Appellate

  • July 08, 2026

    Florida Cases To Watch In The 2nd Half Of 2026

    New lawsuits over ChatGPT's role in a mass shooting on a Florida campus and a U.S. Supreme Court case that could upend most criminal trials in Florida are some of the litigation that the state's attorneys will be watching in the second half of 2026. ​​​​​​​Here, Law360 takes a look.

  • July 07, 2026

    6th Circ. Says MillerKnoll Owns Rights To Iconic Lamp Design

    The Sixth Circuit Tuesday refused to disturb a lower court's decision awarding intellectual property rights for late designer George Nelson's iconic bubble lamp to furniture company MillerKnoll, ruling that a 2006 royalty agreement authorized the company to use and own those rights.

  • July 07, 2026

    Entrepreneur Can't Sue Over Ex-Worker's Hill Testimony

    The D.C. Circuit on Tuesday nixed a multimillionaire executive's defamation suit against a former employee whose testimony to Congress helped secure passage of a law barring the arbitration of sexual assault and harassment claims, litigation that also sought to undo an arbitral award favoring the former employee.

  • July 07, 2026

    Webuild Wants Justices' Input In Row Over In-State Property

    Webuild has pressed the Third Circuit to delay sending a case over a $140 million arbitral award against the Italian construction giant back to lower court as it seeks U.S. Supreme Court review of a circuit decision reviving a Chilean company's bid to enforce the award.

  • July 07, 2026

    2nd Circ. Backs Judge's Immigration Cooperation Condition

    A Second Circuit panel on Tuesday said a New York federal judge reasonably imposed a supervised release condition that would require a Salvadoran citizen sentenced to prison in connection with an MS-13 gang shooting to cooperate with immigration authorities.

  • July 07, 2026

    Illinois Cases To Watch In 2026: Midyear Report

    Mead Johnson is set to go to trial this summer in the first case to make it to a jury in multidistrict litigation claiming baby formula caused a serious gut illness in premature infants, while the U.S. attorney's office in Chicago is facing a possible sanctions hearing over prosecutorial misconduct allegations in two Illinois cases on attorneys' radar for the rest of the year.

  • July 07, 2026

    5th Circ. Presses Ericsson Insurers On Terrorism Suit Defense

    A Fifth Circuit panel pushed insurers to explain why they should be allowed to avoid covering the defense of Ericsson Inc. against claims the company funded foreign terrorist organizations, asking Tuesday if Ericsson knew the money it gave out "was going to kill Americans."

  • July 07, 2026

    Fed. Circ. Wary Of Both Sides In DOE Breach Damages Row

    A panel of the Federal Circuit on Tuesday appeared skeptical of both sides' arguments concerning whether a $145 million judgment for three nuclear power plant owners over the U.S. Department of Energy's continued failure to accept spent nuclear fuel for disposal should be offset by the companies' investment earnings.

  • July 07, 2026

    Trump Seeks High Court Rehearing In Carroll Case

    President Donald Trump asked the U.S. Supreme Court to reconsider its decision to let stand a jury's $5 million verdict finding he sexually abused writer E. Jean Carroll in a department store dressing room.

  • July 07, 2026

    X Corp. Fights $8M Award Over Boulder Office Rent Credit

    Colorado appellate judges on Tuesday tested the limits of competing interpretations by X Corp. and its former landlord regarding a contract provision governing almost $5.8 million in rent credits the social media company says it's owed, weighing X's bid to undo an $8.2 million judgment in a rent dispute.

  • July 07, 2026

    8th Circ. Backs Ex-Wilbur-Ellis Workers In Trade Secret Suit

    The Eighth Circuit on Tuesday upheld a lower court's finding that agribusiness Wilbur-Ellis couldn't make its case that several former employees took off with its trade secrets when they went to a competitor.

  • July 07, 2026

    Fed. Circ. Side-Eyes No Sanctions For 'Very Bad' Game Patent

    A Federal Circuit panel seemed ready Tuesday to revive a company's bid for sanctions after it defeated Epic Tech LLC's patent case, with one judge calling the patent "very bad" and saying "if I were the district court judge in this case, I 100% would have granted the attorney's fees."

  • July 07, 2026

    9th Circ. Appears Icy Toward Calif. Captive Meeting Law

    The Ninth Circuit seemed hesitant Tuesday to unblock a 2-year-old California law that prohibits employers from punishing workers for skipping what are commonly known as captive audience meetings in which companies convey views about political or religious topics, with two judges suggesting that the statute infringes on employers' free speech rights.  

  • July 07, 2026

    5th Circ. Says Gov't May Be Liable For Steward's Truck Hit

    A Fifth Circuit panel said Tuesday that the government may owe damages to a woman a Customs and Border Protection agent and union officer struck with his truck, reversing a ruling that he was on an errand outside the scope of his work.

  • July 07, 2026

    Mass. Court Orders New Sex Abuse Trial Over Testimony

    A man found guilty of raping and sexually abusing girls in his family is entitled to a new trial, a Massachusetts appeals panel said Tuesday, finding that evidence of his prior bad acts was admitted improperly and may have overwhelmed and prejudiced the jury.

  • July 07, 2026

    Trucking Co. 'Predictive Model' Doesn't Moot OT, 9th Circ. Told

    Truck drivers denied overtime under a Fair Labor Standards Act carveout for interstate commerce urged the Ninth Circuit on Tuesday to find they're entitled to the pay, saying that they drove only within California and that their employers' "predictive model" order fulfillment system doesn't qualify their deliveries as interstate commerce.

  • July 07, 2026

    2nd Circ. Says Investor Can Keep Bed Bath & Beyond Profits

    The Second Circuit on Tuesday found that a late investor in defunct retailer Bed Bath & Beyond can keep the profits from its sale of the company's stock, rejecting claims that a contractual cap on the investor's share ownership was a sham.

  • July 07, 2026

    6th Circ. Revives Pilot's Disability Claims In Vaccination Row

    In an unpublished opinion issued Monday, a Sixth Circuit panel revived some disability claims brought against Kalitta Air LLC by a cargo pilot after he was fired for refusing to get a second COVID-19 vaccine because he suffered a severe reaction from the first dose.

  • July 07, 2026

    DC Circ. Backs Tax Bribery Convictions Despite Jury Error

    A D.C. Circuit panel refused on Tuesday to reverse a lower court's judgments against two men in connection to a bribery scheme carried out to evade $2.3 million in business tax obligations, finding a jury instruction error "harmless," among other unsuccessful arguments.

  • July 07, 2026

    8th Circ. Says Murder Charge Backs Sentence Enhancement

    The Eighth Circuit held that a prior third degree murder conviction counts as a crime of violence for purposes of a later sentencing enhancement in a gun case because the Minnesota state law in the murder case was substantially similar to the generic definition of murder.

  • July 07, 2026

    7th Circ. Rejects Internet Scammer's Phone Search Appeal

    Federal border agents did not need a warrant or probable cause before manually searching a fraudster's cellphone for evidence upon his return flight to the United States, the Seventh Circuit said Monday, keeping the evidence a part of his case.

  • July 07, 2026

    DC Circ. Nixes Part Of IAM Fund's $13M Liability Win

    The D.C. Circuit on Tuesday partially unraveled an early win for a multiemployer pension fund in a dispute over $13 million in withdrawal liability against several Illinois truck dealership companies, holding the lower court needed to recalculate some of the interest and damages assessed.

  • July 07, 2026

    11th Circ. Upholds Block of Fla. 'Stop WOKE' Law

    The Eleventh Circuit upheld a lower court's preliminary injunction on a Florida law that restricts classroom discussion of race and gender, finding on Tuesday that the law violates the First Amendment's free speech protections. 

  • July 07, 2026

    Ohio Panel Says Man's Seizure Justifies Plea Withdrawal

    An Ohio state appeals court has ruled that a man who suffered a seizure in court prior to signing a plea agreement can withdraw from the deal because the medical emergency may have rendered him unable to intelligently enter into the agreement.

  • July 07, 2026

    Groups Tell 4th Circ. Not To Let Sandoz 'Relitigate' Enbrel

    Pharmaceutical groups and the Washington Legal Foundation backed Amgen in amicus briefs Monday urging the Fourth Circuit not to revive Sandoz's antitrust claims, arguing that if Sandoz wanted to litigate blocked biosimilar competition to Enbrel, it needed to do so when Amgen sued it for patent infringement.

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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