Appellate

  • April 07, 2026

    $58M Verdict Against Givaudan Upheld In Toxic Exposure Suit

    A Missouri appeals court on Tuesday refused to throw out a $58 million judgment against Givaudan Flavors Corp. in a suit from a worker who alleged that exposure to its chemicals gave him an incurable lung disease, rejecting the company's argument that his experts were wrongly allowed to testify.

  • April 07, 2026

    Law Profs Back Boeing In 7th Circ. Bid To Void 737 Max Class

    Law professors have told the Seventh Circuit that an Illinois district court improperly certified a class of investors alleging Boeing misrepresented the 737 Max 8 jets' safety after two deadly crashes in 2018 and 2019, saying there's been a "troubling" pattern of courts blessing classwide damages theories backed by zero evidence.

  • April 07, 2026

    Texas Panel Keeps Ex-GC's Suit Over Unpaid Bonuses Alive

    A Texas appeals court on Tuesday kept in play a suit by a dairy equipment manufacturer's former general counsel over unpaid bonuses, holding that updated anti-SLAPP rules applied to newly added claims in the suit and that the company failed to meet procedural requirements in trying to dismiss them.

  • April 07, 2026

    3rd Circ. Rules No Infringement In Posting Of Building Codes

    In a precedential opinion Tuesday, the Third Circuit ruled that a company's posting of the American Society for Testing and Materials' copyrighted technical standards online was a fair use of the information that did not infringe ASTM's copyright.

  • April 07, 2026

    4th Circ Says Supervised Release Rules Can Ban Porn Use

    The Fourth Circuit has ruled that a special probation requirement banning legal adult pornographic material does not violate the rights of a convicted child sexual abuse material user who has broken multiple previous release conditions.

  • April 07, 2026

    2nd Circ. Backs Cheese Producer In Whey Contract Battle

    A nutritional supplement maker forfeited an argument that its whey supplier was required to engage in ongoing sale negotiations by failing to raise it in the lower court, the Second Circuit ruled in upholding a summary judgment win for the world's largest producer of mozzarella cheese.

  • April 07, 2026

    Fed. Circ. Tosses PTAB Amendment Appeal Over Standing

    The Federal Circuit won't reconsider the Patent Trial and Appeal Board's decision to amend a Digital Turbine Inc. mobile device installation patent, saying Tuesday that challenger ironSource Ltd. doesn't have standing to appeal.

  • April 07, 2026

    Ga. Panel Vacates $662K Interest On $2M Arbitration Award

    A Georgia Court of Appeals panel on Tuesday vacated about $662,000 in interest that was tacked onto an arbitration award in a trade secrets dispute between two medical device companies, ruling that while the assessment of interest was justified, a trial court had miscalculated the total.

  • April 07, 2026

    Fed. Circ. Affirms Samsung PTAB Wins On Display Patents

    The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that invalidated patents asserted against Samsung covering cooling systems for electronic displays.

  • April 07, 2026

    Mexico Can't Dodge $47M Arbitral Award, DC Circ. Says

    The D.C. Circuit on Tuesday refused to vacate a $47 million arbitral award issued to a Canadian lender following a fraudulent loan scheme, rejecting Mexico's argument that the tribunal misinterpreted part of the North American Free Trade Agreement.

  • April 07, 2026

    2nd Circ. Says Unlicensed Bitcoin-Cash Swaps Can Be Crime

    Exchanging bitcoin for U.S. currency can qualify as transferring funds under the criminal statute against operating an unlicensed money-transmitting business, the Second Circuit held Tuesday in an opinion backing the conviction of a man found guilty of laundering Bitcoin that he was told came from drug sales.

  • April 07, 2026

    States, DC Back NY AG James In DOJ Probe Appeal

    Backed by amici including the attorneys general of 20 states and the District of Columbia, New York Attorney General Leticia James is fighting the U.S. Department of Justice's bid to reopen an investigation into her office launched by a federal prosecutor found to have been serving unlawfully.

  • April 07, 2026

    DC Circ. Skeptical Ex-Steward CEO Could Skip Sen. Appearance

    A D.C. Circuit judge told the attorney for the embattled former CEO of Steward Health Care on Tuesday that she couldn't comprehend how his client could invoke his Fifth Amendment rights without showing up to his scheduled appearance before a Senate committee.

  • April 07, 2026

    Labor Firm's Advice Isn't Malicious Prosecution, Court Told

    The Comegno Law Group has urged a New Jersey state court to grant its bid for summary judgment in a discrimination and malicious prosecution suit brought by a former school district administrator, arguing that the undisputed record shows it only acted as counsel to its client.

  • April 07, 2026

    Conn. Justices Uphold Reprimand For Atty's 'Diatribe'

    A divided Connecticut Supreme Court on Tuesday refused to toss out a reprimand imposed on an attorney accused of making disparaging statements about judges amid a long-running fee dispute, finding that John W. Mills failed to show he had "an objective, reasonable belief" that his written comments were true.

  • April 07, 2026

    Fed. Circ. Backs PTAB Decision On Intuit Patent Challenge

    The Federal Circuit on Tuesday backed a decision by the Patent Trial and Appeal Board that software company Intuit had not shown that any of the patent claims it challenged in a patent that covers synchronized internet browsing were invalid.

  • April 07, 2026

    Colo. Justices Say Disputed Costs OK In Public Works Claim

    Disputed or unliquidated costs, including delay and disruption damages, can be included in claims under Colorado's Public Works Act, the state's highest court has ruled, reviving a subcontractor's bid to recover a roughly $13 million claim tied to a Denver-area rail project.

  • April 07, 2026

    DOJ Backs Wrong View Of Accounting Error, 11th Circ. Told

    A hedge fund manager challenging the denial of a $1.9 million tax refund related to his private jet told the Eleventh Circuit that the federal government is wrongly parroting a lower court's unreasonable approach to the accounting error underlying the dispute.

  • April 07, 2026

    Vape Cos. Tell NC Justices To Keep 'Sealed Container' Win

    A vape distributor and seller are urging the North Carolina Supreme Court not to disturb an appeals court ruling in their favor in a suit over an exploding battery, saying the appeals court rightly applied the "sealed container" defense.

  • April 06, 2026

    Wash. Activist Seeks To Force Vote On 'Millionaire Tax'

    A conservative activist urged Washington's highest court to allow voters to weigh in on a newly enacted state income tax on earnings above $1 million, seeking to challenge the secretary of state's position that the new tax isn't eligible to be overturned through a citizen referendum.

  • April 06, 2026

    Ill. AG Urges 7th Circ. To Uphold Landmark Swipe-Fee Law

    Illinois Attorney General Kwame Raoul has urged the Seventh Circuit to rule that his state may fully enforce its Interchange Fee Prohibition Act against national banks and other financial institutions, defending its ban on tax-and-tip swipe fees amid a banking industry appeal.

  • April 06, 2026

    3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud

    A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.

  • April 06, 2026

    Fed. Circ. Questions Army Corps' Contract Award About-Face

    A Federal Circuit judge appeared skeptical on Monday over the U.S. Army Corps of Engineers' about-face on the technical acceptability of a construction company's contract proposal, pressing a government attorney to explain how a once-acceptable proposal now has multiple deficiencies.

  • April 06, 2026

    Feds Seek To Enforce Trans Healthcare Orders During Appeal

    The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.

  • April 06, 2026

    Citi Tells 2nd Circ. EFTA Exempts Wire Transfers 'End-To-End'

    A Second Circuit panel Monday seemed responsive to Citibank's arguments that consumer-initiated electronic wire transfers are carved out from the Electronic Funds Transfer Act under a longstanding exemption in the statute, in a suit from the New York attorney general over the bank's response to online wire transfer fraud incidents.

Expert Analysis

  • Series

    NY Banking Brief: All The Notable Legal Updates In Q1

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    In the first quarter of 2026, New York's banking developments were headlined by initiatives to expand oversight of financial institutions and strengthen consumer protection laws, including a new framework for buy now, pay later lenders, a sweeping debt collection rule and a revised corporate self-disclosure program for financial crimes, say attorneys at Proskauer.

  • Seeking A Policy Fix As Merger Reporting Fight Continues

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    A recently announced request by the Federal Trade Commission and U.S. Department of Justice for public comment on the Hart-Scott-Rodino premerger reporting requirements, as litigation challenging the commission's updated requirements continues, suggests the government's willingness to address how best to support modern merger enforcement without unduly burdening filing parties, say attorneys at Baker Botts.

  • Opinion

    Wash. Amazon Ruling Should Reshape Suicide Liability

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    The Washington Supreme Court's reinstatement of negligence claims in Scott v. Amazon.com, brought by the families of people who died by suicide after purchasing chemicals online, signals a reckoning for digital commerce and the rejection of the defense that online marketplaces are merely passive technology platforms, says Donald Fountain at Clark Fountain.

  • Axed Trade Secret Award Cautions Against Bundling Damages

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    The Fifth Circuit's recent ruling in Trinseo v. Harper, vacating a $75 million jury verdict for trade secret misappropriation due to a bundled damages model, offers a strong reminder to apportion damages so a jury can award a nonspeculative figure when it credits only some alleged secrets, say attorneys at Seyfarth.

  • 2 Rulings Poke Holes In Mandatory Restitution Framework

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    The U.S. Supreme Court’s recent ruling in Ellingburg v. U.S., as well as the Third Circuit’s recent ruling in U.S. v. Abrams, provide criminal defense practitioners with new tools to challenge Mandatory Victims Restitution Act orders, and highlight several restitution-related issues that converged in the recent prosecution of former Frank CEO Charlie Javice, say attorneys at Lankler Siffert & Wohl.

  • Pivotal 6th Circ. Ruling Threatens Decades Of NLRB Decisions

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    The Sixth Circuit's recent decision in Brown-Forman v. National Labor Relations Board fundamentally challenged the NLRB's long-standing practice of establishing policies through adjudication rather than formal rulemaking, giving employers and unions a new avenue to procedurally attack the vast majority of its rules, say attorneys at Faegre Drinker.

  • 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.

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