Appellate

  • June 09, 2026

    CIT Judge Skeptical Of Gov't's IEEPA Refund Appeal

    A U.S. Court of International Trade judge spent much of an hour-plus hearing Tuesday attempting to talk the federal government out of appealing his order requiring immediate refunds of President Donald Trump's invalidated tariffs, but he seemed to make little headway.

  • June 09, 2026

    Calif. Courts Shoot Down Santee Housing Project

    Two California courts last week largely sided with environmentalist groups that challenged the city of Santee's approval of a local 3,008-unit housing project, ruling that the proposed project's approval violated state laws.

  • June 09, 2026

    Fed. Circ. 'Recalibrates' Analysis For Constitutional Standing

    The Federal Circuit eased the line between constitutional and statutory standing last month when reviving A.L.M. Holding Co.'s infringement suit against Zydex Industries Private Ltd., in a decision attorneys say makes standing more accessible and clarifies how patent licensors can maintain their rights.

  • June 09, 2026

    4th Circ. Revives Ex-Gilead Worker's Defamation Suit

    The Fourth Circuit revived Tuesday a lawsuit from a former biopharmaceutical company employee after finding that he'd sufficiently backed his claim for vicarious liability against Gilead Sciences Inc., but refused to draw a co-worker back into the case.

  • June 09, 2026

    Fed. Circ. Upholds $37.5M Patent Verdict Against TP-Link

    The Federal Circuit on Tuesday affirmed a $37.5 million patent infringement verdict against two companies selling TP-Link wireless network devices that were sued by patent licensing company Atlas Global Technologies LLC.

  • June 09, 2026

    Ill. Wage Law Doesn't Mirror Fed. Work Limits, 7th Circ. Says

    Illinois wage law does not incorporate a federal test limiting compensable work to tasks performed primarily for an employer's benefit, the Seventh Circuit held Tuesday, reviving Amazon warehouse workers' claims that they were owed overtime for mandatory preshift COVID-19 screenings.

  • June 09, 2026

    OnlyFans Users Ask 9th Circ. To Revive Calif. Auto-Renew Suit

    OnlyFans subscribers on Tuesday urged the Ninth Circuit to revive a proposed class action alleging unlawful subscription auto-renewals, arguing California courts have jurisdiction over the platform's U.K. parent company because it auto-renews thousands of Golden State subscriptions and generates $400 million from the state annually.

  • June 09, 2026

    Insurance Co. Wins New Look At $11M Wash. Tax Bill

    A Washington appeals court panel agreed Tuesday to partially reconsider its March reversal of a tax award of nearly $11 million to a title insurance provider, announcing it had withdrawn the previous decision and will file a new opinion.

  • June 09, 2026

    Karen Read Investigators' Texts Spark Call For Bias Review

    The Massachusetts public defender agency said Tuesday it is requesting a review of all cases involving two state police officers who exchanged racist, sexist, antisemitic, homophobic and other offensive text messages that were discovered in the course of litigation over the high-profile prosecution of Karen Read.

  • June 09, 2026

    RICO Trade Secret Suit Can Survive In Texas, 5th Circ. Says

    The Fifth Circuit on Tuesday reversed a lower court's decision dismissing a lawsuit against the head of an industrial cleaning services company over allegations that his business routinely steals employees from competitors, finding there was a plausible claim against him personally.

  • June 09, 2026

    Texas Appeals Court Reinstates $439M Infrastructure Bonds

    A split Texas appeals court on Tuesday permitted a fast-growing Texas county near Austin to proceed with $439 million worth of infrastructure projects, dealing a setback to a group of county residents who claimed the election approving the bonds was invalid.

  • June 09, 2026

    DOI About-Face Stokes Yearslong Cherokee Land Rights Fight

    The United Keetoowah Band of Cherokee Indians has for years been tied up in litigation with its sister tribe, the Cherokee Nation, over land rights, healthcare and more. Now, a recently withdrawn U.S. Department of the Interior memo over rights to 2.63 acres of land is again stoking tensions.

  • June 09, 2026

    Car Co. ESOP Suit Tossed For Breaking 11th Circ. Rules

    A Florida federal judge dismissed a proposed class action against a car dealership company from ex-workers who alleged mismanagement of their employee stock ownership plan, faulting their amended complaint as a type of shotgun pleading prohibited by Eleventh Circuit rules.

  • June 09, 2026

    Ohio Appeals Court Agrees: Google Not A Common Carrier

    An Ohio appeals panel sided with Google and against a state attorney general's efforts to designate the company a common carrier subject to neutrality controls on its search results, affirming a lower court's rejection of the lawsuit because Google doesn't transport property and doesn't serve users "indifferently."

  • June 09, 2026

    11th Circ. Says Stolen Drugs Theory Can't Undo Life Terms

    A divided Eleventh Circuit has refused to overturn a narcotics dealer's double life sentence for an associate's overdose death, finding that although he did not personally provide the drugs to the woman who fatally overdosed, he is still liable under federal law for her death.

  • June 09, 2026

    Fired Aide Tells Justices DA Invoked Bias Carveout Too Late

    The Eleventh Circuit ignored civil procedure standards when it said the district attorney's office in Fulton County, Georgia, could argue that a former top aide's position was exempt from anti-bias law, the fired worker told the U.S. Supreme Court, arguing the office needed to raise that defense earlier.

  • June 09, 2026

    Mass. Justices Keep 3 Murder Defendants Held Without Bail

    The Massachusetts Supreme Judicial Court affirmed on Tuesday that a high court justice had the discretion to deny bail to three men charged with first-degree murder, despite the fact that they had been incarcerated without a guilty verdict since 2021.

  • June 09, 2026

    Dodge, Jeep Accused Of Delaying Headrest Class Action Trial

    Class members claiming headrests in several Dodge and Jeep vehicles can spontaneously deploy with a potential to cause serious injury accused automaker FCA on Monday of using arbitration claims to delay a federal court trial that has been pending for six years.

  • June 09, 2026

    Environmentalists Challenge EPA Methane Rule Rollback

    The Environmental Defense Fund will challenge a new U.S. Environmental Protection Agency rule loosening methane emission standards for the oil and gas industry in the D.C. Circuit.

  • June 09, 2026

    Senate Confirms Longtime Kan. Prosecutor, KBI Chief To Bench

    The Senate voted 51-46, along party lines, on Tuesday to confirm Tony Mattivi, director of the Kansas Bureau of Investigation, to serve on the bench in the District of Kansas.

  • June 09, 2026

    Google Gets New Chance To Defend IP In Sonos PTAB Dispute

    The Federal Circuit on Tuesday reversed the Patent Trial and Appeal Board's invalidation of claims in a pair of Google's voice command patents challenged by Sonos after the speaker company was accused of infringement.

  • June 09, 2026

    Zillow Loses Appeal In Pa. Fight Over $10K Data Charge

    A Pennsylvania county can charge Zillow more than $10,000 for a listing of all its property assessments under the state's Right-to-Know Law, given that the law allows the county to charge the "reasonable market value" for complex data sets, a state appellate court found Tuesday.

  • June 09, 2026

    Attys, Broker Lose 4th Circ. Bid To Toss Tax Convictions

    The Fourth Circuit on Tuesday affirmed the convictions of a father-daughter attorney duo and an insurance agent in a $22 million tax avoidance scheme, rejecting their arguments that the calculations on the allegedly false tax forms were technically true and the venue was improper.

  • June 09, 2026

    Donor Inflated Easement's Value To $12M, 10th Circ. Told

    A partnership improperly inflated the value of a North Carolina conservation easement donation to nearly $12 million to claim a sizable charitable tax deduction and failed to support the valuation, the IRS told the Tenth Circuit.

  • June 09, 2026

    4th Circ. Lets Hartford Unit Off The Hook For Drug Test Fight

    A Hartford unit doesn't owe coverage to a drug testing company accused of reporting false positive drug tests due to substandard quality control, the Fourth Circuit ruled Tuesday, saying the suit is related to an earlier claim that was covered by another insurer.

Expert Analysis

  • 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.

  • Del. Blackbaud Ruling Signals A New Era For Cyberinsurance

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    The recent Delaware Supreme Court ruling in Travelers v. Blackbaud shows that cyberinsurance is moving into a second maturity phase, in which insurers will increasingly attempt to recover their payments from vendors and insureds will face new pressure to justify cyber incident reimbursements, say Steven Teppler at Mandelbaum Barrett and Jade Davis at Shumaker.

  • How A High Court Music Piracy Ruling Shrinks ISP Liability

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    The U.S. Supreme Court's recent opinion in Cox Communications Inc. v. Sony Music Entertainment, which concerned the boundaries of contributory copyright infringement for internet service providers, dramatically lessens both the risk that an ISP will be held contributorily liable and, relatedly, the incentives an ISP may have to help combat online copyright infringement, say attorneys at Debevoise.

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