Appellate

  • March 06, 2026

    DOJ Forges Ahead With Law Firm EO Appeals At DC Circ.

    The U.S. Department of Justice on Friday moved ahead with filing appeals at the D.C. Circuit to defend executive orders issued by President Donald Trump targeting four law firms, just three days after the agency backtracked on its decision to drop the fight.

  • March 06, 2026

    In Deepfake Era, NY High Court Probes Evidence Standards

    A recent New York state high court decision hammering home the importance of video evidence authentication has been coined a "clarion call" for verification in the age of deepfakes by defense attorneys who say the ruling demands a change in tactics.

  • March 06, 2026

    Fla. Man Will Be Resentenced Under First Step, 11th Circ. Says

    The Eleventh Circuit on Thursday ordered a Florida man convicted of a string of armed robberies to be resentenced under the First Step Act, citing a U.S. Supreme Court ruling last year that allows for some retroactive application of the 2018 criminal justice reform law.

  • March 06, 2026

    Samsung's $303M Loss Looms Over PTAB, Trial Appeals

    The Federal Circuit heard back-to-back-to-back-to-back arguments Friday in Netlist's patent litigation with Samsung, with Netlist trying to revive its server memory patents from Patent Trial and Appeal Board losses, and Samsung trying to lessen a jury's $303 million infringement verdict.

  • March 06, 2026

    Fla. Panel Blocks Athlete's Extra Year Of College Basketball

    A Florida appellate panel on Friday blocked a lower court's temporary injunction giving an extra year of eligibility for a college basketball player, ruling in a split opinion that the order's findings weren't sufficient to grant an "extraordinary remedy." 

  • March 06, 2026

    Inventor Calls On Justices To End Prosecution Laches

    Prolific inventor Gilbert Hyatt wants the U.S. Supreme Court to take up his challenge to a doctrine that can render a patent unenforceable based on delays by the owner during prosecution, saying the U.S. Patent and Trademark Office is wrongly using the principle to kill applications.

  • March 06, 2026

    Texas Appeals Court Halts Release Of Uvalde Shooting Records

    A Texas appeals court flipped a court order requiring the Texas Department of Public Safety to hand over records relating to the 2022 Uvalde massacre to news organizations, saying Friday that the law enforcement agencies had done enough to evade judgment as a matter of law.

  • March 06, 2026

    Experts See Immunity Defense Reset After NJ Transit Ruling

    The U.S. Supreme Court's unanimous ruling Wednesday that New Jersey Transit isn't an arm of the state clarified a key limit on sovereign immunity, with experts telling Law360 that the court's emphasis on corporate form and formal liability could change how states structure and defend their state-created, quasi‑governmental entities.

  • March 06, 2026

    Insurers Off The Hook For Ga. School's $345M Sex Abuse Deal

    Four insurance companies don't have to cover a $345 million sexual abuse settlement between a private school and nearly two dozen former students, the Georgia Court of Appeals said Friday, ruling that they weren't on the hook for alleged misconduct occurring decades before their policies were written.

  • March 06, 2026

    Amazon Wage Decision Resisted Policy Pressure, Experts Say

    The Connecticut Supreme Court's opinion requiring Amazon to pay warehouse workers for time spent awaiting and undergoing post-shift security screenings used basic statutory interpretation tools, not policy arguments, to reach conclusions aligned with other pro-labor laws passed by the state legislature, experts told Law360.

  • March 06, 2026

    Colo. Court Clarifies Real Property Gift Rules In Wills

    A Colorado Court of Appeals panel has unanimously ruled that although the use restriction of a charitable gift from a will can't be deemed void, the restrictions can be modified if the original intent of the gifted property remains.

  • March 06, 2026

    NJ Trade Groups Fight Outgoing Admin's Environmental Rules

    Two New Jersey trade groups said Friday that they are challenging land use rules designed to mitigate the effects of climate change that were finalized on Gov. Phil Murphy's last day in office.

  • March 06, 2026

    Mass. Court Vacates Firearm Convictions In Murder Case

    Massachusetts' highest court on Friday cut a burglary charge and ordered a new trial to determine whether a man convicted of murder in a botched robbery scheme should also be convicted on gun charges following changes in U.S. Supreme Court precedent.

  • March 06, 2026

    Courts Aren't Ignoring Justices' TPS Orders, Ex-Judges Say

    Over 175 former federal and state judges have slammed the Trump administration's claim that lower courts "flouted" interim orders from the U.S. Supreme Court in litigation involving the administration's revocation of foreign nationals' temporary protected status, saying they weren't binding.

  • March 06, 2026

    Grocery Chain Strikes Deal In 401(k) Suit Revived By 2nd Circ.

    A supermarket chain told a New York federal court it has agreed to settle a proposed class action claiming the company allowed its 401(k) plan to be saddled with excessive fees, about six months after the Second Circuit partially revived the case.

  • March 06, 2026

    Feds Urge Supreme Court To Overturn Native Assault Rulings

    The federal government is asking the U.S. Supreme Court to overturn two Tenth Circuit decisions that determined a pair of Native American men can be convicted of simple assault under the Major Crimes Act in cases involving more serious charges, arguing that the "senseless result" can't be reconciled with the law's plain text.

  • March 06, 2026

    7th Circ. Scraps Use-Of-Force Injunction In Protesters' Suit

    The Seventh Circuit on Thursday vacated what it deemed a "constitutionally suspect" injunction that media and peaceful protesters won against federal immigration officials as the Trump administration's immigration enforcement crackdown unfolded last year in Chicago, criticizing how the lower court handled the plaintiffs' bid to dismiss their own case.

  • March 06, 2026

    Texas Justices To Weigh LLC Exemption For Ch. 7 Appeal

    The Texas Supreme Court on Friday agreed to help the Fifth Circuit resolve a bankruptcy case appeal by determining if a limited liability company governed by Texas law qualifies as exempt property in a bankruptcy proceeding.

  • March 06, 2026

    9th Circ. Mulls Whether Politics Tainted DOJ Trans Care Probe

    A Ninth Circuit panel on Friday grappled with where to draw the line between a legitimate law enforcement investigation and a politically motivated crusade, as the U.S. Department of Justice sought to revive a subpoena against a telehealth provider of gender-affirming medical care.

  • March 06, 2026

    Atty Who Prosecuted Trump Seeks Seat On Ga. Appeals Court

    A deputy district attorney who served on the team that prosecuted President Donald Trump on election interference charges has announced he will be running against incumbent Judge E. Trenton Brown III for a seat on the Georgia Court of Appeals.

  • March 06, 2026

    Fed. Circ. Revives Damages Dispute In Exafer Case

    The Federal Circuit reopened the damages amount issue in a patent infringement case brought by Israeli company Exafer Ltd. against Microsoft Corp. on Friday, saying a district judge was wrong to exclude the opinions of an Exafer damages expert.

  • March 06, 2026

    Scholars Back Rail Cos. Against Fuel Surcharge Suit Revival

    Academics and former U.S. antitrust officials have backed Union Pacific, CSX, Norfolk Southern and BNSF against rail shippers asking the D.C. Circuit to revive their suit alleging collusion on freight fuel surcharges, arguing there was nothing collusive about the response to jumps in oil prices in the 2000s.

  • March 06, 2026

    Mass. High Court Upholds Ex-Atty Pot Robbery Murder Charge

    A disbarred Massachusetts attorney will not be given a third trial for a felony murder case after the state's highest court ruled Friday that evidence presented at trial was sufficient to convict him and that he should not be given a lesser involuntary manslaughter charge.

  • March 06, 2026

    Duke Energy Settles Monopoly Suit On Eve Of Jury Trial

    Duke Energy has settled a Florida-based power provider's monopoly suit on the eve of a jury trial in North Carolina, just two months after the U.S. Supreme Court refused to review a Fourth Circuit ruling that revived the antitrust claims, according to a notice filed Friday.

  • March 06, 2026

    NY Appeals Court Won't Revive Section 8 Protections

    A New York state appellate court confirmed that a New York Human Rights Law provision outlawing source-of-income discrimination is unconstitutional, allowing landlords to decline to rent to prospective tenants with Section 8 rental vouchers.

Expert Analysis

  • 9th Circ. Ruling Evinces Tightening Of Nonmedical Hardship

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    The Ninth Circuit’s recent ruling in Vilchis-Gomez v. Bondi illustrates how a series of immigration decisions are transforming the extreme hardship defense to removal into a de facto medical necessity requirement, but practitioners can push back by continuing to assert long-standing precedents and building comprehensive records, says Abdoul Konare at Konare Law.

  • Sentencing Amendments Could Spell Paradigm Shift

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    Three of the U.S. Sentencing Commission’s recently proposed guideline amendments would have an immediate and dramatic impact on economic offenders, resulting in significantly fewer defendants receiving sentences of imprisonment and meaningfully addressing congressional directives, say Mark Allenbaugh at SentencingStats.com and Doug Passon at Doug Passon Law.

  • Del. Justices' Upholding Of SB 21 Gives Cos. Needed Clarity

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    The Delaware Supreme Court's recent unanimous decision in Rutledge v. Clearway Energy — upholding 2025 corporate law amendments enacted through S.B. 21, which clarified safe harbor protections and key terms — may help stem the DExit movement, whose proponents have claimed unpredictability in Delaware courts, say attorneys at Nelson Mullins.

  • Calif. Case Could Lead To A Redefined Pollution Exclusion

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    In recently agreeing to hear Montrose Chemical v. Superior Court, the California Supreme Court will decide whether a court should consider extrinsic evidence offered by a party to prove its interpretation of the insurance policy language, opening the door to a different definition of "sudden" in insurance policies' pollution exclusions, say attorneys at Pillsbury.

  • Series

    Volunteering With Scouts Makes Me A Better Lawyer

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    Serving as an assistant scoutmaster for my son’s troop reaffirmed several skills and principles crucial to lawyering — from the importance of disconnecting to the value of morality, says Michael Warren at McManis Faulkner.

  • Recent Rulings Show DEI Isn't On Courts' Chopping Block

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    Contrary to recent narratives that workplace diversity, equity and inclusion initiatives are on the verge of legal collapse, courts are applying familiar guardrails for litigating DEI-adjacent cases — requiring the right plaintiff, the right challenge and the right proof — rather than rewriting the rules on DEI, say attorneys at Krevolin Horst.

  • Series

    Law School's Missed Lessons: In Court, It's About Storytelling

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    Law school provides doctrine, cases and hypotheticals, but when lawyers step into the courtroom, they must learn the importance of clarity, credibility, memorability and preparation — in other words, how to tell simple, effective stories, say Nicholas Steverson and Danielle Trujillo at Wheeler Trigg, and Lisa DeCaro at Courtroom Performance.

  • Why SDNY May Be Dusting Off The Financial Kingpin Statute

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    The Southern District of New York’s recent fraud indictments against executives of bankrupt companies Tricolor and First Brands have seemingly revived the Continuing Financial Crimes Enterprise statute, and if the cases succeed, prosecutors across the country will have ample reason to reach for this long-dormant tool, say attorneys at Lankler Siffert & Wohl.

  • What Kalshi Cases Reveal About State Authority, Regulation

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    Prediction markets like Kalshi have ignited complex legal battles that get to the heart of how novel financial products intersect with traditional state enforcement authority, and courts are already beginning to divide over whether federal law preempts state enforcement authority restricting these offerings, say attorneys at Holtzman Vogel.

  • How Recent Del. Rulings Clarify M&A Deal Fraud Carveouts

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    Two recent Delaware decisions have provided clarity regarding when a party can or cannot rely on representations made during the course of an M&A transaction, particularly on the scope and enforceability of antireliance provisions, and on representations they knew or should have known were false, says Anthony Boccamazzo at Olshan Frome.

  • High Court's 'Skinny Label' Case May Tackle Wider Questions

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    The U.S. Supreme Court's upcoming decision in Hikma v. Amarin will have important ramifications for broader debates over what defines a generic version of a drug, and the pending case is already altering patent practice, say attorneys at Taft.

  • Aligning Microsoft Tools With NYC Bar AI Recording Guidance

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    The New York City Bar Association’s recently issued formal opinion, providing ethical guidance on artificial intelligence-assisted recording, transcription and summarization, raises immediate questions about data governance and e-discovery for companies that use Microsoft 365 and Copilot, say Staci Kaliner, Martin Tully and John Collins at Redgrave.

  • 11th Circ. NextEra Ruling Broadens Loss Causation Standard

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    The Eleventh Circuit's recent Jastram v. NextEra Energy decision significantly expands the loss causation standard at the motion-to-dismiss stage and may lead to suits predicated on more tenuous connections between company disclosures and alleged misstatements, say attorneys at Sidley.

  • Class Actions At The Circuit Courts: March Lessons

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    In this month's review of class action appeals, Mitchell Engel at Shook Hardy discusses four recent rulings from January and identifies practice tips from cases involving allegations of violations of consumer fraud regulations, the Fair Credit Reporting Act, employment law and breach of contract statutes.

  • Where 5th Circ. Ruling Fits In ERISA Arbitration Landscape

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    The Fifth Circuit's recent decision in Parrott v. International Bancshares, holding that an Employee Retirement Income Security Act plan may consent to arbitration, must be understood against the backdrop of a developing body of appellate authority addressing ERISA arbitration, say attorneys at Gibson Dunn.

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