Appellate

  • May 28, 2026

    Justices Urged To Probe Post-Mallory Forum-Shopping Flood

    Legal advocates said Thursday that 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 that the justices should take up the case again to stop litigants from unconstitutionally interfering with interstate commerce.

  • May 28, 2026

    FCA Seeks High Court Review Of 9th Circ. Arbitration Loss

    Fiat Chrysler will ask the U.S. Supreme Court to review a Ninth Circuit decision refusing to send a class action over allegedly defective Jeep and Dodge headrests to arbitration, saying the justices must resolve whether a court or an arbitrator determines if a nonsignatory can enforce an arbitration clause.

  • May 28, 2026

    Wash. Justices Float AI Hypotheticals In Hospital Pixel Case

    As the Washington Supreme Court considered a group of parents' bid to revive their proposed privacy class action over a Seattle hospital's use of the Meta Pixel browser tracking tool on its website, the justices questioned Thursday whether the rise of artificial intelligence-powered chatbots carried implications for the case.

  • May 28, 2026

    Ex-Fla. Chief Justice Fred Lewis Dies At 78

    Former Florida Chief Justice R. Fred Lewis, who spent two decades on the bench of the Florida Supreme Court, has died at 78, the court announced Thursday.

  • May 28, 2026

    Osage Nation Asks 10th Circ. To Revisit Boundary Ruling

    The Osage Nation is appealing to the Tenth Circuit an Oklahoma federal judge's decision that declined to vacate a 16-year-old circuit decision saying the tribe's reservation boundaries had been disestablished, arguing that no congressional language explicitly changed those boundaries.

  • May 28, 2026

    NC AG Can't Litigate Environmental Case, Biz Groups Say

    The North Carolina Supreme Court should step in to prevent Attorney General Jeff Jackson from enacting his own policy vision — and subordinating agency regulation — through his ill-conceived environmental lawsuit, according to an amicus brief.

  • May 28, 2026

    Texas Panel Tosses Med Mal Suit Over Flawed Expert Report

    A Texas appellate court has dismissed a medical malpractice suit against a physician accused of leaving a catheter wire in a patient's leg, ruling that the plaintiff's expert report failure to properly identify the applicable standard of care didn't pass muster under the state's healthcare liability law.

  • May 28, 2026

    Injury Law Roundup: Freight Brokers, Uber Lose Key Cases

    The U.S. Supreme Court's green light of negligent hiring claims against freight brokers in highway crash cases and an adverse verdict against Uber in the sexual assault multidistrict litigation lead Law360's Injury Law Roundup.

  • May 28, 2026

    11th Circ. Says Damages Caps Misconstrued In Bias Verdict

    The Eleventh Circuit ruled on Thursday that a discrimination verdict against a Miami car dealership was slashed too far when a judge chose between federal and state damages caps, saying the caps should be added together.

  • May 28, 2026

    2nd Circ. Cites Macquarie Case In Tossing Gap Investor Suit

    The Second Circuit on Thursday upheld the dismissal of a proposed class action accusing The Gap Inc. of misleading investors about demand for its Old Navy brand's plus-size clothing line, ruling that the plaintiffs couldn't overcome a test imposed by the U.S. Supreme Court in 2024's Macquarie decision.

  • May 28, 2026

    Colo. Panel Says Insanity Verdict Supports Sealed Records

    A Colorado state appeals court on Thursday ruled that a man declared not guilty by reason of insanity in three cases over 20 years ago should have his records sealed because the criminal insanity finding is functionally an acquittal under state law.

  • May 28, 2026

    Pa. Panel Orders Judge Replaced In Sex Abuse Retrial

    A county judge must step aside for the retrial of an accused child sex offender, a Pennsylvania appeals court said Thursday, finding that, because the judge repeatedly declared that the man was innocent of the crimes in a prior proceeding, his impartiality was questionable.

  • May 28, 2026

    States Say Fed. Circ. Should Keep Tariff Block During Appeal

    The Federal Circuit shouldn't stay an injunction blocking the collection of Section 122 tariffs from two businesses and Washington state while the federal government appeals the trade court ruling because the appeal is likely to fail, the businesses and 24 states said Thursday.

  • May 28, 2026

    3 Federal Circuit Clashes To Watch In June

    The Federal Circuit's argument calendar next month includes a dispute between Micron and Netlist over Idaho's law against "bad faith" patent suits, and appeals of multimillion-dollar verdicts against Boston Scientific on a stent patent and TP-Link on Wi-Fi patents.

  • May 28, 2026

    Nearmap, Eagleview Reach Roof Measurement Patent Deal

    The owner of a series of patents covering a system for measuring and identifying attributes in a roof by using aerial imagery has settled its yearslong infringement allegations against Nearmap in Utah federal court.

  • May 28, 2026

    Akerman Says Colo. Roofing Co. Owes $650K From IP Suit

    Akerman LLP claimed in Colorado state court on Wednesday that a roofing company has not paid nearly $650,000 in attorney fees and costs related to a trademark infringement lawsuit from a competing business in Nevada.

  • May 28, 2026

    4th Circ. Wipes Out NC Man's Sentence For Gun Possession

    The Fourth Circuit vacated a North Carolina man's seven-year prison sentence for a firearm conviction, finding there was not an adequate factual connection between his gun possession and an underlying state homicide charge.

  • May 28, 2026

    NJ Comptroller Asked If It's Auditing Or Investigating Vendor

    A New Jersey appeals court on Thursday questioned whether the state comptroller's office exceeded its authority when it subpoenaed a private company that provides services to charter schools, asking whether the agency was conducting an audit of or an investigation into the company.

  • May 28, 2026

    6th Circ. Revives P-Funk Keyboardist's Copyright Royalty Suit

    The Sixth Circuit revived part of the estate of late Parliament-Funkadelic keyboardist George "Bernie" Worrell's copyright suit against group co-founder George Clinton and his company Thang Inc., ruling that a jury must decide whether Worrell partly owned the recordings he helped create. 

  • May 28, 2026

    5th Circ. Won't Rehear Deepwater Prostate Cancer Suit

    The Fifth Circuit has denied an en banc rehearing of a worker's toxic tort suit against BP Exploration & Production over prostate cancer he alleges he developed because of exposure to crude oil during cleanup of the 2010 Deepwater Horizon spill.

  • May 28, 2026

    Wash. Tribes, River Group Fight FERC Hydro License

    The Confederated Tribes and Bands of the Yakama Nation and nonprofit Columbia Riverkeeper have each sued the Federal Energy Regulatory Commission in the Ninth Circuit over the agency's issuance of a license for a hydroelectric project license.

  • May 28, 2026

    Fla. Justices Say Ex-Power Co. Welder Didn't Prove Retaliation

    The Florida Supreme Court rejected a welder's appeal alleging that a power company terminated him in retaliation for blowing the whistle on unsafe work conditions, ruling Thursday he didn't prove beyond a subjective belief that his former employer violated the law. 

  • May 28, 2026

    Pa. Justices Order Return Of Gun After Charges Dismissed

    A Philadelphia woman who has been trying to get her gun back from the state for years is entitled to it, the Pennsylvania Supreme Court ruled, finding that since the complaint against her was dismissed and prosecutors couldn't show why they needed to keep her property, it should be returned.

  • May 28, 2026

    9th Circ. Warned Of Market Forces In Nexstar-Tegna Case

    The National Association of Broadcasters told the Ninth Circuit that a lower court's view of the market in a case challenging the $6.2 billion merger between Nexstar and Tegna is inconsistent with its members' experience and contradicts industry data recently submitted to regulators.

  • May 28, 2026

    'Socioeconomic' Remark At Atty's Homicide Trial Vexes Judge

    A prosecutor's "socioeconomic" description of the man shot to death by a former Cramer & Anderson LLP partner may have been improper, a Connecticut appellate judge said Thursday, casting some doubt on the integrity of Robert L. Fisher Jr.'s manslaughter conviction.

Expert Analysis

  • 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.

  • 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.

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