Appellate

  • April 28, 2026

    5th Circ. Judge 'Hung Up' On FDA Vape Denial Reasoning

    A Fifth Circuit judge on Tuesday pressed the U.S. Food and Drug Administration on how it reviews applications from flavored vape manufacturers, asking why repeatedly denying applicants on similar grounds should not be treated as a rule requiring notice-and-comment.

  • April 28, 2026

    Fed. Circ. Invalidates IP Without Touching LG's $1.7M Jury Loss

    LG Electronics Inc. won an invalidation of claims of Constellation Designs LLC's digital communications patents at the Federal Circuit on Tuesday but couldn't escape a jury's infringement finding based on broadcast standards, nor the subsequent $1.68 million verdict.

  • April 28, 2026

    EPA Creates A Legal Haze With Emissions Plan Rejections

    The Trump administration is advancing a novel constitutional argument in its efforts to keep fossil fuel-fired power plants open, which, if sustained in court, could pose new challenges for states trying to hold up their end of the Clean Air Act.

  • April 28, 2026

    New IEX Options Exchange Is Anticompetitive, 11th Circ. Told

    Citadel Securities LLC urged the Eleventh Circuit on Tuesday to block the federal approval of a new options exchange, arguing that the platform's delay mechanism promotes anticompetitive and discriminatory trading practices. 

  • April 28, 2026

    FCC's Carr Orders ABC Station Probes Amid Kimmel Dispute

    The Federal Communications Commission's staff ordered an early license review of Disney-owned ABC stations Tuesday, a controversial move made just days after President Donald Trump demanded the network fire late-night host Jimmy Kimmel.

  • April 28, 2026

    Genworth Says 4th Circ. Panel Right To Decertify 401(k) Class

    An insurance company urged the Fourth Circuit not to review a panel's earlier decision unraveling certification for more than 4,000 of the insurance company's 401(k) plan participants on claims they lost millions from underperforming BlackRock Inc. target date funds, arguing against two ex-workers' bid for en banc review.

  • April 28, 2026

    DOJ Says Sen. Kelly Not Immune From Military Discipline

    The Trump administration urged the D.C. Circuit to lift an injunction blocking Defense Secretary Pete Hegseth from reducing Sen. Mark Kelly's U.S. Navy rank, arguing there's no reason retired officers should be exempt from military discipline. 

  • April 28, 2026

    Orrick Lands Senior IP Atty From USPTO

    Orrick Herrington & Sutcliffe LLP has boosted its intellectual property bench with the addition of a former attorney at the U.S. Patent and Trademark Office.

  • April 28, 2026

    Justices Wary Of Cisco's Bid To Avoid Aiding Torture Claims

    The U.S. Supreme Court seemed skeptical Tuesday of Cisco Systems Inc.'s argument that the Alien Tort Statute categorically bars claims for aiding and abetting alleged human rights violations, with several justices suggesting the viability of such claims should turn on the facts of each specific case. 

  • April 28, 2026

    2nd Circ. Splits With 5th, 8th On Migrant Bond Detention

    A unanimous Second Circuit panel on Tuesday rejected the Trump administration's argument that noncitizens who entered the U.S. unlawfully, regardless of their length of stay, aren't eligible for bond, diverging from the Fifth and Eighth circuits.

  • April 28, 2026

    10th Circ. Says Colo. Suit Against Officer On Leave Fell Short

    A Colorado woman did not plausibly allege an Aurora policeman who attacked her had actual authority to use force or conduct arrests as a sworn officer on administrative leave, the Tenth Circuit held.

  • April 28, 2026

    Oncor Wins Long-Running Union Firing Fight At DC Circ.

    A major Texas electric company was allowed to fire a union-represented worker for testifying that the company's smart meters were damaging people's homes, a D.C. Circuit panel ruled Tuesday, finding the worker's 2012 testimony at a Texas Senate committee hearing wasn't protected by the National Labor Relations Act.

  • April 28, 2026

    Teleflex Settles Catheter Patent Case Against Medtronic

    Medical device company Teleflex and Medtronic have reached a settlement to end a catheter patent dispute from which a judge recused himself after explaining he was "at a loss" on how to proceed.

  • April 28, 2026

    7th Circ. Backs $7M Loan Fraudster's 6-Year Sentence

    The Seventh Circuit has upheld a six-year prison sentence for a financial controller on charges he defrauded two banks and caused more than $7 million in losses, backing a sentencing enhancement for his supervisory role in the scheme because he was "more than a conduit or middleman" and "actively planned, coordinated and concealed the fraud."

  • April 28, 2026

    4th Circ. Reverses, Says Bag Search Evidence Was Inevitable

    A North Carolina man charged with drug and gun violations when he was arrested for interfering with a police investigation after riding his bike in and out of an active crime scene, cannot have evidence against him suppressed, a Fourth Circuit appeals panel ruled Tuesday.

  • April 28, 2026

    Uber, Drivers Drop Appeal In Yearslong Misclassification Fight

    A group of Uber Black drivers and the ride-hailing company agreed Tuesday to dismiss the drivers' appeal before the Third Circuit in a protracted worker classification dispute that has spanned a decade, according to a federal court filing.

  • April 28, 2026

    4th Circ. Backs SC City's Win Over Short-Term Rentals Suit

    The Fourth Circuit backed a South Carolina city's summary judgment win over a local property owner's suit challenging the city's short-term rentals regulations, ruling that the owner lacks standing to sue.

  • April 28, 2026

    9th Circ. Says Constitution 'Not A NIMBY Charter' In Portland

    A split Ninth Circuit panel granted the Trump administration's request to stay orders two Oregon federal judges issued to rein in federal agents' use of tear gas and other crowd-control munitions around a U.S. Immigration and Customs Enforcement facility in Portland.

  • April 28, 2026

    Pa. Justices Rule Voting Data Isn't Protected From Sharing

    An electronic database showing the outcome of a Pennsylvania county's vote is a report generated by tabulating equipment, not the "contents" of a ballot box or voting machine protected from public disclosure, the state Supreme Court ruled Tuesday.

  • April 28, 2026

    Death Row Inmate Seeks 10th Circ. Rehearing On Gender Bias

    Brenda Andrew, the only woman on Oklahoma's death row, is again asking the Tenth Circuit to consider whether gender bias and misogyny in her 2004 murder trial violated her constitutional right to a fair trial, her attorneys confirmed on Tuesday.

  • April 28, 2026

    Dems Say Calif. Redistricting Map Isn't Racial Gerrymandering

    The campaign arm of House Democrats has asked a California federal judge to toss a challenge to the state's new voter-backed congressional districts, saying state Republicans had failed to provide direct evidence that it benefits one race more.

  • April 28, 2026

    Federal Inmates Can Earn Credits In State Lockup, 1st Circ. Says

    Federal prisoners may earn First Step Act time credit toward shortening their sentences during state custody before arriving at a federal prison, the First Circuit ruled, deeming a contrary federal policy invalid.

  • April 28, 2026

    AARP, Others Back Intel Workers In High Court 401(k) Fight

    AARP and other retirement and investor advocates are supporting former Intel employees who allege their employee 401(k) savings were dragged down by underperforming investments, telling the U.S. Supreme Court the Ninth Circuit erred in requiring the plaintiffs to identify a "meaningful benchmark" for comparison to their lagging funds.

  • April 28, 2026

    Over 11 Million Imports Entered For Tariff Refunds, CBP Says

    Importers have successfully submitted more than 11.2 million entries to Customs and Border Protection's tariff refund system, and more than 1.7 million imports have been validated and are ready for refunds, a CBP official told the U.S. Court of International Trade on Tuesday.

  • April 28, 2026

    9th Circ. Asked To Pause Idaho Tribal Land Swap Ruling

    J.R. Simplot Co. is asking the Ninth Circuit to stay pending U.S. Supreme Court review of its decision to invalidate an Idaho land transfer by the U.S. Department of the Interior that would have allowed it to expand its phosphogypsum plant near tribal lands, saying the issue has already caused "robust debate" in the appellate court.

Expert Analysis

  • 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.

  • 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.

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