Appellate

  • May 26, 2026

    US Asks 5th Circ. To Rethink Axing Of Home Distilling Ban

    The U.S. government asked the Fifth Circuit to revisit its April opinion finding the tax code's ban on distilling whiskey at home unconstitutional after another appellate court's opposite conclusion affirmed the ban.

  • May 26, 2026

    Mass. Court Backs City's Civil Service Bypass Despite Flaws

    Gloucester, Massachusetts, officials were justified in bypassing a job candidate for a firefighter position based on some negative feedback, despite a "flawed" background investigation, an intermediate state appellate court said Tuesday.

  • May 26, 2026

    Justices Pass On Fight Over Phone Search During Traffic Stop

    The U.S. Supreme Court won't hear a challenge to the search of a registered sex offender's phone during a traffic stop by Missouri police, leaving in place an Eighth Circuit ruling that the man's consent was valid even after several requests by police.

  • May 26, 2026

    Panel Says Georgia Power Electric Co. Must Face Billing Suit

    A Georgia appeals court on Tuesday revived a suit from a man claiming Georgia Power Electric Co. and a state commission wrongfully tacked a fee onto his electric bill, finding a trial court failed to notify him of a scheduling conference.

  • May 26, 2026

    Justices Deny Fla.'s Bid To Sue Calif., Wash. In Trucking Fight

    The U.S. Supreme Court on Tuesday spurned Florida's bid to file suit alleging California and Washington state flouted federal law by allowing unauthorized immigrants to obtain commercial driver's licenses, but dissenting Justices Clarence Thomas and Samuel Alito said the high court "cannot refuse to hear suits between states."

  • May 26, 2026

    2nd Circ. Eyes Bail For Bribe Case Cooperator: 'Why Not?'

    A Second Circuit judge on Tuesday questioned a Manhattan federal judge's decision to deny bail to prolific cooperator Jona Rechnitz while he appeals a five-month sentence for facilitating bribery inside the New York Police Department and in a law enforcement union, saying the lower court appeared "annoyed" when bail was mentioned.

  • May 26, 2026

    High Court Won't Hear Union Carbide Emissions Row

    The U.S. Supreme Court on Tuesday declined to take up Union Carbide Corp.'s appeal of a Fourth Circuit decision that revived a West Virginia woman's proposed class action over a manufacturing plant jointly owned with Covestro LLC that allegedly exposed nearby residents to ethylene oxide.

  • May 26, 2026

    Justices Order Redo In Immigration Judges' Free Speech Suit

    The U.S. Supreme Court on Tuesday reversed a Fourth Circuit order that had revived the immigration judges union's challenge to restrictions on their ability to speak publicly, finding the lower court abused its discretion by relying on arguments not raised by either party, and ordered further proceedings.

  • May 26, 2026

    Justices Won't Take Suit Against Teamsters Fund Overseers

    The U.S. Supreme Court on Tuesday turned down a Teamsters retiree's bid for review of the dismissal of his proposed class action alleging that union multiemployer plan trustees and advisers allowed risky investments and hefty plan management fees, leaving in place a Second Circuit decision from November.

  • May 26, 2026

    Justices Deny Bishops' Bid For Church Autonomy Review

    The U.S. Supreme Court on Tuesday rejected a request by the U.S. Conference of Catholic Bishops to consider broadening religious protections under the First Amendment, turning away a case that could have helped religious organizations avoid lawsuits entirely or get quick appeals on constitutional autonomy rulings.

  • May 26, 2026

    Justices Sidestep Question On NFL Arbitration Process

    The U.S. Supreme Court on Tuesday declined to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, in a case that sought clarity on whether district courts have authority to decide whether an arbitration process is fair.

  • May 26, 2026

    Justices Rebuff Ohio Freight Broker Case After Montgomery

    The U.S. Supreme Court on Tuesday rebuffed Ohio-based freight broker Total Quality Logistics LLC's bid to invoke federal law to shield it from state-based negligence and personal injury claims over a fatal 2019 accident.

  • May 26, 2026

    Justices Won't Review Mining Co.'s Federal Indemnity Bid

    The U.S. Supreme Court on Tuesday declined to tackle a uranium mining company's lawsuit seeking $15 million in legal costs from the federal government related to nuclear contamination liabilities.

  • May 22, 2026

    Law360 Reveals Titans Of The Plaintiffs Bar

    This past year, 10 lawyers across the country at plaintiffs' firms big and small helped secure millions of dollars in settlements and verdicts for their clients, going up against powerful defendants like Google, Monsanto and the Trump administration, earning the attorneys recognition as Law360's Titans of the Plaintiffs Bar for 2026.

  • May 22, 2026

    Kalshi, Polymarket Can't Move Wash., Nev. Suits To Fed. Court

    Washington and Nevada regulators' lawsuits accusing prediction markets Kalshi and Polymarket of violating state gambling laws can proceed in their respective state courts, a Ninth Circuit panel ruled Thursday, denying the companies' arguments that the actions raise federal questions and thus belong in federal court.

  • May 22, 2026

    NC Justices Clash Over Rate Reviews In Duke Energy Cases

    A divided North Carolina Supreme Court affirmed rate increases a state commission approved for Duke Energy units on Friday, clashing over some justifications for them and the level of review warranted under a regulatory framework that allows utilities to seek multiyear hikes.

  • May 22, 2026

    Mich. Panel Upholds $20M Verdict Despite Improper Closing

    The Michigan Court of Appeals affirmed a $20.6 million verdict for a man who was severely injured when a van struck him while he was snow-blowing his driveway, ruling that the defense could not challenge plaintiff counsel's inflammatory closing arguments because it failed to object at trial.

  • May 22, 2026

    Texas Justices Say Appeal Bond Cap Applies Per Debtor

    A split Texas Supreme Court on Friday found that each debtor of a $400 million judgment is subject to the state's bond cap, finding a joint $25 million bond by a group of three real estate defendants insufficient in their bid to pause collection efforts while they appeal a wrongful-death suit judgment.

  • May 22, 2026

    5th Circ. Seeks 'Sound Basis' To Gauge Water Antitrust Claims

    The Fifth Circuit has remanded a real estate developer's antitrust claims over a Texas city's alleged illegal restraint on retail water utility services, saying a lower court did not give the appeals court a "sound basis" to examine the claims.

  • May 22, 2026

    9th Circ. Judges Skeptical Of Roblox Arbitration Timing

    An email that Roblox Corp. sent to opposing counsel asking for an account username and saying that it was seeking to compel arbitration after it lost a bid to dismiss a parent's suit could be "damning" for the popular gaming company, a Ninth Circuit judge suggested on Friday.

  • May 22, 2026

    Texas Justices Side With AG In Austin Rail Appeal Row

    The Texas Supreme Court chastised a lower court for proceeding to the merits instead of settling a jurisdictional question in litigation relating to the $10 billion price tag for Austin's planned light rail system and related bonds, saying Friday that "nothing about this scenario is as it should be."

  • May 22, 2026

    Pa. Panel Says New Probation Limits Apply Retroactively

    A Pennsylvania appeals court said a man who was mistakenly allowed to move to Wisconsin and have his ankle monitor removed should not face years in prison as a result of the infraction.

  • May 22, 2026

    Fla. Panel Says Past Payment Cut $200K Police Damages Cap

    A Florida state appeals court Friday reversed a judgment against a sheriff found negligent for injuries in a motor vehicle collision, ruling that a prior indemnity for property loss should have reduced the $200,000 statutory cap on damages for individuals injured by local government entities.

  • May 22, 2026

    Ga. Panel Rejects 'Disingenuous' Bid To Dodge Settlement

    A Georgia appellate panel has backed a trial court's decision to enforce a separation settlement between a metro Atlanta city and its former city manager, ruling that he could not escape his attorney's clear-cut acceptance of the city's offer when she wrote that "we have a deal."

  • May 22, 2026

    Nexstar Says It Needs Tegna Deal To Compete With Big Tech

    Nexstar Media Group Inc. told a California federal court it needs to merge with Tegna Inc. to compete more effectively, especially with streaming services owned by the Big Tech giants, as it faces a challenge to the deal from state enforcers and DirecTV.

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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