Appellate

  • May 27, 2026

    11th Circ. Told YouTube Copyright Win Doesn't Merit Fees

    A Spanish film production company has urged the Eleventh Circuit to uphold a Florida federal judge's refusal to award YouTube attorney fees after the video platform prevailed in a dispute over pirated movies, arguing that the unsuccessful copyright claims raised a novel legal issue and were brought in good faith.

  • May 27, 2026

    NJ Disbars Attorney After He Lied To Prison Officials

    A criminal defense attorney who was disbarred in New York after being convicted of lying to the Bureau of Prisons in an effort to get an early release for a client and being sentenced to probation and community confinement has also been disbarred in New Jersey.

  • May 27, 2026

    Florida Panel Says ADA Doesn't Entitle Pro Se Filer To Use AI

    A Florida state appeals court on Wednesday sanctioned a pro se filer for using artificial intelligence to generate filings containing misleading arguments and false citations, banning him from making future filings with the court unless they are signed by a member of good standing with the Florida bar.

  • May 27, 2026

    Robinhood Urges 1st Circ. To Revive Mass. Regulatory Fight

    Robinhood has told the First Circuit it's time for a Massachusetts federal court to decide whether sports event contracts can be regulated by the state gambling commission, arguing "no legitimate basis exists" to wait for a state court to rule first.

  • May 27, 2026

    3rd Circ. Mulls 401(k) Plan Terms In 2 Forfeiture Fights

    The Third Circuit Wednesday seemed inclined to revive a Siemens worker's proposed class action alleging the technology company misspent 401(k) forfeitures, but appeared more skeptical of a Honeywell ex-worker's bid to revive a similar class action given differences in plan language.

  • May 27, 2026

    3 States Back Advocate's Challenge To DOJ Medical Pot Rule

    The anti-cannabis advocacy organization Smart Approaches to Marijuana will be joined by three states in its legal challenge to the U.S. Department of Justice's final rule loosening federal restrictions on medical marijuana.

  • May 27, 2026

    Trump Taps Ohio Appeals Judge For Federal Bench

    President Donald Trump announced on Wednesday he's nominating state Judge Matthew Byrne as a U.S. district judge for the Southern District of Ohio.

  • May 27, 2026

    NJ Pot Law Lets Workers Sue Over Hiring Bias, Panel Finds

    A New Jersey appeals panel has found that the state's cannabis law grants a private right of action to employees who allege they were fired or denied work solely because of a positive cannabis test, reviving a woman's suit alleging she was denied a job because of her recreational cannabis use.

  • May 26, 2026

    9th Circ. Won't Revive Wash. City Workers' Vax Mandate Suit

    A Ninth Circuit panel Tuesday put an end to city workers' lawsuit challenging Bellingham, Washington's COVID-19 vaccine mandate, ruling that a lower court appropriately dismissed the action and barred the workers from amending their claims.

  • May 26, 2026

    Seattle Hospital Loses Appeal Of Dr.'s $21M Race Bias Verdict

    A Washington Court of Appeals panel Tuesday upheld a $21 million verdict against Seattle Children's Hospital in a Black ex-medical director's lawsuit claiming he faced racism in the workplace and retaliation for complaining about systemic inequities, ruling "substantial evidence" justified the jury's findings and damages award.

  • May 26, 2026

    Feds, Unified Patents, AT&T Push Back On High Court Bids

    The U.S. Supreme Court received objections to three patent petitions on Tuesday, with Unified Patents fighting Dolby's appeal of its own Patent Trial and Appeal Board win; AT&T and Nokia protesting an attempt to revive a $181 million trial loss; and the U.S. Patent and Trademark Office opposing inventor Gilbert Hyatt's challenge to prosecution laches.

  • May 26, 2026

    BofA Borrowers Urge High Court To Revisit NY Escrow Suit

    New York borrowers have urged the U.S. Supreme Court to again revive their claims for millions in mortgage escrow interest from Bank of America, arguing the Second Circuit's recent decision to free the bank for a second time still gets federal banking preemption wrong.

  • May 26, 2026

    Investors, Schwab Defend Antitrust Settlement At 5th Circ.

    Charles Schwab and its investors have urged the Fifth Circuit to affirm a final deal they reached in Texas federal court to conclude an antitrust suit over its merger with TD Ameritrade, arguing among other things that Iowa's attorney general lacks standing to appeal the class settlement.

  • May 26, 2026

    Colo. Justices Say Debt Buyer Must Show It Owns The Debt

    A debt buyer seeking to collect a debt must attach to its complaint a writing that shows the debt buyer owns the debt, the Colorado Supreme Court said Tuesday in ruling for a consumer who incurred a $671.29 credit card debt.

  • May 26, 2026

    Air Force Urges Justices To Unravel Guam Munitions Ruling

    The U.S. Air Force has told the U.S. Supreme Court that the Ninth Circuit erred in holding that the military branch was required to comply with the National Environmental Policy Act before seeking to renew a permit to dispose of hazardous waste at Tarague Beach on Guam. 

  • May 26, 2026

    Ohio Panel Says Immigration Oversight Sinks Plea Deal

    An Ohio state appeals court on Tuesday ruled that an Uzbekistan national should be given a second shot at withdrawing his plea agreement after he claims his attorney did not properly explain the potential immigration consequences of his no-contest plea.

  • May 26, 2026

    Conn. Justices OK In-Court ID After Tainted Police Photo Array

    The Connecticut Supreme Court on Tuesday affirmed a man's murder and firearms convictions, ruling a trial judge properly allowed an eyewitness to point to the defendant in court after suppressing the same witness's earlier out-of-court identification as the product of "unnecessarily suggestive and unreliable" police questioning during a photo array.

  • May 26, 2026

    NJ Justices Revive Restaurant Franchise Fraud Conviction

    The New Jersey Supreme Court on Tuesday unanimously reinstated a businessman's theft-by-deception conviction on Tuesday, ruling that exculpatory documents purportedly discovered after trial could have been found earlier through reasonable diligence and warning that some of the submissions may be fraudulent.

  • May 26, 2026

    4th Circ. Shuts Down Suit Against PE Firm Over Plant Closure

    The Fourth Circuit refused Tuesday to reopen a proposed class action claiming a private equity firm violated federal laws by abruptly shutting down a manufacturing plant, ruling decades-old U.S. Supreme Court precedent barred the former workers from suing simply to collect on a judgment against the manufacturer.

  • May 26, 2026

    3rd Circ. Stay Blocks Khalil's Removal For High Court Appeal

    The Third Circuit on Tuesday granted former Columbia student Mahmoud Khalil's request to stay a split panel decision in his immigration case, blocking his detention and removal while he seeks to have the ruling reviewed by the U.S. Supreme Court.

  • May 26, 2026

    Amazon Shopper's Late Delivery Suit Flops At 9th Circ.

    A Ninth Circuit panel refused on Tuesday to reinstate a proposed class action accusing Amazon of failing to live up to scheduled delivery promises, echoing a lower court's conclusion that the e-commerce giant's terms and conditions don't entitle customers to automatic shipping fee refunds for late arrivals.  

  • May 26, 2026

    3rd Circ. Disapproves Of Judge's Quips In Fatal Crash Case

    The Third Circuit on Tuesday scolded a Pennsylvania federal judge for his "inappropriate attempted witticisms" while presiding over a lawsuit in which a parent blamed transportation companies for the deaths of his two children in a highway collision, saying the judge's "ill-conceived attempts at levity" in a fatal injury case could be misinterpreted by the public.

  • May 26, 2026

    Schools Fight New Lead Counsel, Cert. In Aid-Fixing Suit

    Five private universities that have yet to settle with students over the alleged fixing of financial aid offerings argued Tuesday that an Illinois federal judge should deny them class certification rather than allow them to tap different lead counsel after misrepresentations regarding one firm's purportedly contingent casework have come to light.

  • May 26, 2026

    8th Circ. Finds GE Exempt For Liability In $230M Fund Fight

    General Electric Co. does not owe $230 million in pension obligations to construction employees covered by a boilermaker-blacksmith fund, the Eighth Circuit affirmed Tuesday, finding in a published opinion that GE qualified for a withdrawal liability exemption since "substantially all" of the employees worked in the building and construction industry.

  • May 26, 2026

    6th Circ. Keeps Detroit Cops In Wrongful Conviction Suit

    A Sixth Circuit panel refused to shield two former Detroit police officers from key claims brought by two men who spent nearly 20 years in prison before their murder convictions were vacated, finding parts of the officers' appeal either lacked jurisdiction or failed on the merits.

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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