Appellate

  • January 26, 2026

    Justices Nix 4th Circ. Ruling That Affirmed New Criminal Trial

    The U.S. Supreme Court on Monday ditched a Fourth Circuit ruling that affirmed habeas corpus relief for a Maryland man convicted of attempted murder, saying the appeals court overstepped federal habeas limits by second-guessing a state court's decision.

  • January 26, 2026

    DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit

    The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.

  • January 26, 2026

    SVB Says FDIC Can't Claim Setoff In $1.9B Fight

    The bankrupt parent of the failed Silicon Valley Bank on Monday made its case to the Second Circuit that the Federal Deposit Insurance Corp. lost the right to assert setoff arguments in a fight over $1.9 billion in bank funds by failing to make the argument in SVB's Chapter 11 case.

  • January 26, 2026

    Catching Up With Delaware's Chancery Court

    The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.

  • January 26, 2026

    High Court Won't Review Social Security Judge's Removal

    The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.

  • January 26, 2026

    High Court Kicks Restitution Case Back To Mich. Justices

    The U.S. Supreme Court on Monday ordered the Michigan Supreme Court to rethink ordering a man convicted of murder to pay the victim's funeral expenses under a restitution law enacted years after the slaying.

  • January 26, 2026

    Supreme Court To Define 'Consumer' Under Privacy Law

    The U.S. Supreme Court on Monday agreed to consider what criteria consumers need to meet in order to sue under the federal Video Privacy Protection Act, accepting a challenge to a ruling that said a Paramount digital newsletter subscriber could not bring a lawsuit.

  • January 23, 2026

    Ill. High Court OKs Police Force Evidence In Defense Cases

    The Illinois Supreme Court on Friday ordered state trial courts to consider allegations of police use of excessive force when deciding whether to provide a self-defense jury instruction in police battery cases.

  • January 23, 2026

    Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules

    A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."

  • January 23, 2026

    DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.

    A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary. 

  • January 23, 2026

    High Court Unlikely To Walk Back MLB's Antitrust Privilege

    Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.

  • January 23, 2026

    Feds' Wind Farm National Security Claim Faces Skepticism

    Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.

  • January 23, 2026

    6th Circ. Won't Revive Bread Financial Investors' Suit

    The Sixth Circuit won't resuscitate investor claims against the company now known as Bread Financial Holdings Inc., finding that the suit didn't show how shareholders were misled or defrauded leading up to a corporate spin-off that ended in bankruptcy.

  • January 23, 2026

    Conn. High Court Snapshot: $13.2M Estate Tax Tops January

    The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.

  • January 23, 2026

    Med Mal Verdict Must Be Offset By Other Deal, Panel Says

    An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.

  • January 23, 2026

    Supreme Court Caseload Hits 160-Year Low

    Not since the Civil War has the U.S. Supreme Court heard oral arguments in as few cases as it will this term — the latest milestone for the court's shrinking docket, and one attorneys say might have more to do with the high court's culture than its expanding emergency appeals caseload.

  • January 23, 2026

    DC Circ. Backs FERC In Oil Pipeline Pricing Dispute

    The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.

  • January 23, 2026

    Calif. Urges 9th Circ. To Block Sable Pipeline Permit

    California Attorney General Rob Bonta on Friday asked the Ninth Circuit to shut down the Trump administration's emergency approvals for Sable Offshore Corp.-owned onshore pipelines, calling it another "unlawful power grab" that violates the Administrative Procedure Act.

  • January 23, 2026

    High Court's Med Mal Ruling Won't Spark Rise In Suits

    The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.

  • January 23, 2026

    4th Circ. Maroons Copyright Fight Over Pirate Ship Pics

    The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.

  • January 23, 2026

    Fla. Judge Stresses Need For Selective Publication System

    A Florida appellate judge has strongly criticized the lack of a selective publication system for the state's appeals courts, which he said creates an overreliance on unsigned per curiam decisions that can lead to inconsistent applications of law across the state.

  • January 23, 2026

    Ill. High Court Won't Grant Posthumous Innocence Certificate

    The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.

  • January 23, 2026

    $7B Grain Belt Power Line Project Can Move Forward In Ill.

    The Illinois Supreme Court on Friday allowed Grain Belt Express LLC to move forward with plans to stretch a high-voltage direct current transmission line across nine southern Illinois counties as part of a $7 billion power supply project, reversing a lower court that said the company behind the project hadn't properly shown that it could finance it.

  • January 23, 2026

    DC, States Back Flowers Foods Driver In High Court Arb. Case

    Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.

  • January 23, 2026

    10th Circ. Asked To Overturn Mail Scam Fraud Convictions

    Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.

Expert Analysis

  • Navigating AI In The Legal Industry

    Author Photo

    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

    Author Photo

    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.

  • The Major Securities Litigation Rulings And Trends Of 2025

    Author Photo

    The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

    Author Photo

    With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.

  • How Fractional GCs Can Manage Risks Of Engagement

    Author Photo

    As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.

  • Health, Legal Employers Face Unique Online Speech Hurdles

    Author Photo

    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

    Author Photo

    The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

    Author Photo

    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Reviewing 2025's Most Pertinent Wiretap Developments

    Author Photo

    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

    Author Photo

    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

    Author Photo

    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Software Patents May Face New Eligibility Scrutiny

    Author Photo

    November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

    Author Photo

    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

    Author Photo

    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

    Author Photo

    The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.