Appellate

  • June 04, 2026

    Fla. High Court Backs Accounting Methods In Utility Rate Hike

    The Florida Supreme Court on Thursday upheld the state Public Service Commission's order approving accounting mechanisms used by a natural gas company in a rate increase plan, ruling that the regulator wasn't inconsistent with internal policy and within its discretion to approve the measures.

  • June 04, 2026

    Deepfake Mocks Judge Spearheading Judiciary Deepfake Rule

    The New York federal judge developing policies for phony audiovisual materials revealed Thursday firsthand experience with the subject: an artificial intelligence video on social media that depicts him as a maniacal Nazi who recently sentenced a private equity executive to prison "for being a Republican."

  • June 04, 2026

    Phone Sex Caller Can't Be Sued Over Fatal Big Rig Crash

    A Texas appeals court on Thursday affirmed the dismissal of a suit accusing a woman of distracting a commercial tractor-trailer driver with a phone sex call to his cellphone, causing him to strike and kill another driver, with the court saying remote callers have no duty to control a driver's conduct behind the wheel.

  • June 04, 2026

    Generics Cos. Get More Freedom In High Court Patent Ruling

    The U.S. Supreme Court's decision Thursday shutting down a patent case involving a generic heart drug that uses a so-called skinny label establishes a road map for generics companies to avoid such suits and creates hurdles for branded companies pursuing infringement litigation, attorneys say.

  • June 04, 2026

    9th Circ. Backs FMCSA Block On Calif. Bus Driver Break Rules

    A Ninth Circuit panel on Thursday validated the Federal Motor Carrier Safety Administration's conclusion that national hours-of-service regulations trump California's meal and rest break rules for bus drivers, saying the agency was justified in finding that the Golden State rules strain interstate commerce.

  • June 04, 2026

    Fed. Circ. Seems Iffy On Reversing Atty Fees In Patent Case

    The Federal Circuit didn't seem convinced Thursday morning that it should overturn a lower court's decision to make network testing company Viavi Solutions Inc. pay another company's attorney fees after Viavi unsuccessfully sued it for patent infringement.

  • June 04, 2026

    7th Circ. Upholds Drug-Premises Enhancement In Meth Case

    The Seventh Circuit has upheld a nearly 16-year prison sentence for an Indiana man, finding that a home he used primarily to sell drugs makes him eligible for a prison sentence increase under the federal sentencing guidelines.

  • June 04, 2026

    2nd Circ. Rejects Bid To Rehear $16B YPF Argentina Ruling

    The Second Circuit will not review its decision this year reversing a New York judge's $16 billion judgment against Argentina arising from its nationalization of YPF SA, the country's largest oil and gas exploration company, despite arguments that the ruling was "profoundly misguided."

  • June 04, 2026

    4th Circ. Revives Inmate Suit, Citing Deleted Prison Video

    An inmate whose prison disciplinary conviction for indecent exposure led to his transfer to a maximum security facility should not have lost his case without having his sanctions request over destroyed video evidence reviewed, a Fourth Circuit panel said Thursday, vacating and remanding a lower court's decision.

  • June 04, 2026

    USPTO Mulling Certain Patent Apps After 'Atypical' Case

    The U.S. Patent and Trademark Office is asking why it should keep reviewing patent applications that would not end up giving their owners rights to assert against alleged infringers, following a Federal Circuit decision in what the appellate court called an "atypical" appeal.

  • June 04, 2026

    Flyers Ask Full 5th Circ. To Rehear CrowdStrike IT Outage Suit

    Airline passengers have asked the full Fifth Circuit to review a panel decision rejecting their proposed class action alleging the cybersecurity firm behind 2024's crippling global IT outage should be held liable for stress and physical injuries they suffered while stranded by delayed or canceled flights.

  • June 04, 2026

    5th Circ. Prods Feds On Controversy In Texas Dream Act Suit

    A Fifth Circuit panel pressed Texas and the federal government to explain where the controversy existed in a suit seeking to end a state law allowing in-state tuition for unauthorized immigrants, saying Thursday the parties "desired the same result."

  • June 04, 2026

    Fed. Circ. Invalidates Spinal Implant Patent Claims

    The Federal Circuit on Thursday invalidated patent claims covering parts used to make expandable implant devices in spinal fusion surgeries that were the basis of a $9.5 million jury verdict against Life Spine Inc. and that had been upheld by the Patent Trial and Appeal Board.

  • June 04, 2026

    Feds Appeal Trade Court's Emergency Tariff Refund Order

    The federal government has appealed the U.S. Court of International Trade's order requiring refunds on all duties paid under the International Emergency Economic Powers Act after the U.S. Supreme Court struck them down this year, according to filings in the trade court and Federal Circuit.

  • June 04, 2026

    Fed. Circ. Solidifies Google, Oath Wins In Arendi Patent Suits

    The Federal Circuit on Thursday upheld Google LLC and Oath Holdings Inc.'s wins over Arendi SARL's lawsuits that accused them of infringing various data system patents, agreeing with a Delaware federal court that the patents weren't valid to begin with.

  • June 04, 2026

    Pot Business Tells 6th Circ. Mich. City Defied Court Order

    The clerk of a Michigan city intentionally sabotaged a plan to revitalize a deserted shopping center to prevent cannabis businesses from operating there, a real estate company told a Sixth Circuit panel Thursday in hopes of reviving its suit over the delays and setbacks.

  • June 04, 2026

    Wash. Justices Won't Review Card Processor's Tax Refund

    Washington state's high court declined to review a lower court decision finding that the state's tax agency wrongly included fees charged by issuing banks in a credit card processor's gross income calculation.

  • June 04, 2026

    Fed. Circ. Homes In On 'Adherence' In Canvas Duty Appeal

    A Federal Circuit panel considered conflicting interpretations of an antidumping order on artist canvases Thursday as it reviewed whether the U.S. Department of Commerce properly found a company's products to be in scope, focusing questions on what it means for canvases to promote "adherence" of paint.

  • June 04, 2026

    6th Circ. Rejects Scotts Bid To Block P&G Weed Killer

    The Sixth Circuit on Thursday affirmed a lower court's refusal to block Procter & Gamble from selling its Spruce weed killer, holding that Scotts failed to show its Miracle-Gro packaging is distinctive enough to support trade dress claims or that the products are likely to confuse consumers.

  • June 04, 2026

    Blanche's AG Bid Could Face Rocky Path In Senate

    Acting Attorney General Todd Blanche will be tapped for the permanent role, but he might not have a smooth path to confirmation.

  • June 04, 2026

    Ecobee's $11.5M Thermostat IP Trial Loss Erased By Fed. Circ.

    The Federal Circuit on Thursday threw out an $11.5 million award against Ecobee Technologies in a smart thermostat patent infringement suit from Ollnova Technologies, citing problems with the verdict form and how jurors were instructed to look at the patents.

  • June 04, 2026

    Panel Unsure Fraud Suit Against Conn. Atty Was Late

    Connecticut appellate judges suggested Thursday that an attorney may have waived the right to claim a three-year statute of limitations protected her from a client's fraud suit, which resulted in a $27,000 verdict, by failing to correctly raise the issue in a trial court.

  • June 04, 2026

    EPA Unlawfully Delayed Methane Rule, Groups Tell DC Circ.

    Environmental groups told the D.C. Circuit that the U.S. Environmental Protection Agency violated the Clean Air Act by extending without justification compliance deadlines for initiating requirements aimed at reducing methane pollution from the oil and gas sector.

  • June 04, 2026

    Floor Importers Failed To Fight Fight Duty Rate, Fed. Circ. Told

    Importers appealing a U.S. Court of International Trade ruling sustaining revised antidumping duties on Chinese wood flooring missed their opportunity to challenge the rate reached by the government, a U.S. Department of Justice attorney told the Federal Circuit on Thursday.

  • June 04, 2026

    NY AG Must Preserve Cohen Docs In Trump's Civil Fraud Case

    The New York state trial court judge overseeing President Donald Trump's civil fraud case granted his request to preserve notes from private meetings between state litigators and Trump's former attorney Michael Cohen after the key witness said he felt "pressured" to testify.

Expert Analysis

  • 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.

  • 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.

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