Appellate

  • March 23, 2026

    FCC Urges Justices To Reject Repeal Of Penalty Power

    The Federal Communications Commission has urged the U.S. Supreme Court to keep the agency's monetary penalty powers intact, saying the agency's current practice does not deny targets of fines their right to a jury trial and is not binding until a court orders payment.

  • March 23, 2026

    Amarin Tells Justices Hikma Drug Patent Appeal Threatens IP

    Amarin Pharma Inc. has urged the U.S. Supreme Court to uphold a decision that it plausibly alleged that generics maker Hikma Pharmaceuticals USA Inc. encouraged infringement of patents on the heart drug Vascepa, saying a reversal "would dramatically dilute intellectual property protection throughout the nation."

  • March 23, 2026

    4th Circ. Finds Mortgage Docs Didn't Violate Bankruptcy Stay

    The Fourth Circuit has declined to revive a debtor's lawsuit claiming his mortgage servicers violated bankruptcy protections, finding that none of the monthly account statements, payoff statements and tax statements the servicers sent him were related to debt collection. 

  • March 23, 2026

    11th Circ. Upholds Florida's Ban On Lab-Grown Meat

    The Eleventh Circuit on Monday rejected a food technology company's bid to block Florida's ban on lab-grown chicken, ruling that the federal Poultry Products Inspection Act does not preempt the state law because the statute governs production standards and ingredients, not whether a state may ban a product outright.

  • March 23, 2026

    9th Circ. Upholds Trafficking Enhancement In Ghost Gun Case

    The Ninth Circuit ruled Monday that an illegal ghost gun manufacturer can be given a firearm trafficking sentencing enhancement despite not knowing whether a buyer planned on using the firearms illegally.

  • March 23, 2026

    Full Fed. Circ. Won't Save Patent Suit Over Nintendo Switch

    The full Federal Circuit on Monday declined to take on Gamevice Inc.'s arguments that Nintendo Co. Ltd. made a "heads I win, tails I also win" argument to defeat patent infringement claims targeting its Nintendo Switch system, letting stand a panel decision siding with the Japanese video game company.

  • March 23, 2026

    Sotomayor Blasts 'Inexplicable' Test Refusal In Capital Case

    After the U.S. Supreme Court declined to hear a death penalty appeal Monday, Justice Sonia Sotomayor argued in dissent that the high court should have taken up a constitutional challenge to Texas prosecutors' "inexplicable" refusal to allow DNA testing on a murder weapon.

  • March 23, 2026

    J&J Amici Seek Clarity On Goldman Precedent For Class Cert.

    Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.

  • March 23, 2026

    High Court Doubts Legality Of Late-Arriving Ballot Laws

    The U.S. Supreme Court appeared skeptical Monday of Mississippi's law allowing state election officials to count mail-in ballots that arrive up to five days after Election Day, with the justices divided ideologically over whether historical practices or legislative history should control the outcome of the case.

  • March 23, 2026

    Day Pitney Fights DQ Over Ex-Justice's Time On Case He Heard

    Day Pitney LLP has apologized after former Connecticut Supreme Court Chief Justice Richard A. Robinson, now a firm partner, billed 15.7 hours for reviewing a since-remanded case he heard years ago as a justice, but the firm said the "error" should not disqualify its other lawyers from advancing the litigation. 

  • March 23, 2026

    Tenn. Regulators To Challenge Kalshi Win At 6th Circ.

    Tennessee regulators are asking the Sixth Circuit to review an order barring them from taking action against Kalshi's sports contracts, marking the latest event contract dispute to reach an appeals court.

  • March 23, 2026

    Nursing Home Atty Fees Axed Over Lack Of Proximate Cause

    A New Jersey appellate panel has ruled that an estate can't recover attorney fees under the state statute governing nursing home residents' rights because the jury in an underlying wrongful‑death and negligence trial found no damages tied to any statutory violation.

  • March 23, 2026

    Ex-Border Agent's Request To Stay Assault Sentence Denied

    The U.S. Supreme Court on Monday rebuffed a U.S. Customs and Border Patrol agent's attempt to delay enforcement of his two-year prison sentence for assaulting two people at the Texas border.

  • March 23, 2026

    Injury Law Roundup: Meta Atty Uses Jane Doe Plaintiff's Name

    A Meta attorney's gaffe and Mark Zuckerberg's testimony in the closely watched social media addiction bellwether trial, and an announced $7.25 billion settlement by Bayer over Roundup weedkiller claims, lead Law360's Injury Law Roundup.

  • March 23, 2026

    ND Law Firm Can't Justify Equitable Tolling, IRS Tells 8th Circ.

    A North Dakota law firm that got the U.S. Supreme Court to revive its day-late levy challenge has failed to prove that it deserved equitable tolling of its statute of limitations, the IRS told the Eighth Circuit on Monday.

  • March 23, 2026

    Google Can't Escape Mobile Search Antitrust Case

    A Texas federal court has refused to dismiss a case from Branch Metrics, accusing Google of blocking competition from its Android search product, after finding the company does not have to make a general search engine to have standing for its antitrust claims.

  • March 23, 2026

    3rd Circ. Sides With Nuclear Plant Co. In Union Benefits Fight

    The Third Circuit on Monday sided with a nuclear power company in a dispute with an electrical workers union over contributions to employee healthcare premiums, holding that the union couldn't force issues out of court because their disagreement was outside the scope of the collective bargaining agreement's arbitration provision.

  • March 23, 2026

    NC Justices Split On Wage Act Elements In Earth Fare Appeal

    North Carolina's highest court has upheld a six-figure unjust enrichment verdict favoring the founder of the organic supermarket chain Earth Fare in a split decision that set off a debate among the justices about what is required to prove a state Wage and Hour Act claim.

  • March 23, 2026

    DOJ Says Block On Sen. Kelly's Demotion Must Be Reversed

    The Trump administration told the D.C. Circuit a court order shielding U.S. Sen. Mark Kelly, D-Ariz., a retired Navy captain, from a demotion for telling service members they don't have to follow illegal orders was "gravely wrong" and threatens military discipline.

  • March 23, 2026

    High Court Won't Hear Mich. Newborn Blood Testing Case

    The U.S. Supreme Court on Monday declined to hear a petition from parents seeking to revive claims that the way newborn blood samples are collected and stored in a Michigan health screening program violates their rights to make medical decisions for their children.

  • March 23, 2026

    Emails Enough For Law Firm To Secure Fee, NC Justices Rule

    Raleigh-based law firm Smith Debnam Narron Drake Saintsing & Myers LLP secured a $13,500 victory in the North Carolina Supreme Court when the justices found that a father's emails to the firm satisfied the state's fraud statute requirement that a contract "be in writing."

  • March 23, 2026

    Pa. AG Tells Justices He Must Intervene In Grid Fight

    Pennsylvania's attorney general urged the U.S. Supreme Court to let him intervene in Third Circuit proceedings after a panel allowed a utility's transmission line project to proceed, saying it'd "stripped" Pennsylvania of its right to regulate state land use.

  • March 23, 2026

    NC High Court Nixes Mold Claims Over Contract Limit

    The North Carolina Supreme Court has thrown out a couple's suit against a contractor over water and mold damage to their home, finding that a one-year limitation on claims in their work contract applies over the four-year statute of limitations in the state's Unfair and Deceptive Trade Practices Act.

  • March 23, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court's docket this past week featured high-stakes disputes involving major consumer brands, a reinstated video game executive, revived noncompete and compensation claims and fresh allegations of corporate misconduct in the healthcare sector.

  • March 23, 2026

    Justices Won't Review Lab Owner's Kickback Conviction

    The U.S. Supreme Court on Monday declined to review the conviction of a former California biotech president sentenced to eight years in prison for lying about the efficacy of his company's COVID-19 and allergy testing and conducting a $70 million Medicare fraud scheme. 

Expert Analysis

  • 3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine

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    A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.

  • 2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

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    The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.

  • Justices' Separation-Of-Powers Revamp May Hit States Next

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    The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.

  • 3 Securities Litigation Trends To Watch In 2026

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    Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.

  • 5 Tariff And Trade Developments To Watch In 2026

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    A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.

  • 4 Developments That Defined The 2025 Ethics Landscape

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    The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.

  • 5 Trade Secret Developments To Follow In 2026

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    Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.

  • Top 10 Employer Resolutions For 2026

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    Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.

  • Navigating AI In The Legal Industry

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    As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.

  • 4 California Insurance Law Decisions To Know From 2025

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    California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.

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