Appellate

  • April 22, 2026

    5th Circ. Bars Dead Veteran's VA Surgery Suit As Untimely

    The estate of a dead veteran who filed a medical malpractice lawsuit 18 years after an unauthorized operation at a Veterans Affairs hospital didn't bring the suit within Mississippi's seven-year deadline for medical malpractice claims, the Fifth Circuit ruled Wednesday.

  • April 22, 2026

    Justices Lean Toward Parole For Charged Green Card Holders

    The U.S. Supreme Court appeared unconvinced on Wednesday that returning green card holders with pending criminal charges must be admitted rather than paroled into the country, with one justice suggesting it could backfire on lawful permanent residents and might be impractical.

  • April 22, 2026

    Split 6th Circ. Lets Brewer Challenge Tax Code's Distilling Ban

    An Ohio brewery owner has standing to challenge the constitutionality of the federal tax code's ban on distilling whiskey at home, but the ban is necessary for the government to collect taxes on distilled spirits, a split Sixth Circuit panel ruled.

  • April 22, 2026

    Cumulus Defends Nielsen Data-Tying Order At 2nd Circ.

    Radio giant Cumulus Media has told the Second Circuit that Nielsen helped contribute to the broadcaster's bankruptcy earlier this year by tying sales of its national radio ratings data to sales of its local offerings, calling the practice unlawful and saying it should be stopped.

  • April 22, 2026

    AIM Spars Over $10M Fee, Board Fight In Del. Supreme Court

    Investor AIM Ventura Capital Fund LLC and Gabb Wireless founder Stephen Dalby clashed Wednesday before the Delaware Supreme Court over whether a lower court wrongly denied a contract remedy and imposed a multimillion-dollar fee award in a bitter governance dispute.

  • April 22, 2026

    6th Circ. Questions Timing Of Late Keyboardist's Royalties Bid

    A Sixth Circuit panel sharply questioned both sides Wednesday over when, if ever, Parliament-Funkadelic co-founder George Clinton clearly rejected a decades-old royalty deal with the band's former keyboardist, signaling uncertainty about whether the late musician's estate waited too long to sue.

  • April 22, 2026

    NY Top Court Tosses Murder Case Over 3-Year Retrial Delay

    New York's highest court has dismissed a murder charge against a man who was convicted by a jury after three others had deadlocked, finding that prosecutors failed to justify a more than three-year delay in going for the fourth trial.

  • April 22, 2026

    Defunct Soccer League Bids To Revive Antitrust Case

    The North American Soccer League pressed the Second Circuit for a new antitrust trial against Major League Soccer and soccer's U.S. governing body Wednesday, arguing that it was hamstrung by the trial court's jury instructions regarding a "relevant market" for professional soccer.

  • April 22, 2026

    10th Circ. Splits Tribal Immunity In Okla. Casino Land Fight

    The Tenth Circuit is allowing part of the Comanche Nation's challenge to the Fort Sill Apache Tribe's Oklahoma casino to continue, finding on Tuesday that the Indian Gaming Regulatory Act invalidates sovereign immunity in the dispute, while rejecting claims that the defense also applies to racketeering allegations against tribal officials in individual capacities.

  • April 22, 2026

    Liberty Global Loses $2.4B Tax Substance Fight In 10th Circ.

    Telecommunications giant Liberty Global is not entitled to a $2.4 billion deduction tied to transactions with its foreign affiliates, the Tenth Circuit ruled in a long-awaited opinion, siding with the U.S. government in finding the arrangement is a tax shelter lacking economic substance.

  • April 22, 2026

    Mass. Justices Reject Additional Rules For Punitive Damages

    Massachusetts' highest court on Wednesday rejected a bid by Philip Morris USA Inc. to impose rules aimed at curbing big-dollar punitive damages awards, declining to wipe out or further reduce a verdict against the tobacco company that was already slashed from $1 billion to $56 million.  

  • April 22, 2026

    Uber, DoorDash Can't Pause NYC Tip Prompt Laws On Appeal

    Uber and DoorDash cannot temporarily block New York City laws regulating how they display gratuity options as an appeal moves forward, the Second Circuit ruled, finding the companies failed to show that an injunction is warranted.

  • April 22, 2026

    High Court Revives Military Vet's Injury Claims

    The U.S. Supreme Court ruled Wednesday that Fluor Corp. can be held liable for a veteran's state-based injury claims stemming from a 2016 suicide bombing in Afghanistan, saying his claims are not preempted by the Federal Tort Claims Act.

  • April 22, 2026

    Justices Won't Move Mich. Pipeline Suit To Federal Court

    The U.S. Supreme Court on Wednesday refused to overturn a Sixth Circuit decision that rebuffed Enbridge's efforts to transfer from state court to federal court a lawsuit from Michigan Attorney General Dana Nessel seeking to shut down a pipeline between the U.S. and Canada.

  • April 21, 2026

    5th Circ. OKs Ten Commandments In Texas Public Schools

    The full Fifth Circuit Tuesday narrowly signed off on a Texas law requiring public schools to post copies of the Ten Commandments in classrooms, ruling that the law is indeed constitutional and reversing a lower court's injunction blocking the measure.

  • April 21, 2026

    Trump's Sullivan & Cromwell Attys Head To Gibson Dunn

    Gibson Dunn & Crutcher LLP announced Tuesday it is amping up its appellate practice with the addition of four Sullivan & Cromwell LLP litigators, including former acting Solicitor General Jeffrey B. Wall and Morgan L. Ratner, who have worked on the appeal of President Donald Trump's New York hush money conviction.

  • April 21, 2026

    Ohio Appeals Panel Questions Google Common Carrier Case

    An Ohio appeals panel raised several questions on Tuesday about the manageability of a bid to designate Google's search engine as a common carrier and whether the effort would regulate online speech.

  • April 21, 2026

    NJ Panel Rejects Arbitration In Wrongful Death Suit

    A staffing company and New Jersey's public transportation provider must face in court claims they negligently caused a vehicle crash that killed a woman, a state appeals court ruled, saying there isn't proper evidence to support the claim the woman signed an arbitration clause.

  • April 21, 2026

    Breyer Says 'Shadow Docket' Not A Top Court Power Grab

    Retired U.S. Supreme Court Justice Stephen Breyer said Tuesday that the rise of the so-called shadow docket is a consequence of the post-COVID era and not a bid to usurp influence by the high court. 

  • April 21, 2026

    Georgia Panel Tosses $123K Fee Award After Defense Win

    A Georgia appellate panel tossed on Tuesday an award of $123,000 in attorney fees to defense counsel after their win in a medical malpractice trial, ruling that a state judge failed to show how she arrived at the figure.

  • April 21, 2026

    Texas Court Weighs If $42M Gas Trespass Verdict Is Time-Barred

    A Texas appellate court wanted to know when the clock started ticking to file suit in a trespassing case involving an energy company that allegedly interfered with nearby wells by injecting toxic gas underground, asking Tuesday whether the nearly $42 million verdict against the energy company should stand.

  • April 21, 2026

    Justices Look Split In 7th Amendment Feud Over FCC Fines

    Several U.S. Supreme Court justices seemed convinced Tuesday that Federal Communications Commission fines are nonbinding unless enforced and don't deprive alleged rule violators of the right to a jury trial, but some colleagues still questioned whether the parties sanctioned by the agency have a meaningful chance of facing a jury.

  • April 21, 2026

    IP Notebook: Global Copyright, ChatGPT TM, Rogers Test

    This round of Law360's look at emerging copyright and trademark issues includes a forthcoming U.S. Supreme Court appeal with global implications for copyrights, and OpenAI's setback in its effort to register "ChatGPT" as a trademark.

  • April 21, 2026

    7th Circ. Says Fed. Laws Don't Preempt Wis. Vape Sale Ban

    The Seventh Circuit declined Tuesday to revive vaping interest groups' bid to halt enforcement of a Wisconsin law banning sales of e-cigarettes that aren't approved by the U.S. Food and Drug Administration, finding federal law doesn't preempt the state's authority to regulate the marketing and sales of tobacco products. 

  • April 21, 2026

    Copyright Head Touts 6,000 Registrations Of Human-AI Works

    The U.S. Copyright Office has issued more than 6,000 registrations for works that incorporate artificial intelligence-generated materials and follow the agency's guidance for combined human-made and AI-created works, U.S. Copyright Office leader Shira Perlmutter said Tuesday.

Expert Analysis

  • 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.

  • 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.

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