Appellate

  • 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.

  • February 12, 2026

    Town Officials Off Hook For Railroad's Axed Superfund Deal

    A Massachusetts intermediate appellate panel affirmed that two Hopedale officials are immune from claims that they torpedoed a railroad's contract to ship uranium-contaminated soil through their town of 6,000, saying the officials "had every right" to ask questions.

  • February 12, 2026

    11th Circ. Upholds Arbitration Order In Hospital-Union Row

    The Eleventh Circuit has affirmed an order sending 17 HCA Florida hospitals to arbitration to resolve a Service Employees International Union affiliate's grievances about legal fees tied to a dues deduction dispute.

  • February 12, 2026

    Ga. Panel Says Jury Confusion Perhaps Caused $113M Verdict

    A Georgia appellate panel threw out a $113 million judgment Thursday awarded to a construction worker who was struck by a passing car, ordering a new trial after finding that vague instructions may have caused the jury to double-count its attorney fee award.

  • February 12, 2026

    Former NJ AG Matthew Platkin Launches Litigation Boutique

    Former New Jersey Attorney General Matthew Platkin on Thursday announced the launch of Platkin LLP, a litigation boutique made up of former state prosecutors looking to take on cases touching on consumer protection, the rule of law and other public interest causes.

  • February 12, 2026

    Watchdog Defends Ex-Alex Jones Atty's Conn. Suspension

    A Connecticut judge did not abuse her discretion when she suspended an attorney who formerly represented conspiracy broadcaster Alex Jones in a $1.4 billion defamation case, the state's professional misconduct watchdog has told the Connecticut Supreme Court in asking the justices to skip Norman A. Pattis' appeal.

  • February 12, 2026

    5th Circ. Won't Revive Firing Claim Against American Airlines

    The Fifth Circuit won't revive an airline mechanic's claim that American Airlines fired him because of his work as a union representative, agreeing with a Texas federal judge that the claim belongs in arbitration rather than federal court.

  • February 12, 2026

    5th Circ. Won't Block Miss. E-Cig Law During Appeal

    The Fifth Circuit won't block enforcement of a Mississippi law that prohibits the sale of unauthorized e-cigarettes in the state, saying that the vape interests challenging the law haven't established standing to do so.

  • February 12, 2026

    2nd Circ. Seems Wary Of Restarting Norfolk Derailment Suit

    The Second Circuit appeared skeptical Thursday of investors' bid to revive a proposed class action against Norfolk Southern alleging that the company botched disclosures about how an efficiency plan might cause derailments, as judges seemed open to a lower court's interpretation that railroad statements about safety were puffery.

  • February 12, 2026

    3rd Circ. Won't Reconsider OT Ruling Against Home Care Co.

    The full Third Circuit will not reconsider a panel decision upholding a $1 million judgment against a home health company in a U.S. Department of Labor suit accusing it of failing to pay in-home care providers minimum wage and overtime.

  • February 12, 2026

    McKesson Freed From Opioid Death Suit By Ga. Panel

    The Georgia Court of Appeals said Thursday that drug distributor McKesson should have been freed from a suit attempting to hold it liable for a man's opioid overdose death, saying that a trial court applied the wrong statute of limitations to what was, at its core, a personal injury claim.

  • February 12, 2026

    Trump Nominates Judges For SC, Mont., Virgin Islands

    President Donald Trump on Thursday announced district court nominees for South Carolina, Montana and the U.S. Virgin Islands, as well as one nominee for the International Trade Court.

  • February 11, 2026

    Avon Loses Appeal Over $51M Verdict In Mesothelioma Case

    A California appellate court on Wednesday refused to wipe out a $51 million jury verdict against Avon for the cancer a woman says she got from using its asbestos-tainted talc, rejecting the cosmetic company's qualms with expert testimony and the trial court's evidentiary rulings.

  • February 11, 2026

    9th Circ. Partly Reverses Ford's 'Death Wobble' Class Cert.

    The Ninth Circuit Wednesday partly remanded a class certification ruling in litigation brought by Ford buyers alleging some of the auto giant's pickup trucks have a steering defect known as the "death wobble," saying the record shows that the claimed defect manifested at varying rates in different model years.

  • February 11, 2026

    DC Circ. Questions Denial Of CFTC Whistleblower Award

    The D.C. Circuit seemed skeptical Wednesday morning about the argument that the Commodity Futures Trading Commission wrongly denied a man a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation.

  • February 11, 2026

    SC High Court Probes Clerk's Misconduct In Murdaugh Appeal

    The South Carolina Supreme Court on Wednesday closely inspected Alex Murdaugh's appeal claiming the jury in his high-profile double-murder trial was biased because of comments made by a clerk of court, voicing questions and statements favorable to the disgraced lawyer's arguments.

  • February 11, 2026

    Goldstein Says He Lost Millions On Poker In 2016

    SCOTUSblog founder Thomas Goldstein told the Maryland federal jury in his tax fraud trial Wednesday that he lost nearly $3 million playing poker in 2016, directly contradicting charges that he underreported his gambling winnings, and pinned the blame for tax filing errors on his own miscalculations and shoddy work from his accountants.

  • February 11, 2026

    7th Circ. May Seek Ill. Justices' Input In Hyundai BIPA Row

    A Seventh Circuit panel on Wednesday appeared skeptical about whether Hyundai Motor America had any control over biometric data captured by cameras installed in certain Hyundai vehicles and how a proposed class of drivers was injured under Illinois' biometric privacy law, but one judge suggested the case presents a question the state's top court may need to answer.

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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