Analysis

High Court Clarity On Subpoenas Creates Murky Path For AGs

By Carla Baranauckas

The U.S. Supreme Court's unanimous decision that the New Jersey Attorney General's Office infringed free speech by asking an anti-abortion nonprofit to release donor names gives nonprofits and companies more leverage for challenging subpoenas at the outset, although the question remains if and how attorneys general and other enforcers can ultimately obtain sought-after information following a constitutional affront.

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Audio

Approach The Bench: Justice Bacon On School Accreditation

By Cara Bayles and Steven Trader

State high courts are responsible for regulating the legal profession in their jurisdictions, and so New Mexico Supreme Court Justice C. Shannon Bacon thinks it's only right that justices reevaluate the principles behind law school accreditation.

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Analysis

ERISA Recap: 5 Litigation Developments From April

By Kellie Mejdrich

The U.S. Supreme Court turned down a bakery company's bid for review of a union multiemployer pension withdrawal bill, the Fourth Circuit held a bonus plan was exempt from federal benefits law, and the Sixth Circuit ruled federal law preempted Arkansas pharmacy benefit manager laws and regulations. Here's more on those and two other major decisions from April that benefits attorneys may want to know.

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2nd Circ. Says NY Escrow Interest Law Is Preempted, Again

By Jon Hill

The Second Circuit ruled Tuesday that national banks are exempt from a New York law that requires interest to be paid on mortgage escrow accounts, handing a key victory to Bank of America NA in closely watched litigation testing the limits of states' banking regulatory authority.

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7th Circ. Panel Split On Due Process For Ill. ICE Detainees

By Hailey Konnath

A split Seventh Circuit panel on Tuesday rejected the Trump administration's argument that immigrants unlawfully in the United States have no due process rights, though every member of the panel had a different take on the issue.

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4th Circ. Says USPTO Doesn't Have To Cough Up PTAB Docs

By Adam Lidgett

The Fourth Circuit on Tuesday said it won't force the U.S. Patent and Trademark Office to hand over certain information requested by a nonprofit volunteer about drafts of a decision in a Patent Trial and Appeal Board hearing involving a cybersecurity patent.

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Worker Fights 2nd Circ.'s Toss Of Teamsters Fund ERISA Suit

By Emily Brill

The U.S. Supreme Court should revive claims that the New York State Teamsters Conference Pension and Retirement Fund was mismanaged, a Teamsters-represented worker argued, asking the justices to breathe new life into his twice-dismissed Employee Retirement Income Security Act lawsuit.

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DC Circ. Says SEC Whistleblower Denial Doesn't Pass Muster

By Jessica Corso

The D.C. Circuit has dinged the U.S. Securities and Exchange Commission for failing to adequately explain why it denied a whistleblower award to an anonymous individual who brought forth information leading to a successful enforcement action, ordering the commission to reconsider whether it was in the public interest to deny the man's claim.

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DC Circ. Judge Jabs Pharma Atty For 10 Minutes In Price Fight

By Jeff Overley

The first D.C. Circuit showdown in widespread drug pricing litigation Tuesday appeared unlikely to deliver a badly needed win to the pharmaceutical industry, as a top manufacturer's attorney faced a cool reception generally and an extended barrage of skepticism from one judge.

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Feds Urge DC Circ. To Undo Iraqi, Afghan Visa Class Cert.

By Tom Lotshaw

The Trump administration has asked the D.C. Circuit to undo class certification for thousands of Afghan and Iraqi citizens seeking special immigrant visas after aiding U.S. forces overseas, as well as a revised plan to tackle a backlog of their delayed applications.

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FCC Asks DC Circ. To End Nexstar-Tegna Merger Challenges

By Jared Foretek

The Federal Communications Commission is calling on the D.C. Circuit to dismiss challenges to its approval of the Nexstar-Tegna deal outright, arguing that the appeals court lacks jurisdiction because approval came from its Media Bureau staff rather than the full commission, and thus wasn't a final agency action.

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EPA Says Clean Water Act Doesn't Impose PFAS Sludge Curbs

By Elaine Briseño

The U.S. Environmental Protection Agency told the D.C. Circuit Tuesday that the lower court rightly found farmers, who accused the agency of not regulating "forever chemicals" in sewage sludge, did not identify how the agency violated the Clean Water Act.

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Whistleblower Says SEC Rule Shift Cost Him Bounty

By Jared Foretek

A D.C. Circuit panel appeared split on its interpretation of the statute governing the U.S. Securities and Exchange Commission's whistleblower rewards in a case involving an anonymous tipster claiming he was due compensation even though he failed to take the information directly to the agency.

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Fed. Circ. Sides With Google In Mobile Device Patent Suit

By Adam Lidgett

The Federal Circuit Tuesday backed a California federal judge's decision to throw out a lawsuit accusing Google of infringing a patent covering a way to pause phone notifications, agreeing the patent was invalid in the first place.

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Fed. Circ. Doubts It Can Hear T-Mobile Settlement Scuffle

By Theresa Schliep

A Federal Circuit panel on Tuesday appeared skeptical that it can weigh an appeal stemming from a settlement agreement between T-Mobile and a company that accused it of infringing a Wi-Fi calling patent, even though both sides argued there were grounds for jurisdiction.

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Apple Urges Full Fed. Circ. To Undo Original Watch Import Ban

By Dani Kass

A Federal Circuit panel erred when finding the U.S. International Trade Commission properly banned imports of Apple Watches with blood oxygen-monitoring features, the tech giant behind the devices said in a plea for rehearing by the full court.

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Sanofi Unit Gets Backup In Fed. Circ. Double Patenting Appeal

By Dani Kass

Canon, Sonos and several other tech and biopharma companies have thrown their weight behind a Sanofi subsidiary's appeal challenging how the Patent Trial and Appeal Board handles obviousness-type double patenting.

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1st Circ. Sees Role As Limited In Trans Passport Fight

By Julie Manganis

A First Circuit panel on Tuesday told attorneys for both the government and a class of transgender and nonbinary people that because the class has asked to vacate a preliminary order blocking a Trump administration policy requiring that passports bear a person's sex assigned at birth, the court no longer has authority to issue an opinion.

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3rd Circ. Backs Arbitration For Pilot's Military Bias Case

By P.J. D'Annunzio

The Third Circuit on Tuesday held that a pilot who sued Piedmont Airlines Inc. for allegedly discriminating against him by refusing him a $70,000 bonus because he was away on military duty must arbitrate his claims because it involves an interpretation of his union's collective bargaining agreement.

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4th Circ. Backs Raytheon In Ex-Workers' Vaccine Bias Case

By Patrick Hoff

The Fourth Circuit upheld RTX Corp.'s defeat of a lawsuit claiming it forced out employees who received religious exemptions to its COVID-19 vaccine policy, ruling Tuesday that the ex-workers behind the suit filed their claims too late.

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4th Circ. Unsure Wells Fargo Denied Ex-Worker's WFH Request

By Hayley Fowler

A Fourth Circuit panel seemed uncertain Tuesday of whether it would uphold the entirety of a $22 million Americans with Disabilities Act verdict favoring a former Wells Fargo employee, with at least two judges questioning whether he suffered a concrete injury from the bank allegedly failing to accommodate his work-from-home request.

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4th Circ. Judge 'Uneasy' With Anheuser-Busch OT Class

By Abigail Harrison

A Fourth Circuit panel seemed unlikely to leave untouched a certified class of Anheuser-Busch LLC workers alleging the brewing giant failed to pay for pre- and post-shift work, taking issue with disparities in the class such as members hired before and after COVID personal protective equipment requirements.

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5th Circ. Revives Claims Over Cops' Return To Wrong Home

By Parker Quinlan

A panel of the Fifth Circuit has ruled that three constables in Houston must face a civil lawsuit accusing them of mistakenly entering the wrong home during a warrantless search then knowingly returning to the same property anyway to interrogate its residents at gunpoint.

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Charter Asked To Pay Overdue Royalties After 5th Circ. Loss

By Aneeta Mathur-Ashton

A Texas family has said a Fifth Circuit ruling obligates a district judge to enforce a decades-old royalty agreement against Charter Communications and to order back payment of unpaid royalties for rights of way permits in three Texas cities.

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6th Circ. Affirms Immunity For Cops In Fatal Shooting

By Susan Smiley

Two Akron, Ohio, police officers who fatally shot a 40-year-old man during a foot pursuit in 2019 are protected by qualified immunity, a three-judge Sixth Circuit panel affirmed in a published opinion.

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7th Circ. Backs Dropbox's Warrantless Search For Child Porn

By Gina Kim

The Seventh Circuit on Tuesday ruled a Dropbox user's constitutional rights weren't violated when the company inspected and shared his files containing child sex abuse material to law enforcement without a warrant, noting he gave consent to Dropbox's terms allowing inspection of data to ensure it wasn't being used illegally.

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Alcoa, Retirees Reach Deal In 7th Circ. Life Insurance Fight

By Corey Rothauser

Alcoa USA Corp. and a class of retirees told the Seventh Circuit on Tuesday they had reached a tentative settlement in a long-running dispute over union retiree life insurance benefits, asking the court to cancel a scheduled May 20 oral argument while they finalize the deal.

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Wis. Village Urges 7th Circ. To Void Oneida Tribal Trust Order

By Crystal Owens

A Wisconsin village is asking the Seventh Circuit to undo a U.S. Department of the Interior decision to place 500 acres of properties into trust for the Oneida Nation, arguing that a district court ignored evidence of bias and shielded the transactional record from meaningful scrutiny.

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9th Circ. Renews Biz Nuisance Claim Over Seattle BLM Protest

By Rachel Riley

A Ninth Circuit panel partly revived a Korean restaurant and apartment complex owner's lawsuit accusing Seattle of abandoning several city blocks during the 2020 Black Lives Matter protests, ruling Tuesday that the businesses can potentially advance nuisance claims by arguing for the suspension of the statute of limitations.

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9th Circ. Upholds Chip Injunction In Google Contract Case

By Elliot Weld

The Ninth Circuit refused to lift an injunction against Point Financial Inc. barring it from interfering with Google's license to manufacture certain computer chips while a case plays out over Google's contract with a chipmaker that went out of business.

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Hockey Players Urge 9th Circ. To Revive U.S. Antitrust Claims

By David Steele

A U.S. federal court erroneously ruled that federal antitrust law did not apply in a case involving Canada-based hockey leagues and teams, players hoping to revive their suit alleging mistreatment by the developmental leagues told the Ninth Circuit on Monday.

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10th Circ. Backs Dismissal Of Student's Mask Mandate Suit

By Benjamin Morse

The Tenth Circuit rejected a Wyoming high school student's constitutional challenge to a school COVID-19 mask mandate, finding that she and her parents failed to plausibly allege the policy compelled speech, triggered unlawful retaliation or violated due process.

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11th Circ. Revives Annie Leibovitz 'Star Wars' Photo IP Dispute

By Gina Kim

The Eleventh Circuit vacated an early win handed to a digital outlet accused of impermissibly using renowned photographer Annie Leibovitz's images taken on the set of a new "Star Wars" film that were featured in Vanity Fair, ruling on Tuesday the lower court's "understanding of copyright law was not quite right."

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11th Circ. Upholds Sentences In Medical Device Fraud Case

By Kelcey Caulder

The Eleventh Circuit on Tuesday refused to reduce the sentences of two men who lied to manufacturers about selling medical equipment to American troops in Afghanistan to obtain the goods at discounted prices and resell them within the United States.

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11th Circ. Won't Revive Ex-Ga. Teacher's Disability Bias Suit

By Patrick Hoff

The Eleventh Circuit refused to reopen a teacher's lawsuit claiming a Georgia school district fired her rather than let her work remotely during the pandemic because of a previous cancer diagnosis, ruling she waited too long to lodge a presuit charge with the U.S. Equal Employment Opportunity Commission.

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Calif. Panel Won't Undo $3M SoCal Edison Verdict

By Y. Peter Kang

A California state appeals court has affirmed a more than $3.3 million jury verdict against Southern California Edison over a worker's fall at a shuttered San Diego nuclear plant, saying certain safety evidence was wrongly excluded by the trial court but the mistake did not warrant a retrial.

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Texas Appeals Court Wary Of Reviving Trustee's $100M Claim

By Spencer Brewer

A Texas appeals panel seemed skeptical of a bankruptcy trustee's attempt to revive an action seeking to claw back money distributed by True Health Group to its shareholders before the company declared bankruptcy, asking Tuesday if the trustee brought its claims under the correct portion of the law.

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Pa. High Court Says DUI Cases Face No Special Malice Test

By Elizabeth Daley

A man sentenced to up to 39 years in prison after drunkenly killing two people and injuring two others while flying down a Pennsylvania highway at 115 miles per hour with his eyes off the road was correctly convicted by a jury of crimes requiring malice, Pennsylvania's highest court has affirmed.

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Ga. Panel Weighs Evidence Rules In Parents' Bid For New Trial

By Kelcey Caulder

The Georgia Court of Appeals considered whether a new trial is warranted in a couple's case alleging that a doctor's negligence led to the death of their infant son nine days after birth, questioning attorneys Tuesday on the appropriate standard for what is known as "habit" testimony.

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Ga. Panel Seems Chilly To Adjusting Liability For Assault

By Chart Riggall

A Georgia appellate panel appeared skeptical Tuesday of an assault victim's bid to make the apartment complex where she was attacked shoulder more of a $5 million verdict she won, saying apportioning responsibility differently would likely lead to a reversal at the state supreme court.

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Ga. Justices Sanction Asst. DA For AI Errors In Murder Case

By Lauren Berg

The Georgia Supreme Court on Tuesday sanctioned a Clayton County assistant district attorney for filing briefs that contained nonexistent case citations generated by artificial intelligence in a murder defendant's bid for a new trial, saying the prosecutor's misconduct has "sidetracked" the justices from delving into the merits of the appeal.

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Wash. Justices Say Millionaire Tax Shielded From Referendum

By Jaqueline McCool

Washington's recently passed tax on income over $1 million cannot be subject to a voter referendum, the state Supreme Court ruled, finding that the tax falls under a referendum exception because of its deemed necessity.

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Wash. Panel Upholds Seizure-Prone Driver's Crash Conviction

By Parker Quinlan

A Washington state appeals court on Tuesday upheld the vehicular homicide and assault conviction of a driver who suffered a seizure, finding a jury could reasonably find the driver culpable for ignoring pre-seizure symptoms prior to the crash.

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Wash. Panel Revives GLP-1 Health Plan Coverage Fight

By Gianna Ferrarin

A Washington state appeals court revived a proposed class action by state employees alleging their benefit plan discriminatorily barred health coverage for GLP-1 medications treating obesity, finding a lower court should have allowed the case to proceed to discovery.

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A Core Weakness In The Challenge To Birthright Citizenship

The government’s recent oral arguments against birthright citizenship in Trump v. Barbara would have the Supreme Court use modern immigration classifications as markers for a constitutional boundary that is not expressed in the Fourteenth Amendment, making the theory easier to administer but weaker as a matter of text and history, says attorney Tara Kennedy.

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Building Codes Ruling May Inform AI Copyright Arguments

The Third Circuit's recent decision in ASTM v. UpCodes, finding that republication of copyrighted building codes incorporated into binding law likely constitutes fair use, may help shape intellectual property strategy for standards organizations, rights holders and potentially even AI stakeholders, says Mitesh Patel at Reed Smith.

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1st Circ. Ruling Offers Post-Muldrow Tips For Handling PIPs

The First Circuit's recent ruling in Walsh v. HNTB, one of the first circuit-level applications of Muldrow's lowered adverse employment action threshold, indicates that performance improvement plans can remain on solid footing if they don't affect the terms of employment, says Sasha Thaler at Constangy.

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The 2026 Lawyer Satisfaction Survey: Make Your Voice Heard

How is your work-life balance? Are you content with your compensation and opportunities for advancement at work? Take the 2026 Law360 Lawyer Satisfaction Survey and share your thoughts.

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DOJ Atty Faces Possible Discipline Over DHS 'Lack Of Candor'

By Lauren Berg

A Rhode Island federal judge, whom the U.S. Department of Homeland Security criticized for releasing a noncitizen with an alleged overseas warrant for homicide, on Tuesday said she is referring an assistant U.S. attorney for disciplinary proceedings for not disclosing the warrant to her beforehand.

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Brief

FCC Chair Carr Promotes 6 In Key Legal, Policy Roles

By Christopher Cole

The Federal Communications Commission's staff are playing musical chairs, and it means high-level promotions for a half-dozen legal aides of agency chief Brendan Carr.

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SEC Lifts NY Atty's Lifetime Practice Ban

By Katryna Perera

The U.S. Securities and Exchange Commission on Tuesday lifted a lifetime ban preventing a New York attorney from practicing before the agency, following an attempt to leverage a client's testimony before the SEC.

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