Appellate

  • June 22, 2026

    Mass. Justices Approve Ballot Question On Open Primary

    A ballot question proposing to replace Massachusetts' party-based primary election system with an open primary may go to voters in November, the state's highest court said Monday.

  • June 22, 2026

    Justices Say Conviction In Patz Case Was Wrongly Overturned

    The U.S. Supreme Court on Monday reversed a Second Circuit decision that wiped out a murder conviction stemming from the 1979 disappearance of six-year-old Etan Patz due to allegedly inaccurate jury instructions.

  • June 22, 2026

    Justices Seek Solicitor General's Views On Drug Pricing Law

    The U.S. Supreme Court on Monday asked the federal government to weigh in on whether it should hear the pharmaceutical industry's challenge to Oregon's drug pricing transparency law, which drugmakers say forces them to justify pricing decisions and risks exposing trade secrets.

  • June 22, 2026

    High Court Leaves Intact Mich. Drone Hunting Restrictions

    The U.S. Supreme Court on Monday declined to hear a challenge to Michigan's ban on using drones to locate downed game animals, leaving in place a Sixth Circuit ruling finding the restriction does not violate the First Amendment.

  • June 22, 2026

    High Court Won't Wade Into Fight Over CBA Leave Provision

    The U.S. Supreme Court on Monday turned down a Minnesota teachers union local's bid for review of an Eighth Circuit decision that revived a taxpayer challenge to a collective bargaining agreement's policy letting workers take paid time off to work for their union.

  • June 22, 2026

    Supreme Court Won't Review HFC Reduction Law

    The U.S. Supreme Court on Monday denied a Georgia refrigerants company's petition to review a 2020 environmental law and subsequent U.S. Environmental Protection Agency regulations requiring an 85% reduction in hydrofluorocarbon consumption by 2036, rejecting a chance to either modify or replace the "intelligible principle" test in nondelegation cases.

  • June 22, 2026

    High Court Won't Hear Dolby's PTAB Interested Party Case

    The U.S. Supreme Court on Monday rejected an appeal in which Dolby sought to require Unified Patents to name the interested parties in an unsuccessful patent challenge, leaving intact a Federal Circuit decision that Dolby cannot appeal a validity decision in its favor.

  • June 22, 2026

    Justices Decline Appeal Over Monster's $272M False Ad Win

    The U.S. Supreme Court on Monday declined to review former Vital Pharmaceuticals CEO and Bang Energy founder Jack Owoc's pro se bid to undo Monster Energy Co.'s roughly $272 million false advertising win over claims that Bang drinks contained super creatine.

  • June 22, 2026

    Justices Decline To Hear 'More Than An Athlete' TM Fight

    The U.S. Supreme Court on Monday declined to review a Federal Circuit ruling that allowed a company affiliated with LeBron James to cancel a Maryland youth nonprofit's "I Am More Than An Athlete" trademark registration based on common law rights acquired during the dispute.

  • June 22, 2026

    Justices Seek Input On NJ State Bar Diversity Challenge

    The U.S. Supreme Court has asked the federal government to weigh in on a Garden State appellate court's decision that approved a New Jersey State Bar Association system for fostering diversity in its leadership that was accused of being discriminatory.

  • June 21, 2026

    DC Circ. Sends CFPB Layoff Fight Back To District Court

    The D.C. Circuit has declined to give the Trump administration an immediate green light for a plan to lay off around half of the Consumer Financial Protection Bureau's remaining workforce, instead handing it off for a Washington, D.C., federal judge to review first.

  • June 18, 2026

    Split 6th Circ. Revives Ohio's Social Media Age Limit Law

    A divided Sixth Circuit panel Thursday wiped out a lower court's order blocking an Ohio law barring social media companies from allowing children under 16 to create accounts without parental consent, ruling that the measure does not run afoul of the Constitution.

  • June 18, 2026

    NJ Panel Reverses Go-Ahead In Disabled Student Death Suit

    A New Jersey appellate panel on Thursday renewed a public school district's bid to exit a suit accusing it of causing the death of a 14-year-old special needs student, saying it was unclear whether there were "extraordinary circumstances" justifying allowing a late filed claims notice.

  • June 18, 2026

    Ex-Wells Fargo Rep Can't Get Whistleblower Pay At Fed. Circ.

    The Federal Circuit won't revive an ex-Wells Fargo employee's suit alleging the U.S. Department of Justice won't pay her share of a $2 billion payout that settled allegations the bank misled investors about troubled loans behind its residential mortgage-backed securities, ruling Thursday the U.S. Court of Federal Claims lacks jurisdiction to review the DOJ's decision.

  • June 18, 2026

    Split 9th Circ. To Rehear Ministry's Anti-LGBTQ+ Hiring Case

    The Ninth Circuit on Thursday nixed a panel's recent ruling that the First Amendment shields a Christian ministry's practice of rejecting gay job applicants, granting Washington state's bid for a full-court rehearing while drawing protest from one appellate judge that the court has "relegated religious liberty to a second-class right."

  • June 18, 2026

    Meta Can't Undo $35M Political Ad Penalty, Wash. Justices Say

    Most of the Washington State Supreme Court justices rejected Meta's First Amendment challenge to a state political advertising disclosure law in a divided opinion, while also spurning the social media giant's argument that a $35 million penalty against it violates the Constitution's prohibition on excessive fines.

  • June 18, 2026

    Bitcoin Thief Tells 2nd Circ. Resentence Violates Constitution

    Counsel for a convicted Florida bitcoin fraudster who was sentenced to 12 years in prison for failing to pay over $20 million in restitution stemming from his role in a crypto heist on Thursday told the Second Circuit that the lower court's resentencing trampled on the constitutional rights of her client, who "never got due process at any stage."

  • June 18, 2026

    Fatal Crash Was On Pathway, Not Street, Pa. Panel Rules

    A Philadelphia suburb can't be held liable for the death of a 73‑year‑old man who was allegedly run over by his older brother who was driving in a park, a Pennsylvania state appeals court ruled Thursday, saying the 9‑foot‑wide paved pathway the crash occurred on wasn't legally a street.

  • June 18, 2026

    Fla. Court Says Death Row Inmate's New Evidence Is Too Late

    The Florida Supreme Court on Thursday ruled that a death row inmate whose case has gone before the U.S. Supreme Court cannot bring a second postconviction relief motion in state court because a deadline in state law for bringing new evidence has passed.

  • June 18, 2026

    Fed. Circ. Again Revives Valve Bid To Ax Patent In $4M Verdict

    The Federal Circuit on Thursday gave Valve Corp. yet another chance to try to invalidate rival SCUF's video game controller patent underlying a $4 million verdict, ruling that, after the appeals court revived the effort, the trial judge wrongly said Valve's arguments are barred by a prior challenge.

  • June 18, 2026

    Full Fed. Circ. Skips DePuy Bid To Redo Spine Patent Dispute

    The full Federal Circuit won't revisit a panel decision that gave new life to an inventor's suit accusing DePuy Synthes Cos. of infringing his spinal realignment method patents, letting stand the decision that faulted a lower court's handling of expert testimony in the case.

  • June 18, 2026

    Split 9th Circ. Says Feds Must Follow ESA In Water Project

    A federal regulator must comply with the Endangered Species Act as it operates a water management initiative in southern Oregon and northern California, the Ninth Circuit ruled, without adjudicating particular usage rights among irrigators, tribes and others.

  • June 18, 2026

    Tort Report: Meta Set To Face Facebook Sex Trafficking Trial

    An upcoming trial in Texas for a first-of-its-kind case against Meta and claims against a health clinic owned by a U.S. senator lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • June 18, 2026

    Feds Must Still Restore 'Truthful History' In Parks Amid Appeal

    The Trump administration cannot delay restoring information about climate change, slavery and Indigenous history to National Park Service sites by the nation's 250th anniversary while it pursues an appeal, a Massachusetts federal judge ruled on Thursday.

  • June 18, 2026

    Pennsylvania Skill Games Ruling Ups Ante For New Rules

    The Pennsylvania Supreme Court's recent ruling that skill games are subject to the same oversight as slot machines is a catalyst for lawmakers to craft a taxation and regulation framework and fuel a revenue boost Gov. Josh Shapiro has envisioned for years, experts tell Law360.

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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