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Appellate
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April 21, 2026
Trump's Sullivan & Cromwell Attys Head To Gibson Dunn
Gibson Dunn & Crutcher LLP announced Tuesday it is amping up its appellate practice with the addition of four Sullivan & Cromwell LLP litigators, including former acting Solicitor General Jeffrey B. Wall and Morgan L. Ratner, who have worked on the appeal of President Donald Trump's New York hush money conviction.
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April 21, 2026
Ohio Appeals Panel Questions Google Common Carrier Case
An Ohio appeals panel raised several questions on Tuesday about the manageability of a bid to designate Google's search engine as a common carrier and whether the effort would regulate online speech.
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April 21, 2026
NJ Panel Rejects Arbitration In Wrongful Death Suit
A staffing company and New Jersey's public transportation provider must face in court claims they negligently caused a vehicle crash that killed a woman, a state appeals court ruled, saying there isn't proper evidence to support the claim the woman signed an arbitration clause.
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April 21, 2026
Breyer Says 'Shadow Docket' Not A Top Court Power Grab
Retired U.S. Supreme Court Justice Stephen Breyer said Tuesday that the rise of the so-called shadow docket is a consequence of the post-COVID era and not a bid to usurp influence by the high court.Â
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April 21, 2026
Georgia Panel Tosses $123K Fee Award After Defense Win
A Georgia appellate panel tossed on Tuesday an award of $123,000 in attorney fees to defense counsel after their win in a medical malpractice trial, ruling that a state judge failed to show how she arrived at the figure.
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April 21, 2026
Texas Court Weighs If $42M Gas Trespass Verdict Is Time-Barred
A Texas appellate court wanted to know when the clock started ticking to file suit in a trespassing case involving an energy company that allegedly interfered with nearby wells by injecting toxic gas underground, asking Tuesday whether the nearly $42 million verdict against the energy company should stand.
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April 21, 2026
Justices Look Split In 7th Amendment Feud Over FCC Fines
Several U.S. Supreme Court justices seemed convinced Tuesday that Federal Communications Commission fines are nonbinding unless enforced and don't deprive alleged rule violators of the right to a jury trial, but some colleagues still questioned whether the parties sanctioned by the agency have a meaningful chance of facing a jury.
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April 21, 2026
IP Notebook: Global Copyright, ChatGPT TM, Rogers Test
This round of Law360's look at emerging copyright and trademark issues includes a forthcoming U.S. Supreme Court appeal with global implications for copyrights, and OpenAI's setback in its effort to register "ChatGPT" as a trademark.
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April 21, 2026
7th Circ. Says Fed. Laws Don't Preempt Wis. Vape Sale Ban
The Seventh Circuit declined Tuesday to revive vaping interest groups' bid to halt enforcement of a Wisconsin law banning sales of e-cigarettes that aren't approved by the U.S. Food and Drug Administration, finding federal law doesn't preempt the state's authority to regulate the marketing and sales of tobacco products.Â
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April 21, 2026
Copyright Head Touts 6,000 Registrations Of Human-AI Works
The U.S. Copyright Office has issued more than 6,000 registrations for works that incorporate artificial intelligence-generated materials and follow the agency's guidance for combined human-made and AI-created works, U.S. Copyright Office leader Shira Perlmutter said Tuesday.
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April 21, 2026
9th Circ. Orders New Insider-Trading Trial Over Juror Bias
A Ninth Circuit panel on Tuesday ordered a new trial for a Los Angeles man convicted of insider trading on tips from a JPMorgan Chase analyst, holding that a lower court erred by not excusing a juror who expressed concerns about his ability to be fair.
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April 21, 2026
Board Says Opposition To Gangs Not Enough For Asylum
Disapproval of criminal gangs or opposition to them is not enough to establish a protected political opinion for asylum purposes, the Board of Immigration Appeals ruled on Tuesday, affirming an immigration judge's denial of an El Salvadoran woman's application.
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April 21, 2026
Ex-Tesla Worker Tells 9th Circ. That Arbitration Was Flawed
A Black former Tesla employee told a Ninth Circuit panel Tuesday that the company's win in arbitration over his race discrimination claims shouldn't stand because the process was administered improperly, while the electric vehicle company countered that the arbitrator was well within her authority.
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April 21, 2026
Conn. High Court Says Brady Duty Reaches Old Case Files
The Connecticut Supreme Court on Tuesday affirmed a man's murder conviction but overturned part of a lower court's decision that found state prosecutors were not obligated to disclose that a state's witness in his trial gave false testimony in another case.
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April 21, 2026
Del. Supreme Court Upholds Ruling On Truth Social Shares
The Delaware Supreme Court has affirmed a lower court ruling granting additional stock to the founding shareholder in the company that took President Donald Trump's Truth Social Media public, turning away a request from the shareholder for a second shot to prove it is owed even more shares.
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April 21, 2026
DC Circ. Won't Ax US Bid To Seize Iranian Oil From 2 Tankers
The D.C. Circuit ruled Tuesday that the U.S. can proceed with seizing more than 700,000 barrels of crude oil from two tankers linked to Iran's state oil company, rejecting a Turkish company's attempt to assert ownership over the oil.Â
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April 21, 2026
11th Circ. Says Builders Can't Block Biden-Era Labor Mandate
An association of builders failed to show it would succeed on its claims challenging a Biden-era executive order requiring labor agreements for all federal contracts exceeding $35 million, the Eleventh Circuit ruled, affirming a federal court's decision rejecting the group's request for an injunction.
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April 21, 2026
Atty Loses Latest Bid To Delay Prison In $22M Tax Fraud Case
The U.S. Bureau of Prisons is capable of handling a St. Louis attorney's outpatient needs, a North Carolina federal judge said, denying her request to delay her prison report date after she was convicted of helping perpetrate a $22 million tax fraud scheme.
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April 21, 2026
FHFA Says High Court Ruling Dooms Shareholder Verdict
An attorney for the Federal Housing Finance Agency told the D.C. Circuit on Tuesday that the agency had clear authority to act in its own interest as conservator for Fannie Mae and Freddie Mac in the wake of the 2008 housing market crash rather than prioritize the interest of the companies' shareholders.
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April 21, 2026
Texas Panel Says Flooding Fact Issues Save Malpractice Suit
A Texas appellate court on Tuesday kept in play a property owner's malpractice case accusing a Houston law firm of negligent representation over flood damage claims, ruling that factual disputes remain over whether the claims were time-barred.
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April 21, 2026
Fed. Circ. Keeps Banner Witcoff And Saiber Off Patent Case
The Federal Circuit kept intact the disqualification of two law firms from a patent ownership fight on Tuesday, saying it had not been shown a district judge made a clear error in removing them.
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April 21, 2026
Fed. Circ. Backs Micron PTAB Win Over Axed Chip Patents
The Federal Circuit on Tuesday refused to revive a pair of semiconductor chip patents that Micron Technology was accused of infringing in Idaho federal court, backing the Patent Trial and Appeal Board's findings that they were invalid.
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April 21, 2026
11th Circ. Mulls Septic Permit Ban In Fla. Manatee Dispute
The Eleventh Circuit on Tuesday considered vacating an injunction requiring Florida environmental regulators to temporarily stop issuing new septic tank permits over concerns for the well-being of manatees, with one judge appearing concerned that the ban didn't do enough to address pollution.
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April 21, 2026
Kalshi, Tribes Must Weigh In On Pause For 9th Circ. Ruling
A California federal judge on Tuesday ordered Golden State indigenous groups, KalshiEx Inc. and Robinhood to explain why their fight over allegedly illegal gambling shouldn't be paused pending the Ninth Circuit's decision in a case determining whether Nevada can enforce state gambling laws against prediction markets.
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April 21, 2026
2nd Circ. Chilly To Additional Discovery In Cigna Pension Suit
The Second Circuit on Tuesday seemed reluctant to restart proceedings in a long-running suit against Cigna from retirees who challenged changes to their pensions, appearing unwilling to upend a decision to turn down post-judgment discovery in the class action.
Expert Analysis
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How Justices' GEO Ruling Resets Gov't Contractor Litigation
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.
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Appellate Strategy Lessons From Pa. Excess Coverage Ruling
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.
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Defense Counsel Options Widen As No-Bill Rate Increases
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.
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How Cos. Can Prepare For 'Made In America' Ad Scrutiny
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.
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Similar-Looking Designs May Not Always Prove Infringement
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.
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Series
Mich. Banking Brief: All The Notable Legal Updates In Q1
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.
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Pension Case Offers Entertainment Work Exception Insights
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.
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Justices' Ruling Stresses Quick Action Against Absconders
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.
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Justices May Hesitate To Limit Courts' Arbitration Review
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.
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Series
Ultramarathons Make Me A Better Lawyer
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.
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State FARA Laws Pose Unique Constitutional Challenges
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.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
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.
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Determining When Engineered Biologics May Be Patentable
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.
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In First For DOJ, Action Signals New CFIUS Enforcement Era
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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6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto
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.