Blank Rome Appellate Insights: Winning on Appeal
Welcome to Blank Rome Appellate Insights: Winning on Appeal, a newsletter dedicated to keeping you informed about the latest developments in appellate law. Each issue will provide thought leadership from our appellate litigators, insightful summaries of recent appellate court opinions, detailed analyses of significant cases, and showcase our firm’s appellate achievements.
A Note from the Editors
As we recognize International Women’s Day and Women’s History Month, we pause to celebrate the women whose talent, leadership, and perseverance enrich our community and the legal profession. Their contributions as advocates, colleagues, mentors, and leaders continue to shape the law in meaningful ways. This moment invites both reflection and renewed commitment to fostering opportunity and inclusion. We are proud to honor these achievements and the lasting influence they have across our profession.
Judge Timothy K. Lewis & Judge Stephen M. Orlofsky
Featured Articles:
Universal Vacatur in Transition: How Courts Are Interpreting CASA and the APA
By Christina Manfredi McKinley, Shane A. Pennington, Kyle J. Bobeck
A critical issue for businesses and organizations that challenge federal agency action is brewing before the Supreme Court. It concerns the scope of relief available under the Administrative Procedure Act (the “APA”) and the longstanding practice of courts reviewing agency rules or regulations to vacate those rules and regulations when violative of the APA. Read more >>
What Chilutti v. Uber Means for Arbitration Strategy in Pennsylvania
By Christina Manfredi McKinley, Layla S. Najjar, Kyle J. Bobeck
The Pennsylvania Supreme Court’s latest decision has delivered a meaningful win for businesses relying on arbitration agreements. By holding that orders compelling arbitration are not immediately appealable, the decision bolsters the efficiency that arbitration is meant to provide and reduces the risk of procedural delays. However, the ruling also leaves in place the Superior Court’s heightened scrutiny standard for online arbitration clauses, which may challenge the enforceability of existing terms of service. Companies should keep in mind that they still face a certain degree of uncertainty in online contracting, and may expect judicial scrutiny in the months ahead. Read more >>
Third Circuit Expands Pennsylvania Restrictions on Employer Use of Criminal History Information
By Theresa A. Topping
The U.S. Court of Appeals for the Third Circuit reversed a district court’s dismissal of a job applicant’s claim under Pennsylvania’s Criminal History Record Information Act (“CHRIA”), holding that the statute applies even when an employer learns of an applicant’s conviction directly from the applicant rather than from a state repository. Read more >>
Federal Circuit Affirms Summary Judgement for Sony in $500 Million PlayStation Patent Dispute: Lessons from a Deficient Expert Report
By Saketh Meka, Law Clerk
In Genuine Enabling Technology LLC v. Sony Group Corporation, decided February 19, 2026, the Federal Circuit affirmed a district court’s grant of summary judgment of non-infringement: a ruling that turned on the partial exclusion of plaintiff’s expert testimony under Daubert. The decision provides a useful framework for how courts evaluate expert testimony on structural equivalence for means-plus-function patent claims and illustrates the consequences when an expert’s analysis fails to grapple with the full scope of a disclosed structure. Read more >>
Fifth Circuit Confirms: Oral Consent Is Enough Under the TCPA
By Harrison Brown, Jeffrey N. Rosenthal, Thomas P. Cialino
On February 25, 2026, the Fifth Circuit has issued a significant TCPA decision, holding that customers can provide “prior express consent” through either oral or written means, a ruling that has significant implications for businesses that communicate with customers via automated calls. Read more >>
[View source.]
