leading.

  • April 08, 2026

    Trump Asks NY's Top Court To Toss AG's 'Flawed' Fraud Case

    President Donald Trump on Wednesday asked New York's highest court to throw out New York Attorney General Letitia James' "deeply flawed" civil fraud judgment entirely after a lower appellate court tossed what it called an "excessive" $489 million penalty against the president, his sons and his real estate companies.

  • April 08, 2026

    Mich. Panel Sides With Disabled Man In City Council Dispute

    A disabled Michigan man can submit his comments to the Inkster City Council via email and have them read into the official record, a Michigan court affirmed Wednesday.

  • April 08, 2026

    NY Panel Backs DLA Piper's $482K Fee Win In Malpractice Suit

    A New York appellate court affirmed Tuesday the dismissal of a Chinese software company's legal malpractice suit against DLA Piper, along with a $482,000 sanctions order against the company and its counsel, noting that the company's frivolous claims also drew a $635,000 sanctions ruling in "mirror" federal court litigation.

  • April 08, 2026

    Full 1st Circ. Hesitant To Undo Cop's Suspension For FB Post

    The full First Circuit seemed unmoved Wednesday by a police officer's argument that his free speech rights were trampled when he was suspended for making a private Facebook post critical of George Floyd.

  • April 08, 2026

    Fed. Circ. Zeroes In On Ecobee Jury Instruction Beef

    Judges on the Federal Circuit suggested that a lower court's jury form and instructions could undo at least some of an $11.5 million award against ecobee Technologies in a smart thermostat infringement row with Ollnova Technologies, particularly in light of the Federal Circuit's 2025 decision in a fight between Optis and Apple.

  • April 08, 2026

    Mich. Justices Told Youth Murder Sentence Cruel And Unusual

    An attorney for a man sentenced to 50 to 75 years in prison for second-degree murder told the Michigan Supreme Court on Wednesday that the "de facto life sentence" was cruel and unusual because someone convicted of the more serious crime of first-degree murder would be eligible for parole decades earlier.

  • April 08, 2026

    4th Circ. Revives Widow's Sewage Cleanup Clash With NC City

    A split Fourth Circuit panel Wednesday revived a widow's suit alleging she was coerced into giving up her claims against the city of Charlotte, North Carolina, after her home was flooded with raw sewage, finding she had enough evidence to take the case to trial.

  • April 08, 2026

    Judge Says 9th Circ. OK'd 'Annihilation' Of Sacred Lands

    The Ninth Circuit on Wednesday issued an amended opinion in its ruling to allow a 2,500-acre land exchange within Arizona's Tonto National Forest, which includes a partial dissent from U.S. Circuit Judge Johnnie B. Rawlinson, who said the decision will "completely annihilate sacred Native lands."

  • April 08, 2026

    Mass. Justices Divided Over $325M Pro Soccer Stadium Project

    Justices on Massachusetts' highest court on Wednesday appeared split on whether a $325 million professional women's soccer stadium currently being built on part of Boston's historic Franklin Park is subject to a requirement for legislative approval of plans to convert parks to a new use.

  • April 08, 2026

    Fiat Chrysler Loses 'Absurd' Arb. Bid In Defect Suit At 9th Circ.

    A Ninth Circuit panel has rejected Fiat Chrysler's request to send a certified class action over allegedly defective Jeep and Dodge headrests to arbitration, finding that FCA's theory would lead to "absurd" results in which third parties with "no connection whatsoever to the underlying arbitration agreement" could force arbitration.

  • April 08, 2026

    Fla. Panel Says Pump Station Contract Recitals Aren't Binding

    A Florida state appeals court issued a split opinion Wednesday upholding a lower court decision favoring a commercial developer in a dispute over the construction of a pump station, ruling a city can't rely on the introductory language of a contract to avoid paying cost reimbursements.

  • April 08, 2026

    Mich. Appeals Panel Hears Challenge To School Aid Waiver

    A Michigan appellate panel heard arguments Wednesday over whether a school safety funding provision unlawfully forces districts to waive legal privileges in the event of a mass casualty investigation, with school districts saying the law is unconstitutionally vague and the state countering that it applies only to entities, not individuals. 

  • April 08, 2026

    NC High Court Asked to Review Castle Doctrine Killing Case

    A North Carolina man who was convicted of voluntary manslaughter following a dispute with a friend on his property has asked the state's highest court to review his case, claiming that recently decided precedent about how to instruct juries in castle doctrine cases would have changed the outcome of his trial.

  • April 08, 2026

    TD Bank Beats Whistleblower's Appeal For Shielded Info

    A New Jersey state appeals court on Wednesday backed a lower court's holding that TD Bank does not have to produce information it's seeking to shield from a whistleblower, finding that the disclosure of the information would have violated federal law.

  • April 08, 2026

    ERISA Recap: 6 Noteworthy Decisions From March

    JPMorgan Chase & Co. narrowed but couldn't escape a suit from workers who said their health plan paid too much for prescription drugs, Genworth Financial Inc. unwound a class at the Fourth Circuit, and the Sixth Circuit breathed new life into proposed class actions against FedEx and Kellogg. Here, Law360 looks at these and three other notable decisions from March in ERISA cases.

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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