Appellate

  • June 24, 2026

    11th Circ. Urged To Toss Convictions In $1.4B Hospital Fraud

    Two brothers convicted in a $1.4 billion scheme to bill insurers inflated rates for drug tests told the Eleventh Circuit on Wednesday that there was insufficient evidence to support their convictions and that they should have been allowed an evidentiary hearing after potential juror misconduct emerged following the trial.

  • June 24, 2026

    10th Circ. Revives Tribe's Okla. Lotto Exclusivity Fee Suit

    A Tenth Circuit panel remanded a determination that the Wichita and Affiliated Tribes don't have Article II standing to be excused from paying exclusivity fees under provisions of an Oklahoma-tribal gaming compact, saying their injuries are fairly traceable to Gov. Kevin Stitt's decision to change the state's electronic gaming laws.

  • June 24, 2026

    Wells Fargo Forfeiture Suit Falls Short Again

    A Minnesota federal judge tossed a proposed class action against Wells Fargo alleging the bank misspent 401(k) forfeitures, holding on Wednesday for a second time that the ex-worker who sued lacked standing to bring his claims.

  • June 24, 2026

    Ex-Quinn Emanuel Atty To Lead Kirkland's Appellate Practice

    Kirkland & Ellis LLP announced Wednesday it has rehired a former associate, who most recently was a national appellate practice co-chair at Quinn Emanuel Urquhart & Sullivan LLP, to be the leader of its Supreme Court and appellate practice.

  • June 24, 2026

    11th Circ. Says Late Charge Dooms Sedgwick Age Bias Suit

    The Eleventh Circuit backed benefits administrator Sedgwick's win on Wednesday in a former worker's age bias suit alleging the company unfairly criticized her performance and fired her, ruling her case fell flat because she filed her presuit bias charge with the U.S. Equal Employment Opportunity Commission too late.

  • June 24, 2026

    State Police Sgt. Can't Escape Race Bias Suit, 4th Circ. Says

    A Maryland State Police sergeant must face a lawsuit alleging he excluded two Black task force members from meetings and failed to address a subordinate officer's racist text message, with the Fourth Circuit ruling Wednesday that a reasonable supervisor would've understood his actions violated civil rights law.

  • June 24, 2026

    Fed. Circ. Won't Revisit Ruling On $1.5B IT Contract Correction

    The Federal Circuit declined an IT contractor's request to rehear a case that led to the U.S. Department of Commerce taking corrective action over a $1.5 billion procurement during litigation.

  • June 24, 2026

    Va. Prison Officials Immune In Strip Search Suit, 4th Circ. Says

    The Fourth Circuit ruled Wednesday that Virginia prison officials can be granted qualified immunity from a federal lawsuit alleging they subjected an incarcerated person to an unconstitutional number of strip searches.

  • June 24, 2026

    DOJ Nominee Questioned About Deleted Social Media Posts

    A nominee for a top U.S. Department of Justice position, who is a real estate attorney turned tech entrepreneur, came under fire on Wednesday for past social media posts that he's now deleted.

  • June 24, 2026

    Conn. Justices Threaten Sanctions For AI Errors

    The Connecticut Supreme Court has threatened to sanction GLG Law LLC and one of its attorneys for submitting documents in two cases "that misrepresented the law through the use of generative artificial intelligence," according to a Tuesday order that summoned them to appear in court next month.

  • June 24, 2026

    5th Circ. Sides With Starbucks On Union Backer's Firing

    The Fifth Circuit has reversed a National Labor Relations Board decision finding that Starbucks unlawfully fired a worker for supporting a unionization effort at the store, saying the decision rested on insufficient evidence that the coffee giant acted out of anti-union animus.

  • June 24, 2026

    Green Groups Ask DC Circ. To Halt Pa. Oil Plant Extension

    Four environmental groups have asked the D.C. Circuit to review the U.S. Department of Energy's emergency orders extending the life of a fossil fuel power plant outside Philadelphia, joining other litigation challenging the Trump administration's efforts to keep alive oil, gas and coal power generators that had been slated to shut down.

  • June 24, 2026

    Feds, Hemp Cos. Fight Over DEA's New HHC Rule In 2 Circuits

    The U.S. Drug Enforcement Administration and a pair of hemp product companies are butting heads in the Fourth and Ninth circuits over a newly enacted DEA rule expressly listing hexahydrocannabinol, or HHC, as a Schedule I substance under the Controlled Substances Act.

  • June 24, 2026

    How 3 Courts Are Approaching AI Adoption

    The rules surrounding artificial intelligence experimentation in courts run the gamut from court systems offering proprietary tools and training to unwritten policies that essentially amount to don't ask, don't tell.

  • June 23, 2026

    Kaiser Owes LA County Hospital $82M In Out-Of-Network Suit

    Kaiser Permanente's health coverage arm must pay more than $82 million to Pomona Valley Hospital Medical Center to cover unreimbursed emergency medical services, a California state judge ordered Tuesday, after a state appeals court backed a jury's verdict concerning payment for roughly 4,000 disputed medical service claims.

  • June 23, 2026

    Split DC Circ. Clears Expansion Of Expedited Removals

    A split D.C. Circuit panel on Tuesday allowed the Trump administration to move ahead with a plan to fast-track the deportation of more noncitizens, vacating a lower court's decision to put the plan on hold over what one judge called "woefully inadequate procedures."

  • June 23, 2026

    Paramount Urges High Court To Limit Video Privacy Lawsuits

    Paramount Global is calling on the U.S. Supreme Court to preserve a ruling that only consumers who directly subscribe to audiovisual goods and services can bring lawsuits under the Video Privacy Protection Act, arguing that a more expansive reading would allow plaintiffs to flood the courts and would wrongly "transform" the law into an "unworkable internet-privacy regime."

  • June 23, 2026

    High Court's Cisco Ruling Is A Win For Multinational Cos.

    The U.S. Supreme Court's decision Tuesday clearing Cisco in an Alien Tort Statute suit alleging it helped the Chinese government violate international law is a win for companies that do business in regions with possible human rights issues, experts tell Law360.

  • June 23, 2026

    BDSM Texts Don't Apply To Assault Trial, Colo. Justices Say

    The Colorado Supreme Court on Tuesday reinstated the conviction of a man who was found guilty of assaulting his wife over several days, with the high court finding that text messages the couple sent each other about their erotic fantasies were not relevant and thus inadmissible.

  • June 23, 2026

    FTC Tells 4th Circ. Court Got It Wrong In J&J Stelara Case

    The Federal Trade Commission has told the Fourth Circuit that a Virginia federal court messed up when it ruled in an antitrust suit against Johnson & Johnson that the company bringing the suit needed to show specific intent in order to prop up a monopolization claim over the immunosuppressive drug Stelara.

  • June 23, 2026

    Disney, Netflix Win Texas Cities' Franchise Tax Suit Again

    Streaming services companies including Disney and Netflix have again prevailed against multiple Texas cities accusing them of evading a state franchise tax, with a Texas appeals court reaffirming that the companies do not need to obtain franchise licenses.

  • June 23, 2026

    11th Circ. Mulls DOT Order Scrapping Delta, Aeromexico JV

    The Eleventh Circuit on Tuesday questioned whether the U.S. Department of Transportation sufficiently analyzed the competitive effects of Delta Air Lines' joint venture with Aeromexico — or considered alternative conditions — before ordering the airlines to dismantle their nearly decade-long partnership.

  • June 23, 2026

    9th Circ. Allows Airport Cleaning Co. To Arbitrate Wage Claims

    A company that offers janitorial services to airports can compel arbitration in a former employee's wage and hour proposed class action, the Ninth Circuit ruled Tuesday, reversing a California district court's determination that the arbitration agreement was unconscionable.

  • June 23, 2026

    Colo. Justices Nix Conviction Over DNA-Swabbing Confession

    Colorado's highest court ruled Tuesday that detectives violated a defendant's Fourth Amendment rights by interrogating a confession out of him while they executed a narrow court order to collect DNA samples.

  • June 23, 2026

    9th Circ. Told Feds Can't Just Undo LA Cop's Conviction

    The dean of University of California, Berkeley School of Law, told the Ninth Circuit that a federal court in California is within its rights to refuse the federal government's request to drop already-tried charges against a Los Angeles County sheriff's deputy who was convicted by a jury of violating the constitutional rights of a Black woman during a shoplifting investigation.

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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