Appellate

  • May 06, 2026

    Judge Won't Certify Minn. Fraud Question In Cancer Drug MDL

    A New Jersey federal judge won't ask the Supreme Court of Minnesota to weigh in on whether an insurer can pursue claims using a state law typically reserved for the attorney general in litigation alleging drugmaker Celgene used charitable donations to manipulate the price of cancer drugs.

  • May 06, 2026

    10th Circ. Orders Class Cert. In Kansas Gas Royalty Fight

    The Tenth Circuit has ordered the certification of a class action accusing driller Merit Energy Co. of underpaying Kansas gas royalty owners in violation of a previous settlement with Oxy USA Inc., reversing a lower court decision.

  • May 06, 2026

    Mich. Justices Weigh If House Must Send Stalled Bills To Gov.

    Michigan Supreme Court justices heard arguments Wednesday over whether the Republican-controlled House can refuse to present bills passed by the previous Democratic majority in the chamber to the governor, as attorneys for the House and Senate clashed over whether this presentment is a constitutional duty or a legislative process beyond judicial control.

  • May 06, 2026

    High Court Rejects Apple's Bid To Pause App Store Ruling

    The U.S. Supreme Court on Wednesday rejected Apple's request to pause a mandate in the case from Epic Games that directs a lower court to determine what commission Apple can charge developers for purchases made outside of its app store through links.

  • May 06, 2026

    Calif. Justices Seem Divided On Gilead HIV Negligence Claim

    The California Supreme Court appeared split Wednesday over whether Gilead should face a negligence claim for allegedly withholding a safer HIV drug from the market to maximize profits from an older drug with more harmful side effects. 

  • May 06, 2026

    10th Circ. To Revisit Proving Native Status In Sex Abuse Cases

    Two men who were found guilty of sexually assaulting Native American children, but whose convictions were vacated over questions surrounding their Native American status, will have their cases reconsidered by the full Tenth Circuit, the court ruled.

  • May 06, 2026

    9th Circ. Won't Revive Hospital Workers' Vaccine Bias Suit

    The Ninth Circuit refused Wednesday to reopen a religious bias lawsuit accusing a Washington hospital of unlawfully denying employees' requests to avoid a COVID-19 vaccination mandate, finding that the medical center demonstrated that exemptions would've been too burdensome under a 2023 U.S. Supreme Court decision.

  • May 06, 2026

    ACLU Seeks Full DC Circ. Review Of CECOT Contempt Halt

    The American Civil Liberties Union is asking for the full D.C. Circuit to review a panel's 2-1 decision halting U.S. District Judge James E. Boasberg's criminal contempt inquiry into U.S. Department of Homeland Security flights that took 250 immigrants to El Salvador's notorious CECOT prison last year.

  • May 06, 2026

    4th Circ. Appears Unpersuaded By $22M Tax Fraud Appeal

    Two attorneys and an insurance agent faced a Fourth Circuit panel Wednesday that seemed hard-pressed to overturn their convictions for orchestrating a $22 million tax avoidance scheme, with the judges casting doubt on their venue objections and claims that the false tax returns contained truthful information.

  • May 06, 2026

    Chubb Units Must Cover Environmental Contamination Claim

    Two Chubb insurers must defend an upstate New York town against a state environmental department's claim concerning a regional airport's contamination by so-called forever chemicals unless and until they can establish the claim falls outside an exception to a pollution exclusion, the Second Circuit affirmed.

  • May 06, 2026

    4th Circ. Frees Noncitizen From Deportation, Faulting Judges

    The Fourth Circuit vacated the final removal order for a man the federal government wants to deport to Liberia despite his never living there and his fear of persecution due to his sexuality, finding that he didn't get a fair immigration hearing.

  • May 06, 2026

    Fed. Circ. Backs Atty Fees In Bicycle Design Patent Case

    The Federal Circuit on Wednesday agreed with a Massachusetts federal judge that a case related to a set of design patents for a bicycle warranted attorney fees being awarded to Hyper Bicycles Inc., saying the judge's finding that the case was weak and unnecessarily dragged out was supported by the evidence.

  • May 06, 2026

    Asbestos Trusts Fight Data Preservation Suit In Delaware

    Asbestos bankruptcy trusts told the Delaware Supreme Court on Wednesday that Johnson & Johnson, Dow Chemical and other repeat asbestos defendants are trying to turn an old equitable remedy into a sweeping, indefinite preservation order for more than 1.1 million victims' private claims files.

  • May 06, 2026

    DC Circ. Fast-Tracks DOT Immigrant Truck Driver Rule Review

    The D.C. Circuit will expedite its review of challenges to the U.S. Department of Transportation's new restrictions on commercial licenses for foreign truck drivers, but has already expressed skepticism about the petitioners' claims that the restrictions are pretext for an anti-immigrant agenda of the Trump administration.

  • May 06, 2026

    Justices Asked To Review 'More Than An Athlete' TM Fight

    A Maryland youth nonprofit has asked the U.S. Supreme Court to review a Federal Circuit decision that allowed a company affiliated with LeBron James to cancel its trademark registration for "I Am More Than An Athlete" based on common-law rights.

  • May 06, 2026

    Pa. 'Cruel Punishments' Ruling Sets Up Sentence Challenges

    The Pennsylvania Supreme Court's recent ruling that struck down mandatory life sentences for second-degree murder marked the justices' clearest message yet that the state's constitution and history bar "cruel" punishments, which legal experts tell Law360 could tee up challenges to "three-strikes" laws or the death penalty.

  • May 06, 2026

    7th Circ. Won't Revive Ex-DHS Officer's Disability Bias Suit

    The Seventh Circuit has declined to reinstate a fired immigration officer's suit claiming the Department of Homeland Security failed to accommodate his medical issues, saying that his claims were "meritless" and that he hadn't properly attempted to resolve them within the agency before filing suit.

  • May 06, 2026

    Fed. Circ. Affirms DraftKings' PTAB Loss Wasn't 'Clerical Error'

    The Federal Circuit on Wednesday backed the Patent Trial and Appeal Board's decision to uphold one claim of an online gaming patent challenged by DraftKings, rejecting the company's argument about making a "clerical error."

  • May 06, 2026

    Mass. Justices Debate Rent Control Religious Carveout

    Massachusetts' highest court appeared divided Wednesday as it considered whether a proposed ballot question to reenact rent control in the state should be struck down because it contains a carveout that includes religious properties.

  • May 06, 2026

    Mass. Justices Push For An End To AG-Auditor Deadlock

    Massachusetts' top court on Wednesday seemed to agree that an ongoing dispute between the state attorney general and auditor over a voter-backed audit of the legislature needs to come to an end, even as justices dinged both sides for the stalemate.

  • May 06, 2026

    'Varsity Blues' Coach 'Not Close' In New Trial Bid, Judge Says

    A former University of Southern California water polo coach convicted in the "Varsity Blues" college admissions case missed the goal by a wide margin in his bid to secure a new trial, a Massachusetts federal judge said.

  • May 05, 2026

    7th Circ. Panel Split On Due Process For Ill. ICE Detainees

    A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

  • May 05, 2026

    DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

    The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

  • May 05, 2026

    Sanofi Unit Gets Backup In Fed. Circ. Double Patenting Appeal

    Canon, Sonos and several other tech and biopharma companies have thrown their weight behind a Sanofi subsidiary's appeal challenging how the Patent Trial and Appeal Board handles obviousness-type double patenting.

  • May 05, 2026

    Ga. Panel Seems Chilly To Adjusting Liability For Assault

    A Georgia appellate panel appeared skeptical Tuesday of an assault victim's bid to make the apartment complex where she was attacked shoulder more of a $5 million verdict she won, saying apportioning responsibility differently would likely lead to a reversal at the state supreme court.

Expert Analysis

  • 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.

  • 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.

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