Appellate

  • May 15, 2026

    IRS Asks Fed. Circ. To Overturn COVID-Era Deadline Ruling

    The IRS announced Friday that it will ask the Federal Circuit to overturn a claims court decision allowing a California business owner to recover penalties and interest he had tried to get refunded during the COVID-19 pandemic, challenging an interpretation that offered potential relief for others. 

  • May 15, 2026

    Minn. Twins Doctor Can't Claim Immunity In Player Death Suit

    A doctor employed by the Minnesota Twins can't claim immunity in a lawsuit alleging he failed to diagnose a heart condition in a ballplayer that led to his death, a Florida appeals panel ruled on Friday.

  • May 15, 2026

    4th Circ. Hands Express Scripts Jury Trial In W.Va. Opioid Suit

    The Fourth Circuit on Friday issued a writ of mandamus backing Express Scripts Inc.'s right to a jury trial in litigation over the pharmacy benefit manager's alleged role in contributing to the opioid crisis in West Virginia.

  • May 15, 2026

    Michigan Says DOE Lacked Crisis To Extend Coal Plant Life

    A D.C. Circuit panel attempted Friday to find the limit on the U.S. Department of Energy's emergency authority to keep power plants running without a regional utility's request, with Michigan arguing that no emergency existed to justify the federal government's orders to keep a Consumers Energy plant online.

  • May 15, 2026

    Calif. Murder Conviction Tossed Over Bad Jury Instructions

    A man convicted of second-degree murder and sentenced to up to life in prison must have a new trial as a result of improper jury instructions that were modified by a judge to conflict with actual state laws, a California appeals court has determined.

  • May 15, 2026

    Burford Tells Justices 3rd Circ. Botched Arbitration Question

    Litigation funder Burford Capital is urging the U.S. Supreme Court to reverse a Third Circuit decision dismissing on jurisdictional grounds its bid to arbitrate a dispute relating to German antitrust litigation, arguing that the appeals court committed a "fundamental error."

  • May 15, 2026

    9th Circ. Won't Revisit Wash. Professor Free Speech Ruling

    The Ninth Circuit won't revisit a decision saying the University of Washington violated a computer science professor's First Amendment rights after he voiced opposition to the school's policy that acknowledges Indigenous tribes as the traditional caretakers of the campus' land.

  • May 15, 2026

    Detroit-Area School Found Immune In Suit Over Student Injury

    The Michigan state appeals court has said a Detroit-area school district is not liable for a student's finger being amputated after a school bus-boarding mishap because the district is protected by governmental immunity from negligence lawsuits.

  • May 15, 2026

    Texas Justices Revive Anti-SLAPP Bid In Abortion Fund Suit

    The Texas Supreme Court on Friday revived a woman's anti-SLAPP bid in an abortion fund's suit against her, holding that the suit was filed in response to the woman's earlier attempt to investigate the fund's deputy director for potential violations of state abortion law.

  • May 15, 2026

    Alex Jones Can 'Freely Compete' With Infowars, Court Told

    The operator of Infowars says bankrupt broadcaster Alex Jones has a legal right to "freely compete" with his former outlet, telling a Texas appeals court the website shut down because a court-appointed receiver failed to pay a third-party streaming service, not because Jones absconded with its property.

  • May 15, 2026

    6th Circ. Upholds $10M Verdict Against Detective In Brady Suit

    The Sixth Circuit has upheld a $10 million jury verdict for a Michigan man who spent more than six years in prison before prosecutors concluded he was not guilty of murder, ruling that a Detroit detective could not use the man's vacated conviction to block his civil rights suit.

  • May 15, 2026

    NC Social Worker Wants Resentencing In Medicaid Fraud Suit

    A clinical social worker in North Carolina serving more than 11 years in prison on healthcare fraud charges is challenging her sentence in the Fourth Circuit, saying Thursday that a lower court used overly generalized findings to apply a vulnerable victim sentence enhancement.

  • May 15, 2026

    6th Circ. Won't Rehear Kellogg, FedEx Mortality Table Suits

    The Sixth Circuit on Friday refused to rethink a panel's earlier decision that revived two proposed class actions against cereal giant Kellogg and transportation company FedEx in which retirees allege that their pension payments were lowballed due to outdated mortality tables used in conversions.

  • May 15, 2026

    American Airlines Must Face Suit Over Teen's In-Flight Death

    The Fifth Circuit partially revived a lawsuit claiming American Airlines caused a teen's death when an on-flight defibrillator used to shock his heart allegedly malfunctioned, ruling that a genuine dispute remains whether the airline equipped the flight with a working defibrillator as required by the Federal Aviation Administration.

  • May 15, 2026

    Panel Fights Fla. Judge's Bid To Rethink Ethics Ruling

    A judicial panel is arguing a "key premise" is "incorrect" in a Florida appellate judge's bid for reconsideration of the denial of her motion to dismiss allegations that she attempted to influence lower court proceedings for an incarcerated man formerly on death row.

  • May 15, 2026

    Trade Probes Likely To Be Strong Bulwark For Trump's Tariffs

    President Donald Trump will likely deploy new tariffs this summer across numerous countries under a law that provides the federal government with its strongest legal footing yet in federal court for a global tariff regime.

  • May 15, 2026

    X.AI Urges 9th Circ. To Block Calif. AI Data Disclosure Law

    Elon Musk's company, X.AI LLC, has asked the Ninth Circuit to overturn a California court's refusal to block a state law that requires artificial intelligence developers to publicly disclose details about their training data, saying the judge's decision was "flawed from top to bottom."

  • May 15, 2026

    Veterans Group Asks Fed. Circ. To Toss VA Abortion Ban Rule

    The U.S. Department of Veterans Affairs violated a federal rulemaking law when it enacted a 2025 regulation that banned abortion care and abortion counseling, a minority veterans group told the Federal Circuit on Friday, asking the court to toss out the rule because it's arbitrary and capricious. 

  • May 15, 2026

    Balancing The Scales: Justices To Revisit Sentencing Rules

    The U.S. Supreme Court will take a closer look at a circuit split over the deference that should be allotted to U.S. Sentencing Commission commentary, and a man convicted in the killing of an infant has been released after 27 years served over evidence that points to pneumonia as the likely cause of death.

  • May 15, 2026

    Girardi Trial Judge Josephine Staton To Take Senior Status

    The California federal judge who sentenced disgraced trial attorney Tom Girardi to prison for wire fraud last year has announced that she'll be taking senior status in the fall, allowing President Donald Trump to appoint her successor.

  • May 15, 2026

    8th Circ. Wells Fargo Ruling Focuses On Establishing Injury

    The Eighth Circuit's recent decision affirming the dismissal of a proposed class action claiming Wells Fargo misspent 401(k) forfeitures won't dissuade workers from filing similar suits, attorneys say, but those plan participants will likely include more details on how they were allegedly hurt.

  • May 15, 2026

    Fed. Circ. Upholds Tin Tariff Exclusion Rejections For Canner

    A Federal Circuit panel on Friday found the U.S. Department of Commerce didn't violate any rules when it blocked the country's largest vegetable can producer from securing tariff exclusions for its imported tin, affirming a U.S. Court of International Trade ruling.

  • May 15, 2026

    5th Circ. Faults NLRB's Take On Starbucks Worker's Language

    The Fifth Circuit has ordered the National Labor Relations Board to rethink a ruling that Starbucks unfairly fired a union backer who sent profane messages and opened its mail, saying the board did not grapple with evidence showing his "extreme" words were an outlier in a workplace that tolerated some profanity.

  • May 15, 2026

    Judge Splits From Texas High Court In Jail-Courtroom Case

    A judge on the Texas Court of Criminal Appeals has dissented from his colleagues' decision not to accept a petition from a man who said the decision to hold his murder trial inside a county jail violated state law.

  • May 15, 2026

    6th Circ. Backs Machinery Dealer In Fired Worker's FMLA Suit

    The Sixth Circuit declined to revive a worker's suit claiming a heavy machinery dealer fired him for seeking leave to manage his mental health and that his union failed to challenge his termination, ruling he lacked evidence that prejudice informed his firing rather than his performance issues.

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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