Appellate

  • June 22, 2026

    Can Unread Emails Trigger Arbitration? 9th Circ. Airs Doubts

    Medical supplies giant Thermo Fisher Scientific pressed a Ninth Circuit panel Monday to agree that the company's repeated emails about litigation waivers should send an ex-employee's proposed class action to arbitration, but the judges repeatedly questioned why no one simply asked if the worker saw the emails.

  • June 22, 2026

    Jury Instruction Undercut Self-Defense Claim, Fla. Court Says

    A Florida appeals court has overturned a man's convictions and sentence for third-degree murder and attempted felony murder, finding that a jury instruction made it impossible for him to successfully mount a self-defense argument after he killed a man during a botched drug deal.

  • June 22, 2026

    Md. Voters Can't Weigh In On Data Center Zone, Judge Rules

    Voters in Frederick County, Maryland, will not be able to have a say on a data center development zone, a state judge ruled in an order docketed Monday, agreeing with developers that under the county's charter, an ordinance is not a law subject to referendum.

  • June 22, 2026

    Texas Asks Justices To Keep App Store Law In Force

    The Texas attorney general urged the U.S. Supreme Court to allow a state law requiring app stores to block minors from downloading apps without parental consent to remain in effect, arguing Monday that a lower court "committed several errors" in pausing the measure.

  • June 22, 2026

    NJ Appeals Court Affirms U-Haul Win In Atty Slip-And-Fall Suit

    An attorney who slipped while exiting a moving truck, falling on his face and breaking bone and teeth, cannot undo a jury verdict for U-Haul, a New Jersey appeals court ruled Monday, saying the lower court properly rejected his bid for a pretrial win.

  • June 22, 2026

    4th Circ. Says Allied Need Not Cover 'Beer Olympics' Injury

    A man who claims that he was paralyzed in an auto crash caused by alcohol provided to guests at a "Beer Olympics" party cannot recover from the host homeowners' insurance provider, the Fourth Circuit ruled on Monday, saying the policy's motor vehicle exclusion bars coverage.

  • June 22, 2026

    Mich. Appeals Court Affirms $3M Award In Equity Dispute

    The Michigan Court of Appeals upheld a $3 million award to a former employee of a wealth management company, saying Monday that enough evidence supported a jury's finding that CIG Capital Advisors deliberately misled the plaintiff about his ownership status and diverted revenue to hide profits.

  • June 22, 2026

    FCC Turns Away Effort To Repeal News Distortion Rules

    After dismissing an advocacy group's petition asking the Federal Communications Commission to reconsider how it enforces its rules against news distortion, agency staff told the D.C. Circuit Monday that it should not grant the advocates' request to force the agency's hand.

  • June 22, 2026

    7th Circ. Clears Hartford In Wire Fraud Coverage Fight

    An Illinois agency that administers financially distressed insurers' estates was correctly denied coverage of its own insurance claim stemming from fraudulent emails that caused employees to wire nearly $7 million away from the agency purportedly at the financial chief's direction, the Seventh Circuit ruled.

  • June 22, 2026

    Sodexo Can't Wipe Out Worker's Nicotine Fee Suit

    A California federal judge refused to toss a Sodexo worker's proposed class action alleging the global food services company wrongly charged nicotine-using employees $1,200 more a year for health insurance, opening discovery on allegations that a wellness program implementing the surcharge didn't meet all federal requirements.

  • June 22, 2026

    Full DC Circ. To Rehear Halt Of Alien Enemies Contempt Probe

    The full D.C. Circuit on Monday vacated a split panel ruling halting U.S. District Judge James Boasberg's criminal contempt inquiry into the Trump administration's Alien Enemies Act removals last year, agreeing to rehear the matter.

  • June 22, 2026

    9th Circ. Doubts California City's Ban On Off-Site Pot Ads

    A Ninth Circuit panel expressed doubts Monday about an ordinance in Perris, California, banning off-site advertising by cannabis dispensaries, noting that the city collects taxes on cannabis sales and questioning the city's assertion that cannabis use is illegal under federal law.

  • June 22, 2026

    Xinuos Says Judge Wrongly Recast IBM Copyright Fight

    A software company told a Second Circuit panel Monday that a New York federal judge had wrongly used her own arguments to recharacterize its copyright infringement claim against IBM into a time-barred ownership claim and give IBM a win.

  • June 22, 2026

    Atty's Bid To Void Wrongful Firing Award Revived

    A Florida appellate court revived an attorney's attempt to invalidate a nearly $353,000 award handed to a former employee in her wrongful termination case, ruling that the lawyer was entitled to challenge the judgment without satisfying the stay requirements under the state's Enforcement of Foreign Judgments Act. 

  • June 22, 2026

    Mich. Court OKs Conviction Of Man Who Filmed Traffic Stop

    A self-described First Amendment auditor who filmed a traffic stop has had his obstruction conviction upheld by a Michigan appeals court, which ruled that the right to record police did not allow him to ignore officers' lawful commands to keep a safe distance.

  • June 22, 2026

    Board Says Asylum Was Properly Denied In Light Of DUIs

    The Board of Immigration Appeals said an immigration judge reasonably denied a Cameroon man's bid for asylum based on multiple driving under the influence convictions, despite granting his application for withholding of removal to the African country.

  • June 22, 2026

    Colo. Appellate Court Says A Fist Is Not A 'Bludgeon'

    The Colorado Court of Appeals held for the first time that a fist cannot be a "bludgeon" or "simulated bludgeon" under a state law on menacing, reversing a defendant's felony menacing conviction in a split decision.

  • June 22, 2026

    Plaintiffs Ask 11th Circ. To Unfreeze Cruise Voyeurism Suits

    A group of plaintiffs suing Royal Caribbean Cruises Ltd. with allegations that one of its crew members covertly filmed them for his own gratification asked the Eleventh Circuit on Monday to undo a stay on related cases and affirm an order denying Royal Caribbean's bid to bring the cases to arbitration.

  • June 22, 2026

    Justices To Hear Fight Over Reach Of Bivens Prison Suits

    The U.S. Supreme Court agreed Monday to hear a case over whether a federal inmate can use a 1971 high court precedent to pursue damages from prison officials for allegedly failing to provide adequate medical care after a 2021 prison fight.

  • June 22, 2026

    10th Circ. Says Fire Chief Immune From Termination Suit

    A district court erred in denying a Colorado fire chief qualified immunity in a former union president's lawsuit alleging he was unlawfully terminated, the Tenth Circuit ruled Monday, finding that the former president failed to show the chief's actions violated "clearly established law."

  • June 22, 2026

    Yamaha Gets $7M Verdict Erased In Golf Cart Rollover Suit

    A Georgia appellate court panel on Monday ordered a new trial in a case in which a family won $7 million after their toddler was severely hurt in a Yamaha golf cart rollover, finding a lower court wrongly kept the motorized products maker from introducing warning label language at trial.

  • June 22, 2026

    3rd Circ. Backs Quest Over Claims Of Bad 401(k) Management

    The Third Circuit on Monday affirmed Quest Diagnostics Inc.'s victory over a proposed class action accusing the company of mismanaging its employee 401(k) plan, holding the company followed a prudent process in deciding to retain two challenged investment funds despite periods of underperformance.

  • June 22, 2026

    1st Circ. Backs Asylum Denial Due To Ability To Escape Abuse

    The First Circuit has upheld the Board of Immigration Appeals' denial of a Brazilian family's asylum case after the mother said she was repeatedly abused by her former partner, pointing to evidence that she was never unable to leave him.

  • June 22, 2026

    Philly Cops Can't Axe Daycare Owner's $4.1M Trial Verdict

    A Pennsylvania appeals panel on Monday rejected a bid from two Philadelphia police officers seeking to undo a $4.1 million verdict in favor of a daycare owner who said they beat her during the unrest following the fatal shooting of Walter Wallace, saying there's no reason to disturb the jury's findings.

  • June 22, 2026

    Feds Appeal Toss Of Ábrego García Charges

    The Trump administration said it is appealing a Tennessee federal judge's decision to throw out the human smuggling charges that it brought against Kilmar Ábrego García.

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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