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Appellate
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April 14, 2026
8th Circ. Sets Hearing In SD Tribe's Debt Overcollection Suit
The Eighth Circuit Court of Appeals will hear arguments next month in the Lower Brule Sioux Tribe's bid to revive its claims that the federal government overcollected millions on a school debt obligation.
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April 14, 2026
IOLTA Group Owed Notice Of Settlements, Mass. Justices Say
Massachusetts' highest court said Tuesday that a committee overseeing lawyers' trust accounts should have been given a chance to request potential leftover funds prior to a judge's approval of a class action settlement, but saw no reason to unwind the deal.
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April 14, 2026
Tesla Drivers Urge 9th Circ. To Preserve False Ad Class
California drivers have told the Ninth Circuit that they've offered sufficient evidence of Tesla's pervasive and misleading advertising to forge ahead with their certified class claims alleging Tesla deceived consumers into believing that its cars could fully drive themselves.
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April 14, 2026
7th Circ. Suggests High Court Ruling Supports Ark. PBM Rule
The Seventh Circuit appeared reluctant Tuesday to revive a union fund's challenge to an Arkansas rule making health plans disclose pharmacy compensation and pay fees, with judges pointing to a 2020 U.S. Supreme Court ruling that permitted state cost regulations on pharmacy benefit managers.
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April 14, 2026
Ginsburg Hack Conviction Upheld For Man Who Blamed Cat
The Fourth Circuit affirmed Tuesday a former hospital transplant coordinator's conviction for illegally accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records, upholding a ruling that the defendant was not improperly coerced when he told FBI agents a coworker or his cat may have been responsible.
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April 14, 2026
10th Circ. Says BIA Must Reconsider Salvadoran's Asylum Bid
The Tenth Circuit revived a Salvadoran national's asylum request after she said she was beaten and sexually assaulted in retaliation for suing certain MS-13 gang members, finding the Board of Immigration Appeals appeared to adopt a "self-contradictory" rationale.
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April 14, 2026
5th Circ. Says Cops Are Immune For Seizing Items In Plain View
The Fifth Circuit has found a group of Louisiana police officers are entitled to qualified immunity in a Fourth Amendment lawsuit for seizing electronics and furniture they said were stolen and discovered during an unrelated raid.
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April 14, 2026
4th Circ. Won't Rehear Allergan Overcharge Suit
The Fourth Circuit on Tuesday denied a rehearing petition lodged after a panel revived a whistleblower suit accusing an Allergan Sales LLC predecessor of overcharging Medicaid.
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April 14, 2026
Buyers Seek Final Approval Of $4.85M Bayer Benzene Deal
A class of consumers is asking a New Jersey federal court to give final approval of a $4.85 million settlement to resolve claims that Bayer US LLC's antifungal products were contaminated with benzene.
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April 14, 2026
7th Circ. Orders New Trial For Ex-ComEd CEO, Lobbyist
The Seventh Circuit on Tuesday ordered the release of the former CEO and a former lobbyist of Commonwealth Edison on bond pending a new trial, just hours after hearing arguments on their bids to unwind convictions for allegedly funneling and hiding payments to ex-Illinois House Speaker Michael Madigan's allies.
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April 14, 2026
Pa. Justices Question US Steel's Duty To Pay Attys For Testing
Pennsylvania's Supreme Court questioned Tuesday whether a state law governing cleanup of hazardous sites allows neighbors of a long-closed zinc plant to sue for future remediation and health monitoring when the only costs so far had been incurred by lawyers who fronted the first round of testing.
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April 14, 2026
7th Circ. Nixes Bailiff's Immunity Appeal As Premature
A split Seventh Circuit panel dismissed a court bailiff's interlocutory appeal, finding that the court lacked jurisdiction to determine whether the deputy had qualified immunity in a civil suit accusing him of failing to intervene when another bailiff wrongly told a jury they could not deadlock in a kidnapping case.
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April 14, 2026
Nevada Tribe Asks High Court To Revive $208M Water Claim
A Nevada tribe is asking the U.S. Supreme Court to overturn a Federal Circuit decision to dismiss its $208 million breach of trust claims against the United States, telling the justices that without intervention the ruling will reduce their homelands to "useless sand without water."
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April 14, 2026
Screening Time Deal Doesn't Bar Break Suit, Wash. Panel Says
An eldercare company's class settlement over COVID-19 screening time doesn't bar a separate suit claiming the company failed to pay workers for missed meal breaks, a Washington state appeals court ruled, reviving the break claims.
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April 13, 2026
Exxon Can't Halt Heat Death Suit Ahead Of Climate Tort Ruling
A Washington state court judge has denied an attempt by Exxon and other major oil and gas producers to pause a first-of-its-kind lawsuit over a 2021 Seattle heat wave death until the U.S. Supreme Court decides on the viability of climate torts in a Colorado case.
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April 13, 2026
Parents Must Prove They Can't Refuse Arbitration, 9th Circ. Says
A California federal judge must take a fresh look at parts of IXL Learning Inc.'s bid to arbitrate a proposed class action alleging the education technology company unlawfully collected and sold children's personal information, the Ninth Circuit ruled Monday, saying the lower court "misallocated the burden of proof on mutual assent."
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April 13, 2026
Crypto Suit Fails Without Proof Of Partnership, 2nd Circ. Says
An Oregon man has not shown that he is entitled to a share of profits from a purported joint venture in cryptocurrency investment involving a once close friend, the Second Circuit said Monday, affirming a Manhattan federal judge's dismissal of the claims.
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April 13, 2026
Colo. Justices Say Late Notice Bars Sidewalk Injury Suit
A woman's personal injury claims against the city of Colorado Springs, Colorado, are time-barred because she failed to notify the city within 182 days of the injury, despite not being told for over a year that the city was the liable party, the state Supreme Court ruled Monday.
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April 13, 2026
DC Circ. Digs Into FTC Rationale For Media Matters Probe
A D.C. Circuit panel tore into a Federal Trade Commission lawyer on Monday as the agency fought to convince the three judges that a lower court had no right to block it from investigating a left-leaning media watchdog, a probe the group claims is retaliation for publishing anti-Nazi content.
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April 13, 2026
9th Circ. Judge Skeptical Of Renewing Trump Energy EOs Suit
A Ninth Circuit judge expressed reluctance on Monday to revive a challenge to President Donald Trump's executive orders prioritizing fossil fuels to meet the country's energy needs, echoing a lower court's concern that the requested relief would give the judiciary the unmanageable task of scrutinizing countless federal agency actions.
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April 13, 2026
BofA Shielded In Iranian Bias Suit, 9th Circ. Says
The Ninth Circuit refused Monday to revive a proposed class action accusing Bank of America of discriminating against Iranian citizens, affirming a California federal court's ruling that the lawsuit fails to show the bank acted with ill will when erroneously closing the plaintiff's account.
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April 13, 2026
Fed. Circ. Looks Askance At Sanctions In E-Banking IP Case
A Federal Circuit panel on Monday appeared bothered by a lower court's nearly $85,000 sanctions order against a company and its counsel in its infringement lawsuit over an online banking patent, with one judge saying the record does not seem to support such action.
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April 13, 2026
'Gay Conversion' Ruling Nixes Telehealth Ban, 9th Circ. Told
An attorney representing a doctor and patient challenging California's law severely limiting interstate telehealth medical consultations urged a Ninth Circuit panel Monday to reverse a lower court's order dismissing the suit, saying the Supreme Court's recent decision nullifying Colorado's ban on "gay conversion therapy" applies to the case.
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April 13, 2026
Spirit Airlines Owes Millions In Fees To TSA, 11th Circ. Says
The Eleventh Circuit ruled Monday that Spirit Airlines must remit all security fees to the Transportation Security Administration from customers who canceled flights and did not use their credits within the airline's 60-day expiration period.
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April 13, 2026
PacifiCorp Damages Tab Rises With Liability Uncertain
An Oregon jury on Monday ordered PacifiCorp to pay $14.5 million to a group of 11 survivors of 2020 fires, although the validity of the damages-only verdict is uncertain after an appeals court days ago overturned the liability verdict underlying it.
Expert Analysis
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How Justices' GEO Ruling Resets Gov't Contractor Litigation
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.
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Appellate Strategy Lessons From Pa. Excess Coverage Ruling
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.
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Defense Counsel Options Widen As No-Bill Rate Increases
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.
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How Cos. Can Prepare For 'Made In America' Ad Scrutiny
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.
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Similar-Looking Designs May Not Always Prove Infringement
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.
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Series
Mich. Banking Brief: All The Notable Legal Updates In Q1
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.
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Pension Case Offers Entertainment Work Exception Insights
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.
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Justices' Ruling Stresses Quick Action Against Absconders
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.
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Justices May Hesitate To Limit Courts' Arbitration Review
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.
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Series
Ultramarathons Make Me A Better Lawyer
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.
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State FARA Laws Pose Unique Constitutional Challenges
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.
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Series
Pa. Banking Brief: All The Notable Legal Updates In Q1
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.
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Determining When Engineered Biologics May Be Patentable
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.
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In First For DOJ, Action Signals New CFIUS Enforcement Era
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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6th Circ. Can Extend Insurance Valuation Clarity Beyond Auto
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.