Appellate

  • May 19, 2026

    Ala. Power Co. Must Face Coal Ash Claims, 11th Circ. Says

    The Eleventh Circuit has revived a suit alleging Alabama Power Co.'s plan to cap a 21-million-ton coal ash dump violates federal regulations, ruling that the environmental group suing the company clearly had standing and that its suit "should not have been dismissed."

  • May 19, 2026

    DC Urges Panel To Uphold National Guard Injunction

    The District of Columbia said neither federal law nor the D.C. Code authorizes the president's deployment of the D.C. National Guard for law-enforcement activities in the district, urging the D.C. Circuit to uphold an injunction barring the deployment.

  • May 19, 2026

    2nd Circ. Rejects Defunct Soccer League Antitrust Appeal

    A Second Circuit panel on Tuesday refused to grant the North American Soccer League a new antitrust trial against Major League Soccer and soccer's U.S. governing body, concluding that the defunct league waived any arguments about market definition, and even if it didn't, its assertions still fail.

  • May 19, 2026

    FTC Wants 5th Circ. To Pause Appeal In Merger Filing Case

    The Federal Trade Commission asked the Fifth Circuit to put its appeal on hold in a case challenging the agency's effort to overhaul its premerger filing requirements, to give enforcers time to consider developing a new revision.

  • May 19, 2026

    Seeborg's Term As Calif. Northern District Chief Judge To End

    Chief District Judge Richard Seeborg is expected to conclude his time as the top judge for the Northern District of California in July, according to a spokesperson for the judiciary, to be succeeded by U.S. District Judge Yvonne Gonzalez Rogers.

  • May 19, 2026

    Non-Clients Say Katten Attys' 'Double-Cross' Bars Immunity

    Two onetime Katten Muchin Rosenman LLP attorneys accused of violating a joint defense agreement in a federal criminal healthcare fraud investigation should not be able to avail themselves of a Texas attorney immunity doctrine, according to two co-defendants who allege they were offered as "sacrificial lambs" in a "double-cross that would make good fiction."

  • May 19, 2026

    Colo. Justices Say Deceit Law Covers Indirect Actions

    A man's conviction for attempting to influence a public servant was upheld by the Colorado Supreme Court, which ruled that a state law covers defendants who use another person to pass along false information to a public official.

  • May 19, 2026

    Fed. Circ. Restores 2 Patent Suits On Same Standing Issue

    The Federal Circuit on Tuesday reinstated a pair of patent infringement suits from patent owners that licensed their intellectual property to other parties, finding that the companies met the minimum constitutional requirements to show they had standing to sue.

  • May 19, 2026

    Feds Say High Court Should Skip Religious Bias Vax Fight

    The U.S. solicitor general urged the U.S. Supreme Court not to wade into a religious bias case challenging New York's COVID-19 vaccine mandate for healthcare workers, arguing that a Second Circuit decision backing the case's dismissal did not undermine federal civil rights law.

  • May 19, 2026

    Pa. Justices Debate State's Immunity In Roadway Death Suit

    Pennsylvania Supreme Court justices seemed torn Tuesday between the idea that the state's Department of Transportation doesn't "own" everything above and below its roadways and the concept that the agency could duck liability for obvious risks like falling branches or crumbling bridges.

  • May 19, 2026

    Anthropic Says Defense Dept. Smeared It Over AI Red Lines

    Potential splits emerged Tuesday between D.C. Circuit judges questioning the legality of the U.S. Department of Defense's move to bar Anthropic from government contracting, with the AI company claiming it had been targeted and smeared as a national security threat for nothing more than a contract dispute.

  • May 19, 2026

    Fed. Circ. Won't Rehear Chemical Co.'s Duty Refund Dispute

    The Federal Circuit won't reconsider its rejection of a chemical manufacturer's argument that federal law required its claim for a petroleum derivative duty refund to be processed automatically, despite the company's claim that the court misconstrued the relevant law and precedent.

  • May 19, 2026

    Ex-Marketing Workers Take 401(k) Forfeiture Suit To 2nd Circ.

    Two former marketing company employees said they're going to ask the Second Circuit to revive their proposed class action alleging that 401(k) plan forfeitures were misused after a New York federal judge dismissed their case in April.

  • May 19, 2026

    Mass. Justices Say Profs Can Face Student Harassment Suits

    Massachusetts' highest court found Tuesday that the state's sexual harassment laws allow for suits against individuals in the academic world as well as their educational institutions, reviving a claim against a former MIT-affiliated lab director.

  • May 19, 2026

    Aspiring Georgia Justices Take Ethics Case To High Court

    A pair of plaintiffs attorneys running to unseat Republican-appointed justices on the Georgia Supreme Court asked the U.S. Supreme Court to vacate an Eleventh Circuit ruling that allowed Georgia's judicial watchdog to issue public statements about ethics violations they are accused of committing.

  • May 18, 2026

    Boeing Owed Duty To Worker's Future Kid, Wash. Panel Says

    Boeing must face claims that a factory worker's on-the-job chemical exposure caused birth defects in his child, a Washington Court of Appeals panel said in a published ruling Monday, finding that an employer "may be liable for negligence towards an employee's not-yet-conceived offspring."

  • May 18, 2026

    FirstEnergy Urges 6th Circ. To Again Nix Investors' Class Cert.

    FirstEnergy Corp. is once again asking the Sixth Circuit to curb a class action alleging it defrauded investors by hiding its involvement in a $1.3 billion bribery scandal, urging the court to overturn class certification a second time.

  • May 18, 2026

    8th Circ. Backs Mother-Son Convictions In Reservation Murder

    A split Eighth Circuit panel has upheld the sentences of a mother and son convicted of murdering a man on the Cheyenne River Sioux Indian Reservation, rejecting their claims that home surveillance camera footage of the two beating the victim should not have been admitted because of alleged tampering.

  • May 18, 2026

    Marlboro Smoker Was Victim Of Ubiquitous Ads, Jury Hears

    A Florida jury heard opening arguments Monday in a trial over the lung cancer death of a woman who started smoking at a time when Philip Morris was "wallpapering" the nation with pro-smoking messages, her family's lawyer said.

  • May 18, 2026

    Unsafe Carriers Seem Doomed After Freight Broker Ruling

    The U.S. Supreme Court's recent holding that freight brokers can be held liable under state law for the negligent hiring of motor carriers that cause auto collisions is a "monumental" win for highway safety, plaintiffs attorneys said, as dangerous "fly-by-night" trucking companies could be put out of business.

  • May 18, 2026

    7th Circ. Considers Reviving Claims In Wind Farm Contract Row

    A Seventh Circuit panel seemed unconvinced Monday that a jury improperly awarded an Illinois wind farm contractor nominal damages in a subcontractor termination dispute, but suggested the $1 award may still be unwound if the court decides the subcontractor's claims were improperly kept from trial.

  • May 18, 2026

    Madigan Ruling May Offer High Court New Bribery Test

    The Seventh Circuit found enough "overwhelming" evidence last month to sustain the conviction of former Illinois House Speaker Michael Madigan, but a U.S. Supreme Court that's spent years narrowing the reach of public corruption laws may be interested in whether prosecutors proved a sufficiently specific quid pro quo.

  • May 18, 2026

    1st Circ. Keeps Union's Contract With VA Intact During Appeal

    The First Circuit denied a U.S. Department of Veterans Affairs request to shelve its contract with a union representing government workers during an appeal, while also pausing a lower court's order that the VA must abide by grievance procedures in the contract. 

  • May 18, 2026

    3rd Circ. Revives Webuild Asset Bid In $140M Award Feud

    The Third Circuit revived a Chilean construction company's bid to enforce a $140 million arbitral award against Italian construction giant Webuild, alleged successor to award debtor Astaldi SpA, ruling Monday in a precedential opinion that a lower court was wrong to nix the suit on jurisdictional grounds.

  • May 18, 2026

    BofA Can Arbitrate Overdraft Fee Claims, 9th Circ. Says

    Bank of America can arbitrate proposed class action claims over overdraft fees it charges its business checking account customers instead of fighting the allegations before a judicial referee, the Ninth Circuit has determined.

Expert Analysis

  • 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.

  • Considering The Risks That Arise When IP Outlives Its Owner

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    Federal and state court decisions show that the statutory regime for each category of intellectual property promises continuity after the owner's death, but the law does not provide a succession framework for how those rights are to be exercised, says Erin Daly at Daly Law & Strategy.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

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