Appellate

  • May 19, 2026

    She Has A Point: Sheppard's Michelle Replogle

    When Michelle Replogle of Sheppard and Nitika Gupta Fiorella of Fish & Richardson PC were opponents in a patent case, Fiorella said, Replogle stood out for her expertise and respect, which she showed to everyone regardless of their experience or whom they represented in the litigation.

  • May 19, 2026

    Calif. Urges 9th Circ. To Revive Pay-For-Delay Restrictions

    California urged a Ninth Circuit panel Tuesday to find a Golden State law that bans drugmakers from cutting deals out of state that pay to delay generics competition doesn't violate the U.S. Constitution, arguing that ruling otherwise could jeopardize many longstanding state laws that regulate out-of-state conduct.

  • May 19, 2026

    Premiums To Struggling Insurer Are 'Debts,' Conn. Panel Told

    PHL Variable Insurance Co. life insurance policyholders on Tuesday accused Connecticut's interim insurance commissioner of bankrolling the struggling insurer's rehabilitation by receiving millions without guaranteeing at least some payout, urging a state appeals court to reverse a trial judge's conclusion that premiums are not "debts."

  • May 19, 2026

    EU Says $40M Award Against Poland Can't Be Enforced

    The European Commission has told the D.C. Circuit that a Swedish court decision, which dismissed a $40 million arbitral award favoring a commodities trading firm, correctly set aside the award against Poland as incompatible with Swedish and European Union law.

  • May 19, 2026

    4th Circ. Revives Freight Broker Suit After High Court Ruling

    The Fourth Circuit on Monday revived a South Carolina widow's lawsuit alleging that freight broker Echo Global Logistics negligently selected the trucking company involved in the 2022 accident that killed her husband, days after a U.S. Supreme Court ruling established that freight brokers can face state-based tort claims.

  • May 19, 2026

    Apple's Fed. Circ. Review Bid Gets Support In Watch Ban Feud

    Technology industry groups and an organization that often files patent challenges have thrown their support behind Apple's fight against a Federal Circuit panel's finding that the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features.

  • May 19, 2026

    3rd Circ. Upholds Drug, Gun Verdicts Despite Testimony Error

    A man who was sentenced to 16 years in prison for gun and drug offenses cannot have his convictions overturned, the Third Circuit said Tuesday, finding that while he did bring up one error, it was ultimately harmless because the evidence against him was overwhelming.

  • May 19, 2026

    Split 8th Circ. Revives Challenge To NHTSA Brake Light View

    A split Eighth Circuit panel revived a lawsuit Monday by two Arkansas-based distributors of pulsing brake lights, ruling the companies can challenge the National Highway Traffic Safety Administration's letters declaring the products illegal and laying out plans to "threaten" customers with fines.

  • May 19, 2026

    Fed. Circ. Rehearing Sought In $18M Penile Implant Dispute

    The Federal Circuit has been asked to have another look at a decision that largely reversed a California federal jury verdict that awarded $18.3 million to International Medical Devices Inc. in a trade secret case related to penile implants.

  • May 19, 2026

    Hanna Wants 3rd Circ. To Weigh Homebuyers' Antitrust Suit

    Hanna Holdings Inc. urged a Pennsylvania federal court to let the Third Circuit weigh in on the lower court's dismissal orders for a proposed antitrust class action that accuses the real estate brokerage of conspiring with other parties to artificially inflate buyer-broker commission fees.

  • May 19, 2026

    Payroll Vendor Not Care Workers' Employer, 3rd Circ. Says

    A payroll services vendor for Pennsylvania's Medicaid-funded home care program cannot be held jointly liable for unpaid overtime because it did not exercise significant control over caregivers, the Third Circuit ruled Tuesday, affirming the company's bench trial win.

  • May 19, 2026

    11th Circ. Says Two-Dismissal Rule Sinks Boat Insurer's Claim

    An Eleventh Circuit panel on Tuesday said an insurer cannot file its action seeking to avoid coverage for a boat fire a third time, determining that its two previous voluntary dismissals barred any further litigation, even if the first dismissal was by mutual agreement.

  • May 19, 2026

    TikTok Says 'Market Exploitation' Doesn't Give NC Jurisdiction

    TikTok is pushing the North Carolina Supreme Court to throw out claims by the state's attorney general alleging it deceptively marketed its platform as safe for minors, saying the "market exploitation" theory would in effect allow any business that operates on the internet to be hauled into any state court.

  • May 19, 2026

    Revoking Workers' Comp A 'Slippery Slope,' Pa. Justice Says

    A Pennsylvania Supreme Court justice Tuesday warned that cutting off workers' compensation benefits for disregarding a doctor's general health advice, such as not smoking, could be a "slippery slope" that leads to the end of coverage for many across the state.

  • May 19, 2026

    Ill. Justices Wary Of Uber's Push To Arbitrate Fatal Crash Suit

    Illinois Supreme Court justices on Tuesday pressed an attorney for Uber to explain how a widow's arbitration agreement through her own ride-sharing account is applicable to the wrongful death claims she has filed on behalf of her husband, who died as a passenger on a ride booked through his own Uber app. 

  • May 19, 2026

    NJ Plans To Take 3rd Circ. Kalshi Loss To US Supreme Court

    New Jersey plans to seek U.S. Supreme Court review of a recent Third Circuit decision that upheld an injunction on the state's attempt to ban sports prediction markets, according to a joint status report filed by the state and KalshiEx LLC in New Jersey federal court. 

  • May 19, 2026

    DC Circ. Says Solar Cos. Lack Standing Over Grid Upgrade Bill

    The D.C. Circuit on Tuesday tossed solar development companies' claims that a regional transmission organization's flawed methodology led to an assignment of $311 million in grid upgrade costs to facilitate their grid connection requests, finding the developers lack standing.

  • May 19, 2026

    Pa. Panel Won't Undo Arbitration In Airbnb Death Case

    The Pennsylvania Superior Court on Tuesday rejected an appeal by the estate of a man who died while staying at an Airbnb property, saying a recent state high court ruling bars it from reviewing a trial court's decision to send the case to arbitration.

  • May 19, 2026

    Mich. Panel Says Gauze, Gloves Not Tax-Exempt Prosthetics

    A Michigan appellate court panel has affirmed a tax ruling against a medical equipment company, holding that prescription gauze, bandages, gloves, wound dressings and related supplies sold to disabled patients do not qualify as tax-exempt prosthetic devices under the state's General Sales Tax Act. 

  • May 19, 2026

    Ohio Panel Says Incompetence Doesn't Affect State Of Mind

    An Ohio appeals court has ruled that sufficient evidence exists that a man had the state of mind necessary to commit burglary and kidnapping offenses despite later being declared mentally incompetent to stand trial and confined in a mental hospital.

  • 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.

Expert Analysis

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.

  • Contract Disputes Recap: Terminations Galore

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    Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.

  • State Of Insurance: Q4 Notes From Illinois

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    In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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