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Appellate
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March 26, 2026
Fla. Justices Halt Ex-Officer's Execution To Allow DNA Testing
The Florida Supreme Court on Thursday halted the execution of a former police officer convicted of the rape and murder of an 11-year-old girl nearly four decades ago in order to wait for results of DNA testing that could prove his innocence.
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March 26, 2026
ITC Domestic Industry Rules Keep Opening Up In Apple Case
A Federal Circuit decision upholding a U.S. International Trade Commission exclusion order on the Apple Watch in a patent dispute with Masimo has again eased hurdles for patent owners aiming to make the ITC's required showing that they have domestic industry, attorneys say.
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March 26, 2026
'I Don't Know': 9th Circ. Presses Verrilli On Boeing Venue Issue
A Ninth Circuit judge rehearing an appeal involving a $72 million trade secret verdict against Boeing on Thursday pressed the company's counsel Donald B. Verrilli Jr. of Munger Tolles & Olson LLP to explain why the aerospace giant never previously argued the case belongs in the Federal Circuit, and Verrilli conceded he didn't know the reason.
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March 26, 2026
Colo. Appeals Court Upholds Town's Short-Term Rental Fee
A Colorado town's fee on owners of short-term rentals does not require a vote under the state's Taxpayer's Bill of Rights, a state appeals court ruled, rejecting the argument that it raises more revenue than is needed for its stated purpose.
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March 26, 2026
Hyundai Loses 9th Circ. Bid To Arbitrate Palisade Liability Suit
Hyundai Motor America Inc. can't push into arbitration a proposed class action over allegedly faulty tow wiring that can catch fire, the Ninth Circuit ruled in a split decision, rejecting as "absurd" the automaker's argument that the terms of the vehicles' subscription-based wireless service waived a driver's right to sue over defects in the rest of the SUV.
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March 26, 2026
11th Circ. Seems Split On Scope Of No-Bond Detention Policy
An Eleventh Circuit panel appeared divided Thursday on whether the Trump administration can treat immigrants who didn't seek authorized entry at the border as perpetually seeking admission and subject them to mandatory detention without bond.
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March 26, 2026
9th Circ. Won't Rehear Flagstar Escrow Interest Decision
The Ninth Circuit declined Thursday to revisit a panel decision that held federally chartered banks aren't exempt from a California law requiring interest to be paid on mortgage escrow accounts, leaving Flagstar Bank on the hook for a $9 million borrower class action judgment.
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March 26, 2026
Justices' Looming TPS Review Clouds Ethiopia Case
The U.S. Supreme Court's upcoming review of the Trump administration's efforts to curtail the temporary protected status program loomed over a Massachusetts federal judge's hearing Thursday on the future of the protections for 5,000 Ethiopians living in the U.S.
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March 26, 2026
3rd Circ. Says DNA Software Is Reliable Enough For Trial
A Third Circuit panel rebuffed a man's attempt to argue that DNA software called TrueAllele shouldn't have been used to convict him for unlawful possession of a firearm, finding that the program was sufficiently verified as reliable under court rules of evidence.
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March 26, 2026
SEC Urges Justices To Keep Disgorgement Powers Intact
The U.S. Supreme Court should continue allowing the U.S. Securities and Exchange Commission to collect ill-gotten profits from fraudsters without having to identify any particular victims of said scheme, the agency told the high court in a case that could limit its disgorgement powers.
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March 26, 2026
Pa. Justices Clarify Workers' Comp Notice For Self-Employed
A provision of the Pennsylvania Workers' Compensation Act governing notice of work-related injuries does not require sole proprietors of a business to notify their insurers of their injuries within 120 days in order to be eligible for benefits, the state's highest court ruled Thursday.
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March 26, 2026
Pa. Justices End Mandatory Life Sentences For Felony Murder
The Pennsylvania Supreme Court ended the use of mandatory life-without-parole sentences for felony murder offenses Thursday, potentially upending the sentences of more than 1,000 incarcerated people in a case that has drawn national attention.
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March 26, 2026
Colo. Appeals Court Rules Presentence Credit Can Be Waived
A criminal defendant can waive their statutory right to presentence confinement credit as a negotiated term of a plea agreement, the Colorado Court of Appeals ruled Thursday for the first time.
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March 26, 2026
Fed. Circ. Rejects Pharma Co. Refiling Suit To Reset Deadline
Ascendis Pharma missed its window to invoke a mandatory stay in California federal court based on parallel U.S. International Trade Commission proceedings, and its attempt to reset the patent litigation doesn't change that, the Federal Circuit said Thursday.
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March 26, 2026
Atty Group Backs Newman's Suspension Fight At High Court
The Bar Association of the District of Columbia has thrown its support behind Federal Circuit Judge Pauline Newman's U.S. Supreme Court challenge to the suspension imposed on her by her colleagues, saying it's doing so on behalf of those who are afraid that supporting her publicly will harm their careers.
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March 26, 2026
11th Circ. Seems Skeptical Of White Former Exec's Bias Case
The Eleventh Circuit pressed a white former medical waste disposal executive Thursday on whether the appellate court should revive his race bias case, asking him to square his discrimination argument with the fact that the woman who got the promotion he wanted was also white.
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March 26, 2026
Akin Must Explain Client's 'Self-Indulgent' 9th Circ. Appeal
Upholding a foreign arbitration award against a wine importer, the Ninth Circuit on Thursday ordered its attorneys at Akin Gump Strauss Hauer & Feld LLP to explain why they and their client shouldn't pay their opponent's attorney fees for bringing a "frivolous" and "self-indulgent" appeal.
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March 26, 2026
Texas Court Won't Dismiss Patient's Cancer Misdiagnosis Suit
A Texas appellate court has greenlighted a suit accusing a physician and two healthcare companies of misdiagnosing a patient with cancer, finding the plaintiff's expert report adequately outlined how the alleged negligence led to an unnecessary procedure.
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March 26, 2026
Abbott Unit Beats Ex-Worker's Whistleblower Suit At 8th Circ.
The Eighth Circuit declined Thursday to reinstate a former worker's suit claiming he was fired from an Abbott Laboratories subsidiary for reporting healthcare kickback violations, ruling he couldn't sue under the Minnesota whistleblower law as a Hawaii resident.
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March 26, 2026
Pa. Justices Deem Pot Group Unharmed By Abstinence Rule
The Pennsylvania Supreme Court on Thursday held that a cannabis trade association lacks standing to argue that a local court's policy of regulating medical marijuana use for treatment court participants hurts dispensary businesses, upholding a ruling that the association didn't suffer any harm itself from the policy.
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March 26, 2026
Panel Says Co. Can't Recoup Extra Costs In DOT Contract
The Civilian Board of Contract Appeals has said a contractor can't recover roughly $800,000 in excavation and backfill costs under a U.S. Department of Transportation retaining wall contract, noting it didn't include such underlying quantities in its bid.
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March 26, 2026
Contractor Label Bars Bias Claims Against Cognizant
A New Jersey appellate panel on Thursday backed the dismissal of a technology recruiter's sexual harassment and discrimination suit against Cognizant Technology Solutions and a staffing vendor, finding she worked as an independent contractor and therefore could not invoke the protections of the state's Law Against Discrimination.
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March 26, 2026
Pa. Justices Affirm Limit To Sex Abuse Immunity Exemption
A plaintiff who claimed he was sexually assaulted by employees at a Philadelphia jail can't sue the city because Pennsylvania law only grants a sexual-abuse exception to sovereign immunity if the victim was a minor at the time, the state's supreme court ruled Thursday.
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March 26, 2026
Pa. High Court Nixes Convictions Over Use Of Silent Witness
Pennsylvania's highest court vacated a man's drug and gun crime convictions Thursday due to prejudice, finding that a witness who had no intent to testify should never have been questioned before the jury by the prosecutor.
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March 26, 2026
Hawaii Condo Units Not Apts. For Tax Purposes, Court Rules
Hawaii condominium units in a Maui multiunit property are considered nonowner-occupied properties — not apartments — and should be taxed at higher rates under a county ordinance, a Hawaii appeals court affirmed.
Expert Analysis
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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2026 Int'l Arbitration Trends: Awards Against Sovereign States
The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Opinion
What Justices Got Right In Candidate Standing Ruling
The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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How Mediation Can Lead To Better Environmental Settlements
The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.