Appellate

  • February 13, 2026

    Texas Well Operator Responsible For Worker Injury Costs

    An appellate court in Texas ordered an oil well operator to compensate contractor Total Energy for a worker injured on-site, finding that an agreement with a separate midstream company required the operator to cover the cost of litigation.

  • February 13, 2026

    CareDx Seeks High Court Review Of $45M False Ad Case

    Transplant diagnostics company CareDx has asked the U.S. Supreme Court to review a Third Circuit decision that erased a nearly $45 million jury award against rival Natera in a false advertising case, arguing the appeals court is the only one that forbids juries from inferring consumer deception when determining damages.

  • February 13, 2026

    DOJ Suit Alleges Harvard Withholding Admissions Data

    The Trump administration hit Harvard University with a suit Friday claiming that the college has illegally withheld data necessary to determine whether it is following the U.S. Supreme Court's landmark ruling outlawing affirmative action in admissions.

  • February 12, 2026

    Judiciary Issues 'Rule Of Law' Ethics Guidance For Judges

    Federal judiciary advisers Thursday sought to clarify ethical boundaries for judges wading into politically charged legal waters, saying jurists can rebut "illegitimate criticism" and urge stronger security amid fears of violence while also eschewing "demeaning" or "acerbic" rhetoric.

  • February 12, 2026

    Colo. Appeals Panel Backs Ex-Director's $3.36M Jury Award

    A Colorado appellate court panel affirmed on Thursday a $3.36 million jury verdict in favor of a natural gas marketing company ex-trading director, but denied him the $10 million in statutory penalties he sought, saying an earlier version of the Colorado Wage Claim Act applied.

  • February 12, 2026

    Split 5th Circ. Backs State Farm After 'Fecal Catastrophe'

    A split Fifth Circuit on Thursday agreed with a lower court's finding for State Farm that the source of sewage that flooded a Mississippi family's home absolved the insurer of coverage, while one circuit judge said Mississippi law favored the homeowners in the "disgusting tragedy."

  • February 12, 2026

    Super Micro Investor Fights Uphill At 9th Circ. To Lead Suit

    A Ninth Circuit panel appeared skeptical Thursday of a Super Micro Computer Inc. investor's writ of mandamus petition challenging a lower court's decision to reject it as lead plaintiff in a proposed securities class action, with each judge expressing doubts that the investor has shown its "extraordinary" request for relief is warranted.

  • February 12, 2026

    Affairs, Spending Come Out In Goldstein Cross-Examination

    SCOTUSblog founder Thomas Goldstein was confronted Thursday with allegations of extramarital affairs, lavish spending and lies on asset disclosures, all in front of the jury in his ongoing tax fraud trial.

  • February 12, 2026

    5th Circ. Upholds Texas Ban On Compensated Vote Harvesting

    The Fifth Circuit on Thursday reinstated enforcement of Texas' felony ban on compensated vote harvesting, saying that hypothetical scenarios are not enough to claim that a law is unconstitutional.

  • February 12, 2026

    7th Circ. Takes Up BIPA Amendment's Retroactivity

    The Seventh Circuit heard arguments Thursday over whether a liability-limiting amendment to Illinois' biometric privacy law has retroactive application to lawsuits filed before it took effect, with one judge on the panel saying it seemed like "billions of dollars of consequences turn on how we label the change."

  • February 12, 2026

    Challenge To 3D-Printed Gun Law Fails, 3rd Circ. Rules

    The First Amendment does not protect the distribution of "purely functional code" that would allow for the 3D printing of guns, the Third Circuit ruled Thursday, ending a challenge to a New Jersey law from a Texas-based firearm company and a gun rights group.

  • February 12, 2026

    Pa. Panel Says Parolee Can't Have Probation Term Revoked

    A Pennsylvania appeals court vacated a sentence of a man sent back to prison for a probation violation, holding that because he was still serving a parole term when he failed to appear in court, he did not violate the terms of his probation.

  • February 12, 2026

    Row Over Forensic Expert Testimony Hits NC High Court

    Prosecutors are urging North Carolina's highest court to uphold a drug conviction thrown out on appeal, saying an appellate court deemed a key forensic expert's trial testimony unconstitutional using a flawed interpretation of the U.S. Supreme Court's 2024 decision in Smith v. Arizona.

  • February 12, 2026

    12 Questions For FCC Chair Brendan Carr

    It's been a "banger" of a year at the Federal Communications Commission, says agency chief Brendan Carr, who took over at the outset of President Donald Trump's second term with the goal of cutting regulations and quickly turning over more spectrum to the private sector.

  • February 12, 2026

    Wash. Justices To Hear Gym's Suit Over COVID-Era Inspection

    Washington's highest court will review an appellate ruling that state labor department inspectors violated an Anytime Fitness owner's reasonable expectation of privacy when they tailgated a gym member who used a key card to enter the facility during the COVID-19 pandemic, when businesses were supposed to be shuttered.

  • February 12, 2026

    Tesla Says Case Transfer Boosts Mandamus Bid In PTAB Fight

    A Texas federal judge's decision to send patent infringement litigation against Tesla Inc. to California strengthens the automaker's mandamus petition claiming the Patent Trial and Appeal Board wrongly turned away its challenges, Tesla told the Federal Circuit.

  • February 12, 2026

    DC Circ. Judge Rips Into Insurer In CMS Rating Case

    A Louisiana insurer found a tough critic in one D.C. Circuit judge Thursday as it argued that the Centers for Medicare & Medicaid Services used an unfair method to assess its "star ratings" for insurance plans, with the jurist saying the company seemed like it "just wanted whatever interpretation will give you a higher score."

  • February 12, 2026

    Split 4th Circ. Denies Stay Lift In CertainTeed Unit's Ch. 11

    A split panel of the Fourth Circuit on Wednesday upheld lower court rulings that left in place a stay of asbestos injury litigation facing the bankrupt affiliate of building material maker CertainTeed, with the majority ruling the debtor filed its case in good faith.

  • February 12, 2026

    DC Circ. Is Asked To Vet New DOT Immigrant Truck Driver Rule

    Drivers and labor unions on Thursday petitioned the D.C. Circuit to review the U.S. Department of Transportation's new final rule tightening states' screening procedures and eligibility criteria for nondomiciled commercial driver's licenses issued to immigrants.

  • February 12, 2026

    9th Circ. Judges Doubt AG-Picked Nevada US Atty Can Serve

    Two judges on a Ninth Circuit panel doubted Thursday the government's argument that a lower court erred by finding the U.S. Attorney General wrongly appointed Nevada's top federal prosecutor, with both judges repeatedly noting that the government's legal theory suggests that U.S. attorneys could circumvent the nomination process indefinitely.

  • February 12, 2026

    NC Justices Asked To Decide Gov.'s Power To Appoint Judges

    North Carolina Gov. Josh Stein is asking the state's top court to review a decision that let lawmakers curtail his ability to fill judicial vacancies in appellate courts, arguing the ruling defies precedent as well as the state Constitution and must be reversed.

  • February 12, 2026

    10th Circ. Says Papa John's Franchise Can't Dodge Wage Suit

    New Mexico federal court correctly lifted a stay in a delivery driver's wage and hour suit against a Papa John's franchisee because the entity was in default after it failed to pay the arbitration fees, the Tenth Circuit ruled Thursday.

  • February 12, 2026

    Vape Co. Seeks Stay Of $1.6M Judgment In Battery Blast Suit

    A vape wholesaler is asking the North Carolina Supreme Court to stay a $1.6 million judgment it was ordered to pay to the estate of a man who suffered burns when a lithium ion battery exploded in his pocket, while the estate on Thursday filed an opposition to the stay.

  • February 12, 2026

    NY Court Orders Ineffective-Counsel Hearing In Murder Case

    A New York appeals court ordered a lower court to hold a hearing for a man convicted of murder to present his case that he was given ineffective assistance of counsel when his trial attorney refused to request a lesser included offense in his case.

  • February 12, 2026

    2nd Circ. Rejects EEOC's Bid To End 55-Year-Old Bias Case

    The Second Circuit on Thursday rejected the U.S. Equal Employment Opportunity Commission's bid to close the door on a more than half-century-old race discrimination case against a union and its affiliated apprenticeship program, upholding a lower court's determination that a proposed settlement in the case falls short.

Expert Analysis

  • 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.

  • 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.

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