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Appellate
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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.
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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.
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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.
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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.
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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.
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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.
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April 06, 2026
9th Circ. Panel Finds Insurer Owed Defense To Wash. Provider
An Allied World unit unreasonably declined to defend a Washington behavioral health network in a lawsuit alleging sexual misconduct by an employee, a Ninth Circuit panel held Monday, partially reversing a summary judgment win for the insurer.
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April 06, 2026
Biz Groups Urge 4th Circ. To End Allergan Overcharge Suit
Major pharmaceutical and business associations urged the Fourth Circuit to reconsider a panel decision that revived a whistleblower lawsuit accusing an Allergan Sales LLC predecessor of overcharging Medicaid, warning it threatens to become a road map for False Claims Act abuses.
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April 06, 2026
Trump Orders Could Chill US Arbitration, Group Warns
The College of Commercial Arbitrators has urged the D.C. Circuit to reject the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders yanking the security clearances of four BigLaw firms, arguing a contrary ruling would "imperil" arbitration in the U.S.
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April 06, 2026
ITC Keeps Stiiizy Vape Import Ban In Place Pending Appeal
The U.S. International Trade Commission won't pause the import and sales bans imposed on cannabis vape company Stiiizy while the company pursues an appeal of the agency's patent infringement ruling in its dispute with rival Pax Labs.
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April 06, 2026
RealPage Flags Justices' Therapy Ruling In NY Law Challenge
RealPage Inc. alerted a New York federal court to the U.S. Supreme Court's recent ruling against Colorado's conversion therapy ban, saying the decision clarifies which standard should be applied in its First Amendment challenge to a state ban on certain rental software.
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April 06, 2026
Bausch, MSN Laboratories Settle Patent Battle Over IBS Drug
Bausch Health and MSN Laboratories have ended their New Jersey patent fight over the irritable bowel medication Trulance after reaching a confidential settlement, filing a stipulation of dismissal that lets MSN keep its patent challenge and lifts the 30‑month stay blocking FDA approval of its proposed generic drug.
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April 06, 2026
8th Circ. Rejects Seed Price-Fix Claims Against Bayer, Others
An Eighth Circuit panel refused Monday to revive antitrust claims accusing Bayer, Cargill, BASF and other seed and crop input giants of boycotting e-commerce platforms to hide price-fixing, agreeing with the district court that the farmer plaintiffs failed to specify what any particular defendant did.
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April 06, 2026
Guo Trustee Can Keep Yacht And $37M, 2nd Circ. Finds
A Second Circuit panel on Monday affirmed bankruptcy and district court decisions awarding a yacht and a $37 million escrow account to the Chapter 11 estate of Chinese exile Miles Guo, rejecting an appeal from Guo's daughter.
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April 06, 2026
Colo. Justices OK Copied Claims If Lawyers Check Facts
The Colorado Supreme Court ruled Monday that copying allegations from other litigation isn't alone a violation of the Colorado Rules of Civil Procedure, so long as attorneys conduct a "sufficient investigation" into the allegations prior to filing a complaint.
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April 06, 2026
1st Circ. Suggests It May Resurrect AdTech Wiretap Case
A panel of the First Circuit appeared receptive Monday to reinstating federal wiretap claims leveled against a Massachusetts healthcare system over its use of online tracking tools, despite arguments that such a ruling could cripple the industry amid an influx of similar cases nationwide.
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April 06, 2026
Full Fed. Circ. Urged To Course Correct On Design Patent Test
The full Federal Circuit needs to return design patent infringement to a similarities-focused test, rather than one looking at differences between designs, massage device-maker Range of Motion Products LLC said in a bid to revive its suit against Armaid Co.
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April 06, 2026
Justices Urged To Curb Post-Mallory Forum Shopping
Rail industry and legal advocates contend the U.S. Supreme Court's 2023 Mallory ruling unleashed a wave of forum-shopping by plaintiffs lawyers using states' business-registration laws to sue out-of-state companies, and the justices must intervene and stop litigants from unconstitutionally interfering with interstate commerce.
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April 06, 2026
Atty Convicted Of Staging Truck Crashes Seeks New Trial
A disbarred New Orleans attorney has asked a federal judge in Louisiana for a new insurance fraud trial, arguing a suite of issues from her federal trial last month caused her to receive what she described in a filing as a "miscarriage of justice."
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April 06, 2026
Mich. Justices Agree To Hear Inmate's Self-Defense Argument
An inmate convicted of assaulting a prison guard could get a chance for a new trial, as the Michigan Supreme Court has agreed to hear arguments in the case alleging a lower court discounted evidence that shows the guard threatened the inmate prior to the attack.
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April 06, 2026
Apple Gets App Store Ruling Paused For High Court Appeal
The Ninth Circuit granted Apple's request Monday to pause a panel decision in Epic Games Inc.'s favor while it petitions the U.S. Supreme Court to review the ruling, which largely affirmed an injunction barring Apple from charging developers "prohibitive" commissions on certain iPhone app purchases made outside its payment systems.
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April 06, 2026
8th Circ. Won't Revive Salvadoran Woman's Asylum Case
An Eighth Circuit panel said the Board of Immigration Appeals reasonably rejected an El Salvador woman's claim that an immigration judge showed bias and unfairly denied her asylum bid, because she failed to support the assertion.
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April 06, 2026
Mich. Justices To Weigh Beach Profit Immunity Dispute
The Michigan Supreme Court has ordered oral argument on whether the city of South Haven is shielded by governmental immunity in a wrongful death lawsuit stemming from a Lake Michigan drowning, putting before the justices a dispute over when municipal activity may expose a city to tort liability for injuries on public property.
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April 06, 2026
Mass. Justices Hint Insurer Owes Defense In Doc's Discipline
An allegation that a Massachusetts doctor prescribed addictive medications to manipulate a patient into a sexual relationship could be enough to trigger a malpractice insurer's duty to defend him in a disciplinary proceeding launched years later over other alleged misconduct, justices on the state's highest court hinted Monday.
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April 06, 2026
8th Circ. Lifts Block On Iowa Law Restricting Gender Lessons
The Eighth Circuit reversed an order Monday that blocked an Iowa law preventing educators from teaching K-6 students about gender identity and sexual orientation in the classroom, ruling the lower court's concerns about free speech restrictions rested on a "flawed analysis" of the statute's text.
Expert Analysis
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Justices' Ruling Stresses Quick Action Against Absconders
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.
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Justices May Hesitate To Limit Courts' Arbitration Review
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.
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Series
Ultramarathons Make Me A Better Lawyer
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.
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State FARA Laws Pose Unique Constitutional Challenges
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.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
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.
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Determining When Engineered Biologics May Be Patentable
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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In First For DOJ, Action Signals New CFIUS Enforcement Era
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.
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6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto
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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9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes
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.
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Berk May Spur More Pushback Against Med Mal Gatekeeping
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.
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Getting The Most Out Of Learning And Development Programs
Excerpt from Practical Guidance
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.
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A Shift In Fed. Circ.'s Approach To Patent Summary Judgment
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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Considering The Risks That Arise When IP Outlives Its Owner
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.
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Del. Blackbaud Ruling Signals A New Era For Cyberinsurance
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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How A High Court Music Piracy Ruling Shrinks ISP Liability
The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.