Appellate

  • May 14, 2026

    Justices Say Freight Brokers Can Face Negligence Suits

    The U.S. Supreme Court said Thursday that freight brokers might also be liable under state law for selecting unsafe motor carriers that then get into highway crashes that kill or injure people, offering long-sought clarity on liability standards in a commercial trucking industry unnerved by supersized verdicts against carriers and drivers.

  • May 13, 2026

    Rebel Wilson Can't Defeat Calif. Defamation Suit On Appeal

    California appellate justices upheld an order denying Rebel Wilson's bid to ax a defamation suit alleging she spread lies about producers of the movie "The Deb," and whom she accused of embezzlement and sexually harassing the lead actress, ruling Wednesday there's evidence to support Wilson knew her statements were likely untrue. 

  • May 13, 2026

    Ore. Justices Urged To Reverse PacifiCorp Appeal Win

    Property owners urged the Oregon Supreme Court Wednesday to overturn a decision wiping out their wildfire damages verdict against PacifiCorp, saying the ruling leaves the state "without a workable framework" for class trials and citing "unfortunate appearance-of-justice concerns" regarding the judge who wrote the opinion.

  • May 13, 2026

    EPA Must Reconsider Flame Retardant Regs, 9th Circ. Says

    The U.S. Environmental Protection Agency must revisit rulemaking on a flame retardant known as decaBDE, a Ninth Circuit panel said Wednesday, agreeing with a Native American tribe and environmental groups that the federal agency failed to adequately explain its past decisions declining to further regulate the chemical's disposal.

  • May 13, 2026

    Fed. Circ. Won't Save Actelion's Suit Over Hypertension Drug

    The Federal Circuit on Wednesday upheld a lower court's rejection of Actelion Pharmaceuticals' patent case against Viatris Inc. over its planned generic version of Actelion's hypertension drug, finding no issues with the court's approach to pH measurement in the patent.

  • May 13, 2026

    4th Circ. Says Prison Misconduct Sank Sentence Cut Bid

    The Fourth Circuit has ruled that a Virginia man convicted of illegal ammunition possession should be made to serve an entire federal sentence, despite being eligible for a reduction under recently revised sentencing guidelines.

  • May 13, 2026

    1st Circ. Doubts Trump Admin's 3rd-Country Removal Policy

    The First Circuit on Wednesday questioned the sufficiency of a country's diplomatic assurances that a noncitizen won't be persecuted or tortured if the Trump administration deports them there, and whether such assurances eliminate obligations to provide notice to the deportee.

  • May 13, 2026

    2nd Circ. Backs Fed Reserve's Power To Cut Master Accounts

    The Federal Reserve has broad discretion to cut financial institutions off from master accounts, the Second Circuit ruled Wednesday, rejecting a Puerto Rico bank's argument that it has a statutory right to what is commonly referred to as "bank accounts for banks."

  • May 13, 2026

    Ex-Client Can Relitigate Malpractice Suit Over Workers' Comp

    An Illinois appellate panel has reversed a summary judgment win for a Chicago attorney and her law firm in a legal malpractice dispute, saying a jury must evaluate whether her ex-client lost his workers' compensation case because of her failure to introduce a medical expert's opinion or whether he could have prevailed on appeal had the attorney filed one.

  • May 13, 2026

    NCAA Says Injunction Mooted WVU Players' Eligibility Suit

    The NCAA has asked a West Virginia federal judge to toss the antitrust suit of four football players, arguing that the athletes lack standing because a preliminary injunction that allowed them to play during the 2025-26 season remedied their alleged injuries.

  • May 13, 2026

    Pa. School OK To Remove List Of 'Infamous' Strikebreakers

    A divided Pennsylvania appeals panel on Wednesday held that administrators at a Pennsylvania university were allowed to remove a list of "infamous" strike-breaking union faculty members from a public bulletin board, even though the posting itself was legally protected.

  • May 13, 2026

    4th Circ. Judge Flags Energy Shortage Harms In Pipeline Fight

    A Fourth Circuit judge on Wednesday appeared less than pleased with counsel for a collection of environmental groups during a hearing to consider halting construction on an interstate pipeline, calling attention to the "one sentence" devoted to the public harm of ongoing energy shortages.

  • May 13, 2026

    Florida Panel Orders Evidence Suppressed In Cockfighting Case

    A man convicted of cockfighting and animal cruelty should have had the evidence against him suppressed, a Florida appeals court found Wednesday, saying in a reversal that because the state couldn't provide proof that there was a warrant to search his property, nothing officers discovered there could be used.

  • May 13, 2026

    Arbitrators See Global Stakes In Trump BigLaw EO Fight

    Ahead of a D.C. Circuit hearing on Thursday in the Trump administration's effort to revive executive orders imposed against four BigLaw firms, an official at the College of Commercial Arbitrators told Law360 this week there are several things arbitrators are going to be watching for.

  • May 13, 2026

    Conn. Justices Unsure Foreclosure Rule Changed In 2022

    Connecticut Supreme Court justices expressed doubt Wednesday that a 2022 opinion silently overturned a decades-old standing rule in foreclosure cases, musing about whether the General Assembly's choice to stay on the sidelines and the standards of other states meant that the original decision was right all along.

  • May 13, 2026

    Full 5th Circ. Weighs Jackson, Mississippi, Lead Poisoning Claims

    The full Fifth Circuit on Tuesday weighed whether to keep intact a lawsuit alleging the city of Jackson, Mississippi, poisoned its residents by allowing lead to leach into the water supply, asking what level of lead in the water would constitute "shocking the conscience."

  • May 13, 2026

    Mich. Panel Revives FOIA Suit, Finds Defense Frivolous

    A Michigan appellate panel partly revived a Freedom of Information Act lawsuit against a Detroit-area prosecutor's office, ruling that the office failed to adequately justify withholding records related to threats against the prosecutor and her staff, while also finding that one of its legal defenses was frivolous and sanctionable. 

  • May 13, 2026

    Tesla Shareholders Appeal Suit Dismissal Tied To Texas Move

    Tesla shareholders, whose breach of fiduciary duty suit against Elon Musk and the automaker's directors was dismissed last month following the company's move to Texas, appealed the dismissal to the Delaware Supreme Court on Wednesday.

  • May 13, 2026

    10th Circ. Considers Fire Chief's Immunity In Termination Suit

    A Colorado fire chief urged the Tenth Circuit Wednesday to find a lower court erred in denying him qualified immunity after terminating a union president, with the three-judge panel questioning the relationship between the union's collective bargaining agreement and the U.S. Constitution's requirements.

  • May 13, 2026

    Fla. Law Makes Lyft Immune To Passenger's Assault Suit

    A Florida state appeals court ruled Wednesday that a state law shielding Lyft and other ride-hailing companies from liability bars a suit over a driver's alleged assault of a passenger, noting that the law's immunity provision is "very broad."

  • May 13, 2026

    Fla. Court Revives Killer's Bid Over Witness Recantation

    A Florida appeals court reversed a lower court's order denying a convicted murderer's motion for postconviction relief based on newly discovered evidence, ruling Wednesday that the trial court should have held an evidentiary hearing on the evidence.

  • May 13, 2026

    10th Circ. Doubts Bid To Undo Colo. Land Swap

    A Tenth Circuit panel appeared unsure that an appraisal of a land exchange between the federal government and a private landowner must be publicly disclosed under federal law, despite claims to the contrary from an attorney representing Colorado Wild Public Lands at oral argument Wednesday.

  • May 13, 2026

    Native Activist Urges Justices To Uphold Assault Ruling

    An Indigenous activist is asking the U.S. Supreme Court to deny a federal government petition that looks to overturn a Tenth Circuit decision that said he can't be convicted of simple assault under the Major Crimes Act, telling the justices that the government's "bizarre" arguments flout the law's plain text.

  • May 13, 2026

    Fed. Circ. Backs Google PTAB Wins That Moot $12M Verdict

    The Patent Trial and Appeal Board properly invalidated all claims of the five Flypsi Inc. telecom patents Google LLC was found to infringe, the Federal Circuit said Wednesday.

  • May 13, 2026

    Creek High Court Ends Freedmen Citizenship Contempt Bid

    The (Muscogee) Creek Supreme Court won't hold the tribe's citizenship board or executive branch in contempt over an order that gives citizenship to those once enslaved by the Indigenous nation, saying the governmental entities have shown that they're taking steps to comply with the directive, albeit slowly.

Expert Analysis

  • 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.

  • 9th Circ. Ruling Clarifies Doc Protection Limits In Gov't Probes

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    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.

  • Berk May Spur More Pushback Against Med Mal Gatekeeping

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    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.

  • Getting The Most Out Of Learning And Development Programs

    Excerpt from Practical Guidance
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    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.

  • A Shift In Fed. Circ.'s Approach To Patent Summary Judgment

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    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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