Appellate

  • June 02, 2026

    Michigan Tells Panel Absentee Ballot Restriction Too Stiff

    Counsel for the Michigan secretary of state urged a state appeals panel Tuesday to overturn the Republican National Committee's win of an injunction requiring absentee ballots with missing or mismatched identification tabs to be disqualified, arguing that tossing those ballots would disenfranchise voters.

  • June 02, 2026

    4th Circ. Says Worker Can't Revive Wage Classes After Deal

    The Fourth Circuit dismissed a former auto parts worker's appeal of an order decertifying wage and hour classes and a collective action, finding Tuesday he lost standing when he voluntarily settled his individual claims.

  • June 02, 2026

    Generics Makers Tell 3rd Circ. Buyers Too Few For Class

    Two pharmaceutical companies embroiled in decadelong litigation over the alleged price-fixing of generic drugs told a Third Circuit panel on Tuesday that groups of drug buyers either didn't have the numbers necessary to support class certification or were not clearly identifiable.

  • June 02, 2026

    Justices Urged To Address Tax Fraud Deadline Split

    A woman urged the U.S. Supreme Court on Tuesday to reconcile the appellate courts' split over the period to assess taxes against a taxpayer in cases when a third party commits fraud, saying the IRS even admitted that the conflict creates "intolerable results."

  • June 02, 2026

    LA Says DOJ's Pot Shift Can't Sway Dormant Commerce Case

    Los Angeles urged the Ninth Circuit on Monday to dispose of a dormant commerce clause challenge to the city's cannabis licensure program, saying the federal rescheduling of medical marijuana should not influence the case.

  • June 02, 2026

    9th Circ. Won't Recharge Kids' Suit Over Trump's Energy EOs

    A Ninth Circuit panel refused Tuesday to revive a group of youths' legal challenge of President Donald Trump's executive orders spurring the use of fossil fuels to meet the country's energy needs, concluding the plaintiffs "can only speculate" that the orders will trigger agency decisions that ultimately intensify climate change.

  • June 02, 2026

    11th Circ. Raises Practicality Questions About Fla. Drag Law

    The full Eleventh Circuit grappled Tuesday with how a Florida law that criminalizes admitting minors to "adult live performances" like drag shows would square with the free speech rights, pressing the state on how to discern what's appropriate for patrons of different ages.

  • June 02, 2026

    US Pushes To Keep Trump Tariffs In Effect During Appeal

    The Federal Circuit should maintain a pause on a lower court's order blocking President Donald Trump's temporary global tariffs with respect to Washington state and two businesses, the U.S. argued, saying the merits "lopsidedly" favor a stay during the government's appeal.

  • June 02, 2026

    Tribe Waived Immunity In Casino Land Fight, NC Panel Told

    The Catawba Indian Nation can't assert blanket immunity from a development company's suit claiming the tribe "ran wild" with the access it received to privately owned land surrounding the tribe's planned casino in North Carolina, the company told a state appellate panel Tuesday.

  • June 02, 2026

    Mass. Justices Allow Trooper Body Cam Evidence In DUI Case

    A man arrested for drunken driving cannot have a state trooper's body cam footage of him excluded from evidence, Massachusetts' highest court ruled Tuesday, finding that although he may not have been aware that he was being recorded, there was ample notice and police were not breaking the law.

  • June 02, 2026

    6th Circ. Weighs Mich. City's Pride Flag Policy

    A panel of the Sixth Circuit on Tuesday wrestled with whether a Detroit-area city's decision to bar rainbow Pride flags from its flagpoles while continuing to fly flags representing countries tied to residents' national origins was a lawful expression of government speech. 

  • June 02, 2026

    DOJ Won't Move Forward With $1.8B Fund, Blanche Confirms

    Acting Attorney General Todd Blanche told lawmakers Tuesday, "we're not moving forward" with the controversial $1.8 billion settlement fund.

  • June 02, 2026

    Hemp Cos. Say DEA Overreached By Criminalizing HHC

    Two hemp companies are challenging a recent U.S. Drug Enforcement Administration rule that designated a hemp-derived psychoactive compound as a Schedule I substance, saying the agency's move was an unlawful overreach that contradicts Congress' legalization of hemp.

  • June 02, 2026

    Fox Rothschild Atty Censured Over $2.7M In Unapproved Fees

    A New Jersey-based bankruptcy partner at Fox Rothschild LLP has been censured by the Supreme Court of New Jersey after she was found to have wrongfully disbursed over $2.7 million in fees to her former firms without approval.

  • June 02, 2026

    Marketing Data Exec Can't Appeal Sanctions, 8th Circ. Says

    The Eighth Circuit has held that the owner of a marketing data firm cannot appeal a civil contempt order and sanctions against him for failing to answer a copyright lawsuit since the order was not an appealable final decision.

  • June 02, 2026

    7th Circ. Fines Deported Migrant's Atty For ChatGPT Misuse

    The Seventh Circuit has rejected a Mexican citizen's petition challenging an immigration court's removal order on the merits, while sanctioning his attorney $5,000 for filing two legal briefs "riddled with" fabricated quotes and case citations hallucinated by ChatGPT.

  • June 02, 2026

    11th Circ. May Lower Bar For Getting ERISA Claims To Court

    Several Eleventh Circuit judges voiced support during en banc arguments Tuesday for overturning precedent backing the appellate court's exhaustion requirement for federal benefits claims, signaling the potential reinstatement of a proposed class action alleging mismanagement of a seafood company's employee stock ownership plan.

  • June 02, 2026

    10th Circ. Says Salvadoran Was Too Late To Reopen Case

    A Salvadoran national who previously lost his bid to avoid removal was too late in seeking to reopen his case before an immigration appeals board, the Tenth Circuit has ruled, rejecting his arguments over why his motion should still be deemed timely.

  • June 02, 2026

    10th Circ. Backs Toyota's Win In RAV4 Defect Suit

    The Tenth Circuit affirmed Toyota Motor Corp.'s trial win in a Colorado product liability suit over a RAV4 crash that left a passenger with a severe brain injury, saying the passenger could not challenge the jury's verdict because he failed to make the required trial and posttrial motions.

  • June 01, 2026

    3rd Circ. Preview: AI Copyright Spat, NJ Gun Law Battle

    A copyright fight over the future of AI‑powered legal research heads to the Third Circuit, where a legal publisher will argue this month that a legal technology company's use of its headnotes does not constitute fair use of copyrighted material. The court will also take up a challenge to New Jersey's firearm nuisance law in a case that asks when a trade group can bring a federal suit over a state statute.

  • June 01, 2026

    5th Circ. Probes Standing In Challenge To EPA Asbestos Rule

    Fifth Circuit judges Monday questioned whether challengers to a U.S. Environmental Protection Agency rule that addresses chrysotile asbestos, the only known form of the carcinogen still used and imported in the country, have a legal right to sue over their alleged injuries.

  • June 01, 2026

    Fed. Circ. Debates Line Between Extortion And Settlement

    A Federal Circuit panel Monday questioned whether OpenSky Industries LLC should be punished for allegedly extorting VLSI Technology LLC by threatening to challenge its patent, or if any misconduct would be covered under a doctrine meant to protect those petitioning the government.

  • June 01, 2026

    Ala. Redistricting Fight Tests Justices' Voting Rights Ruling

    Alabama officials and Black voters have asked the U.S. Supreme Court to decide if an order requiring the state to hold this year's elections under a court-drawn map that gives Black voters a chance to elect two preferred congressional candidates constitutes a "roadmap for evading" or a faithful application of the high court's recent Voting Rights Act ruling.

  • June 01, 2026

    Colo. Justices Affirm Uninsured Motorist Rule For Insurers

    The Colorado Supreme Court unanimously decided Monday to affirm a more-than-20-year-old ruling that an insurer must plead its defenses "as soon as practicable" to participate in litigation between its insured and an uninsured motorist.

  • June 01, 2026

    Justices Say 11th Circ. Wrong To Consider Posttrial DNA Test

    The U.S. Supreme Court on Monday vacated an Eleventh Circuit opinion that denied habeas relief to a Florida man on death row, saying the appellate court erroneously considered a posttrial DNA analysis that was never seen by the jurors who convicted him.

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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