Appellate

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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 Michian 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • April 06, 2026

    3rd Circ. Backs Kalshi In Prediction Markets Battle With NJ

    A split Third Circuit panel on Monday backed a lower court's order blocking New Jersey from enforcing a sports gambling ban on trading platform KalshiEx, with the dissenting judge calling Kalshi's actions a "performative sleight" meant to hide that its products are sports gambling.

  • April 06, 2026

    Ex-EEOC Leaders Back BigLaw Firms In Trump EO Appeal

    A group of former U.S. Equal Employment Opportunity Commission officials are backing four BigLaw firms in the Trump administration's consolidated D.C. Circuit appeal seeking to revive executive orders targeting the firms, arguing the president's directives contradict how Congress meant for the EEOC to operate.

  • April 06, 2026

    Fed. Circ. Says ITC Rightly Denied Boat AC Import Ban

    The Federal Circuit said Monday that the U.S. International Trade Commission correctly declined to issue an import ban on boat air conditioners at the request of a Swedish manufacturer.

  • April 06, 2026

    Ute Tribe To Appeal Split-Estate Lands Ruling To 10th Circ.

    The Ute Indian Tribe says it will appeal a Utah federal court's determination that split estate lands within the Uintah and Ouray Indian Reservation are not Indian Country, by arguing the same issue the Tenth Circuit resolved in its favor more than four decades ago.

  • April 06, 2026

    High Court Passes On Challenge To Illinois Transit Gun Ban

    The U.S. Supreme Court on Monday denied plaintiffs' request to consider whether they had the right to bear arms on public Illinois transit, leaving a Seventh Circuit decision denying them this right intact.

  • April 06, 2026

    FERC Unlawfully Revived Pipeline Project, DC Circ. Told

    The Federal Energy Regulatory Commission flouted the Natural Gas Act and National Environmental Policy Act when it reauthorized a previously abandoned pipeline upgrade project in the Northeast, environmental and homeowner groups have told the D.C. Circuit.

  • April 06, 2026

    Can State Courts Tame The 'Wild West' Of Judicial Security?

    As threats against local judges continue to ramp up, protection and incident tracking varies not only from state to state but county to county, making it difficult to draw the national judicial security landscape. Now, lawmakers are looking to use federal resources to even out disparities.

  • April 06, 2026

    Nude Security Cam Appeal Befuddles Mass. High Court

    Justices of Massachusetts' highest court seemed inclined Monday to uphold a Martha's Vineyard resident's conviction for secretly recording a sexual encounter on a home security camera, but questioned whether sending a still image to only the victim could support a second conviction for "dissemination."  

  • April 06, 2026

    Top Court Paves Way To Wipe Out Pol's Bribery Conviction

    The U.S. Supreme Court on Monday vacated an appeals court's decision to uphold the conviction of a pardoned former Cincinnati council member for bribery and attempted extortion, effectively greenlighting federal prosecutors' motion to toss the case.

  • April 06, 2026

    Justices Clear Path For DOJ To Dismiss Bannon's Conviction

    The U.S. Supreme Court on Monday vacated an appeals court's order upholding Steve Bannon's conviction over his nonresponse to a congressional subpoena investigating the Jan. 6 insurrection, clearing the way for the Justice Department to dismiss his indictment.

  • April 06, 2026

    Justices Want Feds' Views On Ruby Tuesday Benefits Dispute

    The U.S. Supreme Court asked for the federal government Monday to weigh in on a dispute from ex-managers at restaurant chain Ruby Tuesday alleging Regions Bank lost them $35 million in retirement plan benefits that were liquidated in bankruptcy.

Expert Analysis

  • 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.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    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.

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