Appellate

  • May 06, 2026

    Texas Panel Weighs Highland Sanctions After $1B Judgment

    A Texas appeals court on Wednesday pressed counsel for several former Highland Capital Management LLP executives to explain why they should get out of a contempt finding, asking what to do with an order compelling each of the executives to pay $500 in sanctions.

  • May 06, 2026

    NC Court No Place For Smoothie-Shop Stroke Suit, Panel Says

    A smoothie shop manager's negligence suit should leave North Carolina's state court system, an appellate panel ruled Wednesday, finding that injuries from a stroke that left him on a bathroom floor for hours occurred during the course of employment and that the North Carolina Industrial Commission has exclusive jurisdiction.

  • May 06, 2026

    4th Circ. Says 'Solvent Traps' Are Silencers Under NFA

    The Fourth Circuit has upheld the jury conviction of a Virginia man for possession of three unregistered firearm silencers, rejecting the man's arguments that the devices were actually used for cleaning guns and finding they were illegal under federal law.

  • May 06, 2026

    Igloo's Ads 'Uncool' But Not Unlawful, Split 9th Circ. Says

    It may have been "uncool" for ice chest company Igloo to wrongfully take credit for the first biodegradable cooler, but its claims are not unlawful under the Lanham Act, a split Ninth Circuit ruled Wednesday.

  • May 06, 2026

    Battery Patent Award Has Fed. Circ. Perusing Remand Options

    A Federal Circuit panel wrestled Wednesday with a Chinese battery cell manufacturer's challenge to the damages model supporting a competitor's award in a patent infringement case, with one judge asking if alternative calculations would even be available if the appeals court ordered a do-over.

  • May 06, 2026

    6th Circ. Says Michigan Man Can't Block Future Charge

    The Sixth Circuit has ruled that a Michigan man cannot receive an injunction to stop prosecutors from charging him with making terroristic threats in the future after he made remarks related to an elections official he believed was incorrectly conducting an election recount.

  • May 06, 2026

    OpenSky Appeal In VLSI Dispute Postponed At Fed. Circ.

    The Federal Circuit has rescheduled arguments in OpenSky's challenge to an attorney fee award that was part of a wide-ranging patent dispute with VLSI Technology after OpenSky's attorney asked for a delay because of the sudden onset of an illness and the death of a family member.

  • May 06, 2026

    'You're In The Weeds!' Fed. Circ. Grapples With Gun IP Decision

    A Federal Circuit panel on Wednesday appeared perplexed by a Wyoming judge's decisions finding a firearm patent invalid as indefinite and dissolving a preliminary injunction against an accused infringer, saying the invalidity holding seemed to be at odds with precedent.

  • May 06, 2026

    Ga. Panel Won't Overturn Verdict In HOA Pool Dispute

    The Georgia Court of Appeals on Wednesday refused to overturn a jury verdict in favor of a homeowners' association in a case it brought against a couple who built an outdoor kitchen and pool pavilion that were noncompliant with the association's design guidelines.

  • May 06, 2026

    NC Insurance Dept. Properly Revoked Appraiser's License

    A North Carolina state appeals court on Wednesday affirmed the state Department of Insurance's revocation of the license of a motor vehicle damage appraiser, finding he violated ethical standards by disparaging other appraisers.

  • May 06, 2026

    Full 11th Circ. Denies Medical Act Remedy In Discharge Suit

    The full Eleventh Circuit concluded that the federal Emergency Medical Treatment and Labor Act does not provide a remedy for a woman's claims that she was improperly discharged from a Florida hospital without being treated for malnutrition.

  • May 06, 2026

    Unauthorized Immigrant Can Face Gun Charge, 1st Circ. Says

    The First Circuit has reversed the dismissal of an indictment against an unauthorized immigrant charged with firearm possession, holding that the federal ban on unauthorized immigrants possessing firearms is consistent with the nation's tradition of firearm regulation.

  • May 06, 2026

    Police Union Group Gets Ch. 11 OK To Pursue Fla. Appeal

    The International Union of Police Associations AFL-CIO received approval Wednesday in Florida bankruptcy court to modify the automatic stay in its Chapter 11 case to pursue its appeal of an adverse state court judgment in a sexual harassment case that drove it into bankruptcy last month.

  • May 06, 2026

    NJ Panel Frees Homeowner From 'Forced Arbitration' Contract

    A New Jersey state appeals court on Wednesday released a homeowner from an arbitration clause that Florida-based MV Realty had agreed not to enforce as part of a deal last year with authorities who sued over the company's allegedly predatory cash-advance agreements.

  • May 06, 2026

    Mass. Justices Uphold Jailing Despite Incompetency Finding

    The Massachusetts Supreme Judicial Court ruled on Tuesday that under state precedent, a man who was accused of a violent home invasion and other crimes but found to be incompetent to stand trial was not improperly kept incarcerated when he could not post bail.

  • 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.

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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