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Appellate
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April 07, 2026
$58M Verdict Against Givaudan Upheld In Toxic Exposure Suit
A Missouri appeals court on Tuesday refused to throw out a $58 million judgment against Givaudan Flavors Corp. in a suit from a worker who alleged that exposure to its chemicals gave him an incurable lung disease, rejecting the company's argument that his experts were wrongly allowed to testify.
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April 07, 2026
Law Profs Back Boeing In 7th Circ. Bid To Void 737 Max Class
Law professors have told the Seventh Circuit that an Illinois district court improperly certified a class of investors alleging Boeing misrepresented the 737 Max 8 jets' safety after two deadly crashes in 2018 and 2019, saying there's been a "troubling" pattern of courts blessing classwide damages theories backed by zero evidence.
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April 07, 2026
Texas Panel Keeps Ex-GC's Suit Over Unpaid Bonuses Alive
A Texas appeals court on Tuesday kept in play a suit by a dairy equipment manufacturer's former general counsel over unpaid bonuses, holding that updated anti-SLAPP rules applied to newly added claims in the suit and that the company failed to meet procedural requirements in trying to dismiss them.
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April 07, 2026
3rd Circ. Rules No Infringement In Posting Of Building Codes
In a precedential opinion Tuesday, the Third Circuit ruled that a company's posting of the American Society for Testing and Materials' copyrighted technical standards online was a fair use of the information that did not infringe ASTM's copyright.
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April 07, 2026
4th Circ. Says Supervised Release Rules Can Ban Porn Use
The Fourth Circuit has ruled that a special probation requirement banning legal adult pornographic material does not violate the rights of a convicted child sexual abuse material user who has broken multiple previous release conditions.
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April 07, 2026
2nd Circ. Backs Cheese Producer In Whey Contract Battle
A nutritional supplement maker forfeited an argument that its whey supplier was required to engage in ongoing sale negotiations by failing to raise it in the lower court, the Second Circuit ruled in upholding a summary judgment win for the world's largest producer of mozzarella cheese.
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April 07, 2026
Fed. Circ. Tosses PTAB Amendment Appeal Over Standing
The Federal Circuit won't reconsider the Patent Trial and Appeal Board's decision to amend a Digital Turbine Inc. mobile device installation patent, saying Tuesday that challenger ironSource Ltd. doesn't have standing to appeal.
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April 07, 2026
Ga. Panel Vacates $662K Interest On $2M Arbitration Award
A Georgia Court of Appeals panel on Tuesday vacated about $662,000 in interest that was tacked onto an arbitration award in a trade secrets dispute between two medical device companies, ruling that while the assessment of interest was justified, a trial court had miscalculated the total.
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April 07, 2026
Fed. Circ. Affirms Samsung PTAB Wins On Display Patents
The Federal Circuit on Tuesday affirmed a decision from the Patent Trial and Appeal Board that invalidated patents asserted against Samsung covering cooling systems for electronic displays.
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April 07, 2026
Mexico Can't Dodge $47M Arbitral Award, DC Circ. Says
The D.C. Circuit on Tuesday refused to vacate a $47 million arbitral award issued to a Canadian lender following a fraudulent loan scheme, rejecting Mexico's argument that the tribunal misinterpreted part of the North American Free Trade Agreement.
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April 07, 2026
2nd Circ. Says Unlicensed Bitcoin-Cash Swaps Can Be Crime
Exchanging bitcoin for U.S. currency can qualify as transferring funds under the criminal statute against operating an unlicensed money-transmitting business, the Second Circuit held Tuesday in an opinion backing the conviction of a man found guilty of laundering bitcoin that he was told came from drug sales.
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April 07, 2026
States, DC Back NY AG James In DOJ Probe Appeal
Backed by amici including the attorneys general of 20 states and the District of Columbia, New York Attorney General Letitia James is fighting the U.S. Department of Justice's bid to reopen an investigation into her office launched by a federal prosecutor found to have been serving unlawfully.
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April 07, 2026
DC Circ. Skeptical Ex-Steward CEO Could Skip Senate Hearing
A D.C. Circuit judge told the attorney for the embattled former CEO of Steward Health Care on Tuesday that she couldn't comprehend how his client could invoke his Fifth Amendment rights without showing up to his scheduled appearance before a Senate committee.
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April 07, 2026
Labor Firm's Advice Isn't Malicious Prosecution, Court Told
The Comegno Law Group has urged a New Jersey state court to grant its bid for summary judgment in a discrimination and malicious prosecution suit brought by a former school district administrator, arguing that the undisputed record shows it only acted as counsel to its client.
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April 07, 2026
Conn. Justices Uphold Reprimand For Atty's 'Diatribe'
A divided Connecticut Supreme Court on Tuesday refused to toss out a reprimand imposed on an attorney accused of making disparaging statements about judges amid a long-running fee dispute, finding that John W. Mills failed to show he had "an objective, reasonable belief" that his written comments were true.
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April 07, 2026
Fed. Circ. Backs PTAB Decision On Intuit Patent Challenge
The Federal Circuit on Tuesday backed a decision by the Patent Trial and Appeal Board that software company Intuit had not shown that any of the patent claims it challenged in a patent that covers synchronized internet browsing were invalid.
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April 07, 2026
Colo. Justices Say Disputed Costs OK In Public Works Claim
Disputed or unliquidated costs, including delay and disruption damages, can be included in claims under Colorado's Public Works Act, the state's highest court has ruled, reviving a subcontractor's bid to recover a roughly $13 million claim tied to a Denver-area rail project.
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April 07, 2026
DOJ Backs Wrong View Of Accounting Error, 11th Circ. Told
A hedge fund manager challenging the denial of a $1.9 million tax refund related to his private jet told the Eleventh Circuit that the federal government is wrongly parroting a lower court's unreasonable approach to the accounting error underlying the dispute.
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April 07, 2026
Vape Cos. Tell NC Justices To Keep 'Sealed Container' Win
A vape distributor and seller are urging the North Carolina Supreme Court not to disturb an appeals court ruling in their favor in a suit over an exploding battery, saying the appeals court rightly applied the "sealed container" defense.
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April 06, 2026
Wash. Activist Seeks To Force Vote On 'Millionaire Tax'
A conservative activist urged Washington's highest court to allow voters to weigh in on a newly enacted state income tax on earnings above $1 million, seeking to challenge the secretary of state's position that the new tax isn't eligible to be overturned through a citizen referendum.
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April 06, 2026
Ill. AG Urges 7th Circ. To Uphold Landmark Swipe-Fee Law
Illinois Attorney General Kwame Raoul has urged the Seventh Circuit to rule that his state may fully enforce its Interchange Fee Prohibition Act against national banks and other financial institutions, defending its ban on tax-and-tip swipe fees amid a banking industry appeal.
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April 06, 2026
3rd Circ. Backs Sentence Enhancement In $2M COVID Fraud
A man who was sentenced to more than 12 years in prison for defrauding pandemic-era safety-net programs of more than $2 million cannot challenge his sentence, a Third Circuit panel has ruled, finding he was a ringleader and thus qualified for a sentencing enhancement.
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April 06, 2026
Fed. Circ. Questions Army Corps' Contract Award About-Face
A Federal Circuit judge appeared skeptical on Monday over the U.S. Army Corps of Engineers' about-face on the technical acceptability of a construction company's contract proposal, pressing a government attorney to explain how a once-acceptable proposal now has multiple deficiencies.
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April 06, 2026
Feds Seek To Enforce Trans Healthcare Orders During Appeal
The Trump administration has asked the Fourth Circuit to let it enforce executive orders that ban federal funding for gender-affirming care for patients under age 19 while its appeal of a nationwide injunction is pending, arguing it's likely to succeed in its bid to overturn the trial court's order.
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April 06, 2026
Citi Tells 2nd Circ. EFTA Exempts Wire Transfers 'End-To-End'
A Second Circuit panel Monday seemed responsive to Citibank's arguments that consumer-initiated electronic wire transfers are carved out from the Electronic Funds Transfer Act under a longstanding exemption in the statute, in a suit from the New York attorney general over the bank's response to online wire transfer fraud incidents.
Expert Analysis
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Justices' Ruling Stresses Quick Action Against Absconders
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.
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Justices May Hesitate To Limit Courts' Arbitration Review
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.
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Series
Ultramarathons Make Me A Better Lawyer
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.
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State FARA Laws Pose Unique Constitutional Challenges
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.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
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.
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Determining When Engineered Biologics May Be Patentable
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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In First For DOJ, Action Signals New CFIUS Enforcement Era
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.
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6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto
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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9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes
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.
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Berk May Spur More Pushback Against Med Mal Gatekeeping
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.
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Getting The Most Out Of Learning And Development Programs
Excerpt from Practical Guidance
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.
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A Shift In Fed. Circ.'s Approach To Patent Summary Judgment
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.
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Considering The Risks That Arise When IP Outlives Its Owner
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.
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Del. Blackbaud Ruling Signals A New Era For Cyberinsurance
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.
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How A High Court Music Piracy Ruling Shrinks ISP Liability
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.