Appellate

  • May 22, 2026

    Khalil Seeks Justices' Review Of 3rd Circ. Detention Ruling

    Mahmoud Khalil said Friday that he will turn to the U.S. Supreme Court after the full Third Circuit declined to rehear a split panel decision overturning district court orders releasing him from immigration detention and prohibiting his retention and removal.

  • May 22, 2026

    4th Circ. Revives Suit Accusing Cops Of Faking Evidence

    The Fourth Circuit has ruled in a published opinion that two brothers who were wrongfully convicted of murder two decades ago can move forward with claims that detectives with the Baltimore Police Department coerced a key witness into falsely asserting their role in the crime.

  • May 22, 2026

    4th Circ. Says Atty's Hospital Fraud Claims Not Med Mal

    The Fourth Circuit has revived an attorney's suit against a Maryland hospital, saying while the claims may be related to medical malpractice that he alleges he suffered under a doctor working at the hospital, the fraud and conspiracy claims are not medical malpractice.

  • May 22, 2026

    Health Workers Say US Solicitor Wrong In NY Vax Case

    The U.S. solicitor general's position that the nation's highest court shouldn't take up a religious bias suit over a New York state COVID-19 vaccine mandate for healthcare workers incorrectly claimed that accommodations were obtainable, the mandate's challengers told the justices Friday.

  • May 22, 2026

    Fed. Circ. Won't Save Aerial Imagery Roof-Measuring Patents

    The Federal Circuit on Friday refused to revive a pair of patents covering a system for measuring a roof by using aerial imagery, rejecting the patent owner's arguments over how the Patent Trial and Appeal Board interpreted key phrases.

  • May 22, 2026

    Disney, Cameron Look To Escape Suit Over 'Avatar' Sequels

    Disney, film director James Cameron and his production company, Lightstorm Entertainment Inc., are urging a California federal judge to throw out a suit alleging the sequels in the "Avatar" movie franchise ripped off a writer's ideas, calling most of the case a "conspiratorial fantasy."

  • May 22, 2026

    USPTO Tells Justices To Skip Dolby Interested Party Case

    The U.S. Patent and Trademark Office has urged the U.S. Supreme Court to reject Dolby Laboratories' appeal seeking to require Unified Patents to name the interested parties in a patent challenge, saying Dolby lacks standing and that revised USPTO policies now require such disclosures in future cases.

  • May 22, 2026

    7th Circ. Not Sure 'Call' Means 'Text' Under TCPA

    Seventh Circuit panelists have expressed skepticism that text messages could be considered "telephone calls" under the Telephone Consumer Protection Act's do-not-call provisions.

  • May 22, 2026

    $30M In Tax Fraud Penalties Didn't Need Juries, Justices Told

    The IRS did not violate a group of taxpayers' rights to jury trials when it hit them with more than $30 million in penalties for tax fraud, the agency told the U.S. Supreme Court, maintaining that the Eleventh Circuit's decision to deny them juries should stand.

  • May 22, 2026

    Wis. Justices Turn Away Skechers' License Deal Tax Fight

    Wisconsin's top court let stand a ruling that found Skechers USA lacked purpose — other than avoiding taxes — for creating a subsidiary and entering into transactions with it that resulted in the company claiming nearly half a billion dollars in deductions in the state.

  • May 22, 2026

    Fed. Circ. Restores $82M Award Against Ford In IP Fight

    The Federal Circuit on Friday reinstated a jury's $82.3 million contract award to Versata Software Inc. against Ford Motor Co. and ordered a new trial on trade secret damages, finding in a precedential decision that the lower court improperly limited available damages theories.

  • May 22, 2026

    Google Urges DC Circ. To Nix DOJ's Search Win

    Google told the D.C. Circuit Friday the government is using antitrust law to punish a successful competitor as it looks to overturn a trial court's ruling finding that Google illegally maintained its search monopoly.

  • May 22, 2026

    'Can't Just Make Up Names And Sue,' 7th Circ. Judge Says

    A Seventh Circuit judge rebuked a lawyer for naming a "made up" entity, rather than the correct institution, in a workplace sexual harassment lawsuit against the Wisconsin Court System and a former judge, demanding the error be corrected immediately.

  • May 22, 2026

    Justices Won't Upend Ruling Making Ga. Ethics Claims Public

    The U.S. Supreme Court refused Friday to vacate an Eleventh Circuit ruling that allowed Georgia's judicial watchdog to publicize allegations that two unsuccessful Georgia Supreme Court candidates violated ethics rules, shortly after the pair argued the election did not moot the case.

  • May 22, 2026

    States Tell Justices Colo. Climate Suit Threatens Sovereignty

    Florida, Texas, Pennsylvania and 23 other states urged the U.S. Supreme Court to reverse a Colorado Supreme Court ruling that allowed local communities to pursue climate change damages under state law, arguing it jeopardizes states' constitutional right to govern themselves.

  • May 22, 2026

    Prosecutors Seek $1.98M Forfeiture In Goldstein Case

    Federal prosecutors are seeking a nearly $2 million forfeiture judgment against convicted SCOTUSblog founder Tom Goldstein and asking a Maryland federal judge to turn the Supreme Court lawyer's Northwest D.C. home over to the government to pay it.

  • May 22, 2026

    Port Authority's Immunity Bid Fails In Pier Project Row Appeal

    The Connecticut Port Authority cannot assert sovereign immunity to dodge a subcontractor's lawsuit over unpaid work on a pier project because it is not an "arm of the state," an appellate panel found Friday.

  • May 22, 2026

    Ky. Mom Brings School Survey Copyright Case To High Court

    A Kentucky mother has asked the U.S. Supreme Court to hear her case seeking a copy of a student mental-health survey against Pearson and her local school district, saying the case presents an important question about whether courts can decide whether it's fair use to request copyrighted materials under state open records law.

  • May 22, 2026

    11th Circ. Backs Ga. Cops' Immunity In Drug Detention

    The Eleventh Circuit backed an early win Friday for four Georgia police officers accused of unlawfully seizing and using excessive force against a woman suspected of overdosing, relying upon a recent U.S. Supreme Court decision holding that the probable cause standard doesn't apply to "emergency aid" situations.

  • May 22, 2026

    6th Circ. Says Insurer Owes Coverage For Ohio Building Fire

    A Liberty Mutual unit wrongfully denied an Ohio property owner's claim for coverage for a building that burned down during renovation, the Sixth Circuit ruled, finding the policy's requirement to erect a fence around a construction site unenforceable.

  • May 22, 2026

    Seven County's Legacy Still Unwritten A Year Later

    The U.S. Supreme Court's curtailment of federal environmental reviews in Seven County Infrastructure Coalition et al. v. Eagle County was seen as a game changer for project development, but one year later, cautious business sentiment has left its legacy untested.

  • May 21, 2026

    Apple Wants Justices To Review Epic Games Contempt Order

    Apple Inc. has asked the U.S. Supreme Court to weigh in on exactly when and how civil contempt sanctions can be issued for violating a court order, arguing that the Ninth Circuit missed the mark by upholding such sanctions against Apple in its App Store battle with Epic Games.

  • May 21, 2026

    Jules Decision Provides Arbitration Certainty Post-Badgerow

    The U.S. Supreme Court's unanimous decision last week finding that federal courts that have sent a dispute to arbitration have jurisdiction in subsequent enforcement proceedings has provided much-needed guidance for practitioners who saw uncertainty sown four years ago following a previous arbitration-related ruling.

  • May 21, 2026

    9th Circ. Says Judge Overstepped In Fluoride Risk Case

    A Ninth Circuit panel scrapped a ruling that directed the U.S. Environmental Protection Agency to take action to address potentially unsafe levels of drinking water fluoridation, concluding a California federal judge improperly commandeered the case.

  • May 21, 2026

    Colo. Appeals Court Says Bank Can't Reach Trust Assets

    A panel for the Colorado Court of Appeals ruled that the Bank of Colorado does not have preferential treatment to a man's portion of his mother's trust fund, and that the lower court was wrong to find that claim preclusion applied because of a stay order in a bankruptcy case.

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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