Appellate

  • April 01, 2026

    Wheeling & Appealing: April's Most Notable Oral Arguments

    April is the coolest month, at least for appellate aficionados, featuring numerous important arguments with famous litigants, including U.S. senators, delivery apps Grubhub and Uber Eats, impresario Sean "Diddy" Combs, prediction platforms Kalshi and Robinhood, and a political giant known as the Velvet Hammer.

  • April 01, 2026

    3 Federal Circuit Clashes To Watch In April

    The Federal Circuit argument calendar for this month includes Centripetal Networks' appeal of a decision clearing Cisco of infringing cybersecurity patents after a multibillion-dollar award was thrown out, as well as Ecobee's challenge to an $11.5 million infringement verdict involving smart thermostats.

  • April 01, 2026

    9th Circ. Revives Aya Health Arbitrations In Nurses' Wage Suit

    A Ninth Circuit panel Wednesday reversed a district court ruling that voided arbitration agreements between Aya Healthcare Services Inc. and more than 250 employees, ruling that the lower court erred when it used the individual findings of two arbitrators to nix the agreements entirely.

  • April 01, 2026

    8th Circ. Upholds 37-Year Resentence After Murder Count Cut

    The Eighth Circuit Wednesday upheld two consecutive 18-and-a-half-year sentences for a man convicted for his role in a robbery, finding that even though one of the charges was vacated, he is still eligible for the same amount of time for the remaining charges.

  • April 01, 2026

    Trump Announces Texas, Ohio, Florida Judicial Picks

    President Donald Trump on Wednesday announced four judicial nominees for Texas, Ohio and Florida. 

  • April 01, 2026

    10th Circ. Debates Presuit Conduct In $60M Bad Faith Fight

    A Utah health provider's bad faith claim against its insurer over coverage of a lawsuit stemming from a woman's fatal liposuction surgery which resulted in a $60 million judgment at trial is back before the Tenth Circuit, with a three-judge panel hearing argument Wednesday regarding if the bad faith claim against the insurer can be heard by a jury.

  • April 01, 2026

    CFPB Seeks Green Light To Shed Half Of Staff In New Plan

    The Consumer Financial Protection Bureau has asked the D.C. Circuit to let it proceed with a new plan to lay off roughly half of its remaining staff, arguing this latest downsizing proposal moots concerns that led to a lower-court injunction freezing efforts to slash its workforce.

  • April 01, 2026

    Fla. Panel Revives Hurricane Damage Suit Against Insurer

    A Florida state appellate panel on Wednesday revived a condominium association's suit challenging an insurer's coverage denial for Hurricane Irma damage, finding that the trial court wrongly disregarded allegations that the insurer intentionally delayed its coverage determination to skirt the statute of limitations.

  • April 01, 2026

    NY Appellate Court Orders Hearing In Murder Evidence Fight

    A man sentenced to up to life in prison for a 2016 burglary that led to one man's death should have had the chance to argue that evidence seized during his arrest was taken illegally, a New York state appeals court said, ordering a hearing on the issue.

  • April 01, 2026

    DC Circ. Asked To Vacate FERC Pipeline Extension Approval

    Environmental advocacy organizations have taken their challenge over a $524 million natural gas pipeline extension to the D.C. Circuit, seeking to vacate an amended certificate of public convenience and necessity from the Federal Energy Regulatory Commission.

  • April 01, 2026

    11th Circ. Backs Order To Fix Fla. System For Disabled Kids

    The Eleventh Circuit upheld an injunction finding Florida's institutionalization of children with complex medical conditions violated the Americans with Disabilities Act, ruling in a split opinion that a lower court mostly didn't abuse its discretion with ordering reforms. 

  • April 01, 2026

    Split Pa. Justices Rule No Deception In Ricoh's 'Silence'

    Vendors in Pennsylvania are liable for "deception by omission" only if they had a duty to alert consumers about a potential product defect, a split Pennsylvania Supreme Court ruled in a suit against the maker of Pentax cameras alleging that it should have disclosed a shorter product lifespan than customers might have expected.

  • April 01, 2026

    Wolfgang Puck Gets A Chance To Exit Cookware Injury Suit

    A Florida appellate court on Wednesday reversed dueling trial court rulings in a suit over an allegedly defective Wolfgang Puck-branded pressure cooker, saying an evidentiary hearing is required to determine whether the celebrity chef and his company can be hauled into a Florida court.

  • April 01, 2026

    17 State AGs Challenge EPA's Repeal Of Coal Plant Air Regs

    Attorneys general from Illinois and 16 other states urged the D.C. Circuit on Tuesday to undo the Trump administration's recent rollback of Biden-era caps on mercury and other toxins in air pollution from coal- and oil-fired power plants, warning the loosened standards threaten public health and the environment.   

  • April 01, 2026

    5th Circ. Panel Weighs BP Retirees' Pension Suit Win

    A Fifth Circuit panel wanted to know what specific misrepresentations BP Corp. North America Inc. made to about 7,000 retirees that caused them to think they were getting a sweeter retirement deal than they got, asking Wednesday which misrepresentations were the most "obvious."

  • April 01, 2026

    9th Circ. Nixes 3-Strikes Enhancement In Meth Conviction

    The Ninth Circuit has ordered that a new sentence for drug trafficking be given to a man who successfully argued in a self-filed motion that his attorney failed to challenge a sentence enhancement for career offenders.

  • April 01, 2026

    4th Circ. Upholds Prior Settlement Bars Clear Touch TM Suit

    The Fourth Circuit on Wednesday ruled that it won't undo a lower court's decision tossing interactive technology products company Clear Touch Interactive Inc.'s federal intellectual property claims against a former reseller, saying the case was blocked by an earlier settlement agreement between the parties.

  • April 01, 2026

    9th Circ. Says Judge Likely Overreached In No-Bond Ruling

    The Ninth Circuit has stayed a California federal judge's ruling vacating a Board of Immigration Appeals decision stripping immigration judges of authority to grant release on bond, finding the district court likely exceeded its authority in doing so.

  • April 01, 2026

    Judiciary Seeks More Security Funding Amid Threat Surge

    Court security is a top concern for the federal judiciary in its recently released budget request for fiscal 2027.

  • April 01, 2026

    2nd Circ. Says No Atty Conflict For Convicted Payday Lender

    The Second Circuit on Wednesday affirmed a district court's conviction of a payday lender on racketeering, money laundering and fraud claims, rejecting the lender's argument that his conviction must be vacated because, while his trial was underway, his court-appointed counsel cooperated with the same prosecutors' office in an unrelated case.

  • April 01, 2026

    Texas Panel Agrees Atty Misused Client List, Cuts $6M Award

    A Texas appeals panel upheld a jury's finding that a Houston attorney misappropriated another Houston lawyer's client materials, but reduced a $6 million judgment by more than $4.7 million and ordered the lower court to determine how to deal with the remaining award, if any.

  • April 01, 2026

    Justices' Cox Decision Fuels Debate Over DMCA's Relevance

    The U.S. Supreme Court's unanimous decision last week shielding Cox Communications from contributory copyright liability and wiping out a massive piracy verdict against the internet service provider has sparked a debate over how much the Digital Millennium Copyright Act's safe harbor provision still matters.

  • April 01, 2026

    Fed. Circ. Finds Puradigm Gave Up Air Purifier Patent Claim

    Air purification technology company Puradigm lost its bid to bring back its lawsuit accusing a group of related competitors of infringing one of its patents, after the Federal Circuit on Wednesday affirmed a Texas federal court's finding that the accused products couldn't have been infringed.

  • April 01, 2026

    Mass. Cannabis Businesses Say Repeal Bid Misleads Voters

    A coalition of Massachusetts cannabis business owners Wednesday challenged the constitutionality of a proposal to repeal retail marijuana legalization at the ballot box this November.

  • April 01, 2026

    Pa. Court Says 1 Fire Set Equals 1 Arson-Property Sentence

    A man sentenced to up to 15 years for setting his ex-girlfriend's home on fire must be resentenced, a Pennsylvania Superior Court panel ruled unanimously Tuesday, agreeing that he should only have faced one count of arson endangering property since he only set one fire.

Expert Analysis

  • 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.

  • Opinion

    AI Presents A Make-Or-Break Moment For Outside Counsel

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    The rapid adoption of artificial intelligence by corporate legal departments is forcing a long-overdue reset of the relationship between inside and outside counsel, and introducing a significant opportunity to shed frustrating inefficiencies and strengthen collaboration for firms willing to embrace the shift, says Intel Chief Legal Officer April Miller Boise.

  • 8 Tariff Refund Questions For Restructuring Professionals

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    For restructuring and turnaround professionals, seeking refunds following the U.S. Supreme Court's recent decision invalidating tariffs imposed under the International Emergency Economic Powers Act raises several questions about how to capture legitimate recoveries while protecting an enterprise from the consequences of its own history, says Jonny Frank and Laura Greenman at StoneTurn, and Andrew Popescu at Province.

  • Series

    Watching Hallmark Movies Makes Me A Better Lawyer

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    I realize you may be judging me for watching, and actually enjoying, Hallmark Channel movies, but the escapism and storylines actually demonstrate qualities and actions that lead to an efficient, productive and positive legal practice, says Karen Ross at Tucker Ellis.

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