Appellate

  • March 31, 2026

    Split 4th Circ. Affirms Injunction On W.Va. Drug Discount Law

    A split Fourth Circuit panel sided with a trio of pharmaceutical manufacturers Tuesday that opposed a West Virginia law addressing drug delivery in the 340B program, saying the law attempted to reshape the "contractual bargain" Congress makes with private parties through its spending powers.

  • March 31, 2026

    5th Circ. Grills Fraudsters Over $158M Healthcare Scheme

    A Fifth Circuit panel pushed back on two men's contention that their convictions in a $158 million healthcare scheme should get thrown out, asking Tuesday how the evidence the jury heard wasn't enough to uphold the convictions.

  • March 31, 2026

    Texas Court Says Football Player's Med Mal Report Was Faulty

    A Texas appellate court said a trial court erred when it overruled objections the Texas A&M University System raised over an expert report filed for healthcare liability claims brought by a football player who suffered an ankle injury.

  • March 31, 2026

    FTC Backs Florida's Move To Kill ABA's Accreditation Monopoly

    The Federal Trade Commission said Tuesday that it supports the Florida Supreme Court's recent decision to end the American Bar Association's longstanding accreditation monopoly, agreeing with the finding that it is "not in Floridians' best interest for the ABA to be the sole gatekeeper" in deciding who sits for the bar exam.

  • March 31, 2026

    USPTO Tells Fed. Circ. Patent Panel Is Constitutional

    The U.S. Patent and Trademark Office is urging the Federal Circuit to reject a British bookmaker's challenge to a review panel's revival of DraftKings' inter partes review of one of its patents, saying any constitutional challenges have to fail.

  • March 31, 2026

    Bias Challenge To Juror Strike Wasn't Waived, Justices Told

    A Black man on Mississippi's death row told the U.S. Supreme Court on Tuesday that state courts failed to properly address his objections to the prosecution's peremptory juror strikes at his 2006 trial, which he said were racially motivated.

  • March 31, 2026

    11th Circ. Says Hotels Must Face Jury On Trafficking Claims

    Property owners don't need to have specific knowledge of a sex trafficking victim's exploitation to be complicit in their forced prostitution, the Eleventh Circuit ruled, in the process reviving claims against two Atlanta-area hotels where three teenage girls were allegedly forced into sex work.

  • March 31, 2026

    Full Fed. Circ. Is Told Panel Defied EcoFactor In DePuy Case

    DePuy Synthes is urging the full Federal Circuit to review a circuit panel's decision reviving patent infringement litigation against it, saying the panel majority undermined the court's en banc EcoFactor decision on when to admit expert testimony.

  • March 31, 2026

    9th Circ. Won't Rethink Apple App Store Injunction

    The Ninth Circuit on Monday refused Apple's bid to reconsider part of a panel decision in Epic Games Inc.'s favor that largely affirmed an injunction blocking Apple from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems, declining to clarify what fees Apple can charge.

  • March 31, 2026

    NJ Justices Reluctant To Stick Zurich With $2M UIM Bill

    The New Jersey Supreme Court on Tuesday appeared skeptical that a TJX Cos. employee can recover up to the full $2 million limit in his employer's auto policy with Zurich American Insurance Co., rather than its $15,000 limit for underinsured motorists.

  • March 31, 2026

    Ill. Panel Says No Error In Doc's Nerve Damage Suit Win

    An Illinois state appeals court panel won't upset a jury verdict that cleared a gynecologist from claims alleging her medical negligence caused nerve damage during a long procedure, finding the trial court wasn't wrong in its evidentiary or jury decisions.

  • March 31, 2026

    7th Circ. Scolds Ex-Judge For Citing Fake Cases In Brief

    A Seventh Circuit panel admonished an attorney and former chief federal immigration judge for submitting a brief citing two nonexistent cases and a false quotation, saying while such errors can be "tell-tale signs" of AI hallucinations, her denial she used AI is "plausible" and the court won't consider further sanctions.

  • March 31, 2026

    10th Circ. Revives Suit Over Tulsa Officer Killing Unarmed Man

    A Tenth Circuit panel has denied qualified immunity to an officer who shot an unarmed Black man, finding in a reversal that the officer's "use of force was unreasonable," allowing a civil rights case brought by the man's family to go to trial.

  • March 31, 2026

    DC Circ. Clears Maritime Commission's Refusal-To-Deal Rule

    A D.C. Circuit panel sided Tuesday with the Federal Maritime Commission as it defended a regulation governing how it will consider whether an ocean shipping company unreasonably refused to deal with would-be shippers, rejecting a trade group challenge and concluding the agency rightly baked rate analysis into its considerations.

  • March 31, 2026

    Fed. Circ. Upholds TikTok's Win Against 'For You' Patent Suit

    The Federal Circuit on Tuesday affirmed TikTok Inc. prevailing in a patent infringement suit brought by video technology developer 10Tales that alleged the app's "For You" feature copied its invention covering a digital "recommendation system."

  • March 31, 2026

    Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

    In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

  • March 31, 2026

    Feds Ask 1st Circ. To Nix 'Slapdash' 3rd Country Notice Order

    A Massachusetts federal judge overstepped his authority in ordering the U.S. Department of Homeland Security to provide deportees being sent to so-called "third" countries where they have no prior ties an opportunity to challenge their destinations, the Trump administration told the First Circuit.

  • March 31, 2026

    Injured BNSF Worker Can't Get Full $3M Verdict, Court Says

    A Missouri appeals court on Tuesday upheld a jury's decision to sharply reduce a $3 million verdict awarded to a former BNSF truck driver injured in a rail yard collision, ruling that the trial court properly allowed jurors to consider whether the driver himself was also at fault.

  • March 31, 2026

    Public Health Groups Challenge EPA's Mercury Limits Repeal

    The American Academy of Pediatrics and more than a dozen environmental and public health groups are calling on the D.C. Circuit to vacate the U.S. Environmental Protection Agency's repeal of Biden-era limits on mercury and air toxins, saying the move will jeopardize children's health across the country.

  • March 31, 2026

    11th Circ. Won't Revisit Order Keeping Migrant Facility Open

    The Eleventh Circuit on Tuesday denied a request from environmental nonprofits to allow a lower court's order halting operations of a Florida immigrant detention facility, saying in a split decision that new issues were improperly raised for the first time. 

  • March 31, 2026

    Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

    The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

  • March 31, 2026

    5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

    The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

  • March 31, 2026

    Habba, Ex-Firm Get Defense Redo In Suit Over Divorce Advice

    A New Jersey appeals court gave former acting U.S. Attorney for New Jersey Alina Habba another chance to pursue an anti-abusive litigation motion against an attorney suing her for malicious prosecution on Tuesday.

  • March 31, 2026

    Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

    A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

  • March 31, 2026

    70+ Republicans Ask Justices To Review NY Gun Liability Law

    More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

Expert Analysis

  • 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.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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.

  • 10th Circ. Dissent May Light Path For Master Account Access

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    While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.

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