Appellate

  • May 05, 2026

    9th Circ. Upholds Chip Injunction In Google Contract Case

    The Ninth Circuit refused to lift an injunction against Point Financial Inc. barring it from interfering with Google's license to manufacture certain computer chips while a case plays out over Google's contract with a chipmaker that went out of business.

  • May 05, 2026

    4th Circ. Judge 'Uneasy' With Anheuser-Busch OT Class

    A Fourth Circuit panel seemed unlikely to leave untouched a certified class of Anheuser-Busch LLC workers alleging the brewing giant failed to pay for pre- and post-shift work, taking issue with disparities in the class such as members hired before and after COVID personal protective equipment requirements.

  • May 05, 2026

    3rd Circ. Backs Arbitration For Pilot's Military Bias Case

    The Third Circuit on Tuesday held that a pilot who sued Piedmont Airlines Inc. for allegedly discriminating against him by refusing him a $70,000 bonus because he was away on military duty must arbitrate his claims because it involves an interpretation of his union's collective bargaining agreement.

  • May 05, 2026

    11th Circ. Won't Revive Ex-Ga. Teacher's Disability Bias Suit

    The Eleventh Circuit refused to reopen a teacher's lawsuit claiming a Georgia school district fired her rather than let her work remotely during the pandemic because of a previous cancer diagnosis, ruling she waited too long to lodge a presuit charge with the U.S. Equal Employment Opportunity Commission.

  • May 05, 2026

    Wis. Village Urges 7th Circ. To Void Oneida Tribal Trust Order

    A Wisconsin village is asking the Seventh Circuit to undo a U.S. Department of the Interior decision to place 500 acres of properties into trust for the Oneida Nation, arguing that a district court ignored evidence of bias and shielded the transactional record from meaningful scrutiny.

  • May 05, 2026

    Alcoa, Retirees Reach Deal In 7th Circ. Life Insurance Fight

    Alcoa USA Corp. and a class of retirees told the Seventh Circuit on Tuesday they had reached a tentative settlement in a long-running dispute over union retiree life insurance benefits, asking the court to cancel a scheduled May 20 oral argument while they finalize the deal.

  • May 05, 2026

    Fed. Circ. Sides With Google In Mobile Device Patent Suit

    The Federal Circuit Tuesday backed a California federal judge's decision to throw out a lawsuit accusing Google of infringing a patent covering a way to pause phone notifications, agreeing the patent was invalid in the first place.

  • May 05, 2026

    Approach The Bench: Justice Bacon On School Accreditation

    State high courts are responsible for regulating the legal profession in their jurisdictions, and so New Mexico Supreme Court Justice C. Shannon Bacon thinks it's only right that justices reevaluate the principles behind law school accreditation.

  • May 05, 2026

    High Court Clarity On Subpoenas Creates Murky Path For AGs

    The U.S. Supreme Court's unanimous decision that the New Jersey Attorney General's Office infringed free speech by asking an anti-abortion nonprofit to release donor names gives nonprofits and companies more leverage for challenging subpoenas at the outset, although the question remains if and how attorneys general and other enforcers can ultimately obtain sought-after information following a constitutional affront.

  • May 05, 2026

    BIA Says Mexican National Failed To Show Future Torture Risk

    The Board of Immigration Appeals reversed an immigration judge's ruling protecting a Mexican national from removal, finding that while he said he was kidnapped and his homes were previously shot at, he failed to show a likelihood of future torture.

  • May 05, 2026

    10th Circ. Backs Dismissal Of Student's Mask Mandate Suit

    The Tenth Circuit rejected a Wyoming high school student's constitutional challenge to a school COVID-19 mask mandate, finding that she and her parents failed to plausibly allege the policy compelled speech, triggered unlawful retaliation or violated due process.

  • May 04, 2026

    Apple Asks High Court To Pause Epic Games App Store Order

    Apple on Monday asked the U.S. Supreme Court to stay a mandate directing a lower court to move forward with determining exactly what Apple can charge developers on in-app purchases, arguing there are important questions that need to be resolved by the justices first.

  • May 04, 2026

    2nd Circ. Raises Concern Over Challenge To NY US Atty's DQ

    A Second Circuit panel on Monday voiced concern over the U.S. Department of Justice's argument that a now-former acting U.S. Attorney for the Northern District of New York was serving lawfully when he subpoenaed the New York Attorney General's office over a pair of cases disfavored by President Donald Trump.

  • 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.

Expert Analysis

  • What A Court Doc Audit Reveals About Erroneous Filings

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    My audit of 1,522 court documents from last month found that over 95% contained at least one verifiable error, with fewer than 1% showing clear indicators of artificial intelligence use — highlighting above all else that lawyers may want to focus most on strengthening their review processes, says Elliott Ash at ETH Zurich.

  • 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.

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