Appellate

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    Payroll Vendor Not Care Workers' Employer, 3rd Circ. Says

    A payroll services vendor for Pennsylvania's Medicaid-funded home care program cannot be held jointly liable for unpaid overtime because it did not exercise significant control over caregivers, the Third Circuit ruled Tuesday, affirming the company's bench trial win.

  • May 19, 2026

    11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

    An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further litigation, even if the first dismissal was by mutual agreement.

  • May 19, 2026

    TikTok Says 'Market Exploitation' Doesn't Give NC Jurisdiction

    TikTok is pushing the North Carolina Supreme Court to throw out claims by the state's attorney general alleging it deceptively marketed its platform as safe for minors, saying the "market exploitation" theory would in effect allow any business that operates on the internet to be hauled into any state court.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

  • May 19, 2026

    NJ Plans To Take 3rd Circ. Kalshi Loss To US Supreme Court

    New Jersey plans to seek U.S. Supreme Court review of a recent Third Circuit decision that upheld an injunction on the state's attempt to ban sports prediction markets, according to a joint status report filed by the state and KalshiEx LLC in New Jersey federal court. 

  • May 19, 2026

    DC Circ. Says Solar Cos. Lack Standing Over Grid Upgrade Bill

    The D.C. Circuit on Tuesday tossed solar development companies' claims that a regional transmission organization's flawed methodology led to an assignment of $311 million in grid upgrade costs to facilitate their grid connection requests, finding the developers lack standing.

  • May 19, 2026

    Pa. Panel Won't Undo Arbitration In Airbnb Death Case

    The Pennsylvania Superior Court on Tuesday rejected an appeal by the estate of a man who died while staying at an Airbnb property, saying a recent state high court ruling bars it from reviewing a trial court's decision to send the case to arbitration.

  • May 19, 2026

    Mich. Panel Says Gauze, Gloves Not Tax-Exempt Prosthetics

    A Michigan appellate court panel has affirmed a tax ruling against a medical equipment company, holding that prescription gauze, bandages, gloves, wound dressings and related supplies sold to disabled patients do not qualify as tax-exempt prosthetic devices under the state's General Sales Tax Act. 

  • May 19, 2026

    Ohio Panel Says Incompetence Doesn't Affect State Of Mind

    An Ohio appeals court has ruled that sufficient evidence exists that a man had the state of mind necessary to commit burglary and kidnapping offenses despite later being declared mentally incompetent to stand trial and confined in a mental hospital.

  • May 19, 2026

    Ala. Power Co. Must Face Coal Ash Claims, 11th Circ. Says

    The Eleventh Circuit has revived a suit alleging Alabama Power Co.'s plan to cap a 21-million-ton coal ash dump violates federal regulations, ruling that the environmental group suing the company clearly had standing and that its suit "should not have been dismissed."

  • May 19, 2026

    DC Urges Panel To Uphold National Guard Injunction

    The District of Columbia said neither federal law nor the D.C. Code authorizes the president's deployment of the D.C. National Guard for law-enforcement activities in the district, urging the D.C. Circuit to uphold an injunction barring the deployment.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Non-Clients Say Katten Attys' 'Double-Cross' Bars Immunity

    Two onetime Katten Muchin Rosenman LLP attorneys accused of violating a joint defense agreement in a federal criminal healthcare fraud investigation should not be able to avail themselves of a Texas attorney immunity doctrine, according to two co-defendants who allege they were offered as "sacrificial lambs" in a "double-cross that would make good fiction."

  • May 19, 2026

    Colo. Justices Say Deceit Law Covers Indirect Actions

    A man's conviction for attempting to influence a public servant was upheld by the Colorado Supreme Court, which ruled that a state law covers defendants who use another person to pass along false information to a public official.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Feds Say High Court Should Skip Religious Bias Vax Fight

    The U.S. solicitor general urged the U.S. Supreme Court not to wade into a religious bias case challenging New York's COVID-19 vaccine mandate for healthcare workers, arguing that a Second Circuit decision backing the case's dismissal did not undermine federal civil rights law.

  • May 19, 2026

    Pa. Justices Debate State's Immunity In Roadway Death Suit

    Pennsylvania Supreme Court justices seemed torn Tuesday between the idea that the state's Department of Transportation doesn't "own" everything above and below its roadways and the concept that the agency could duck liability for obvious risks like falling branches or crumbling bridges.

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

  • May 19, 2026

    Ex-Marketing Workers Take 401(k) Forfeiture Suit To 2nd Circ.

    Two former marketing company employees said they're going to ask the Second Circuit to revive their proposed class action alleging that 401(k) plan forfeitures were misused after a New York federal judge dismissed their case in April.

Expert Analysis

  • 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.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

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