Appellate

  • May 08, 2026

    9th Circ. Says Kidnapping By Deception Counts, Orders Retrial

    The Ninth Circuit on Friday ordered a new trial for a man convicted of kidnapping and suffocating his girlfriend, saying a judge improperly coerced the jury, while also establishing for the first time that deception can satisfy the "holding" element of federal kidnapping charges.

  • May 08, 2026

    Fed. Circ. Debates If Alice Dooms $673M Amazon Patent Loss

    Amazon urged a Federal Circuit panel on Friday to wipe out a $673 million judgment against it over data storage technology by arguing that the patents underlying the case are invalid for covering only abstract ideas, which led the judges to debate how the inventions differ from a library card catalog.

  • May 08, 2026

    Venezuela Oil Co. Seeks Redo On Rig Seizure Claims

    Venezuela's state-owned oil company is urging the U.S. Supreme Court to revisit a D.C. Circuit opinion ordering the company to face long-pending allegations of unlawfully seizing an Oklahoma-based oil drilling company's rigs, arguing the ruling upends decades of precedent on the act of state doctrine.

  • May 08, 2026

    Feds To Challenge Nix Of Fast-Track Immigration Appeals Rule

    The Trump administration will ask the D.C. Circuit to revive new rules that would reshape how the Board of Immigration Appeals hears challenges to immigration court removal orders.

  • May 08, 2026

    Mich. Panel Says Renewable Energy Siting Order Too Limiting

    The Michigan Court of Appeals ruled Thursday that the state's energy regulatory body unlawfully limited which local governments can participate in the siting process for large renewable energy projects.

  • May 08, 2026

    Poland Tells DC Circ. Trader Can't Revive Annulled Award

    Poland has asked the D.C. Circuit to affirm a lower court's decision denying confirmation of Mercuria Energy Group's annulled $40 million arbitral award, saying the Cypriot commodities trading firm's disappointment with the annulment doesn't mean the appeals court should deviate from controlling precedent.

  • May 08, 2026

    Disbarred Atty Can't Escape Tax Evasion Case, 2nd Circ. Says

    A disbarred English attorney who assisted the heirs of an American businessman in evading taxation on their inheritance cannot use an "extraordinary" post-conviction remedy to overturn part of the verdict and a $4 million restitution bill, the Second Circuit ruled Friday.

  • May 08, 2026

    Texas Atty Cleared Of Claims She Misled Client

    The Texas Supreme Court on Friday sided with an attorney in a dispute with an ex-client who claimed the attorney misled him, saying the client accepted the attorney's condition to settle their dispute when he cashed a check.

  • May 08, 2026

    OCC Rules Spur 7th Circ. Remand In Ill. Swipe-Fee Fight

    The Seventh Circuit hit reset Friday in a closely watched legal challenge to a pending Illinois law that bans swipe fees on taxes and tips, directing a lower court to take another look at the case in light of new federal rules declaring the restrictions preempted for many banks.

  • May 08, 2026

    Minnesota Foster Parents Ask Justices To Revisit ICWA Fight

    Two foster parents are asking the U.S. Supreme Court to hear their challenge to the Indian Child Welfare Act after the Minnesota Supreme Court determined they don't have standing to take on the bedrock law on claims of constitutional equal protection rights, telling the justices that the case "cries out for certiorari."

  • May 08, 2026

    TTAB's 'Selective' Approach Spurs Drop In Precedents

    The precedential decision the Trademark Trial and Appeal Board issued late last month upholding the cancellation of a credit union's trademark registration was noteworthy not only for the binding authority it created, but also for its rarity: it was only the sixth such ruling from the board this fiscal year.

  • May 08, 2026

    Sports Tech Co. Says Judge Made Own Patent Eligibility Case

    Finnish sports tech company Polar Electro has asked the U.S. Supreme Court to revive its infringement case against a rival over a heart monitoring patent, saying a district judge made up his own case for patent eligibility when he ruled the patent was invalid.

  • May 08, 2026

    Why Trump's 2nd Global Tariff May Fare Better On Appeal

    President Donald Trump's administration on Friday appealed the U.S. Court of International Trade's ruling deeming his temporary global tariff unlawful to the Federal Circuit, where judges may view the executive action with more deference than the measures it immediately replaced.

  • May 08, 2026

    Mich. Panel Backs School In Ex-Coach's Race Bias Suit

    A Michigan appellate panel affirmed the dismissal of a former Saginaw Township girls basketball coach's race discrimination suit, ruling that he failed to show a school district's investigation into alleged improper recruiting served as a pretext for racial bias. 

  • May 08, 2026

    Tort Report: Tesla's Legal Exposure Seen As High As $14.5B

    A new report stating that Tesla faces billions in legal liabilities and a $140 million football brain injury verdict against the NCAA lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • May 08, 2026

    Transpo Tracker: Boeing 737 Max, John Deere Deal

    In our latest Law360 Transportation Tracker, Boeing is still contending with litigation associated with the 737 Max 8 jets, while a proposed $99 million class settlement could end farmers' right-to-repair claims against agricultural equipment maker John Deere and an appeals court decertified a class of 90,000 State Farm policyholders accusing the insurer of systematically undervaluing totaled vehicles.

  • May 08, 2026

    Fla. Panel Revives Homeowners' Storm Damage Suit

    A Florida appeals court on Friday revived a couple's suit claiming their home insurer wrongfully refused to fully pay a claim for storm damage, saying the lower court erroneously disposed of the case based on the insurer's pretrial motion to exclude the couple's evidence of damages.

  • May 08, 2026

    Vartabedian Katz Sanctioned Over Atty Privilege Violation

    A Texas state court has leveled $120,000 in sanctions against Vartabedian Katz Hester & Haynes LLP for wrongfully obtaining privileged information through discussions with a former in-house counsel of Pioneer Natural Resources in connection with a dispute over oil and gas leases.

  • May 08, 2026

    3rd Circ. Rejects NJ Man's Bid To Revisit $40M Tax Conviction

    The Third Circuit has declined to reconsider upholding the conviction of a man who raked in $40 million from filing false tax returns.

  • May 08, 2026

    Cop Testimony In Pot Case Wasn't 'Harmless,' Fla. Panel Says

    A man sentenced to four years for drug possession with an intent to sell after an officer testified that the intent was shown by the amount of marijuana he possessed, along with baggies and a scale, must have his conviction connected to selling reversed, a Florida appeals court said on Friday.

  • May 08, 2026

    Panel Revives Fight Over Late Burrito Chain Founder's IRA

    Massachusetts' intermediate-level appeals court Friday revived a dispute over who is entitled to the Charles Schwab individual retirement account of the late founder of Anna's Taqueria, a popular Boston-area Mexican restaurant chain.

  • May 08, 2026

    Top Atty In DOJ Appeal Over Law Firm Exec Orders To Depart

    The lead federal prosecutor on the Trump administration's appeal to reinstate executive orders targeting four law firms is stepping down from his government role at the end of May, he publicly announced this week.

  • May 08, 2026

    4th Circ. Backs Toss Of Fired Worker's Whistleblower Suit

    The Fourth Circuit upheld the dismissal Friday of a home health salesperson's suit claiming he was fired out of retaliation for complaining about sexual comments made at a company picnic, ruling the lower court used the correct legal standard to throw out his case.

  • May 08, 2026

    Texas Justices Say Nicotine Pouches Taxable As Tobacco

    The Texas Supreme Court on Friday found that oral nicotine pouches are taxable as tobacco products under state law, as they are made from "tobacco substitutes" through a combination of nicotine extracted from tobacco leaves and plant compounds.

  • May 08, 2026

    Fed. Circ. Weighs Timing Concerns In Tariff Exclusion Denials

    A Federal Circuit panel on Friday largely let attorneys do the talking while attempting to suss out whether the U.S. Department of Commerce properly justified blocking the country's largest vegetable canner from securing tariff exclusions for its imported tin.

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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