Appellate

  • 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.

  • 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.

  • 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. 

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • March 26, 2026

    FCC Defends Waiver Power In Nexstar-Tegna Merger Fight

    The Federal Communications Commission on Thursday defended its authority to waive the television station ownership cap and approve the transfers at the heart of Nexstar's $6.2 billion acquisition of Tegna, telling the D.C. Circuit that the cap, as an agency rule, can be dispensed with for good cause.

  • March 26, 2026

    9th Circ. Reinstates Critical Habitat Designations For Seals

    The Ninth Circuit has reinstated critical habitat designations for two Arctic seal species, finding that federal wildlife officials were in line with the Endangered Species Act and were not required to consider foreign conservation efforts or habitats when establishing the regions.

  • March 26, 2026

    Unified Patents Keeps Win Over Email Filtering IP At Fed. Circ.

    The Federal Circuit on Thursday said it won't restore claims in an email filtering patent challenged by Unified Patents, backing a Patent Trial and Appeal Board's decision that earlier inventions rendered the claims invalid.

  • March 26, 2026

    2nd Circ. Reopens Mortgage-Backed Securities ERISA Suit

    The Second Circuit on Thursday revived a federal benefits lawsuit against Wells Fargo and Ocwen accusing the companies of mishandling home loans tied to a union pension fund's investments, overturning a lower court ruling that handed the bank and loan servicing companies a pretrial win in the proposed class action.

  • March 26, 2026

    Shutts & Bowen Must Face DQ Bid In Fla. Real Estate Dispute

    A Florida state appeals court on Wednesday revived a bid to disqualify Shutts & Bowen LLP from representing a member of a real estate business in a dispute with his fellow owners, saying a trial court improperly barred certain testimony before rejecting the disqualification motion.

  • March 26, 2026

    Watchdog Suit Seeking NJ AG Ethics Training Docs Revived

    A New Jersey appellate panel on Thursday revived a government watchdog's suit over the state attorney general's office's denial of its public records request for attorney ethics training materials, ruling the trial court should have conducted an in camera review of the requested documents before dismissing the complaint.

  • March 26, 2026

    9th Circ. Upholds Medtronic Win In Spinal Cord Device Suit

    A Washington man cannot sue medical device maker Medtronic USA Inc. on allegations it sold him a spinal cord implant that malfunctioned causing greater pain, the Ninth Circuit ruled, saying he lacked expert witnesses to support his negligence claims.

  • March 26, 2026

    Ex-Deloitte Workers Can't Undo Charge Revival, 4th Circ. Says

    The full Fourth Circuit has declined to reconsider its late February decision to revive most of the charges against two ex-Deloitte workers accused of stealing the company's trade secrets, after the workers insisted the unfavorable ruling bucked circuit and U.S. Supreme Court precedent.

  • March 26, 2026

    Creek Justices Order New Update On Freedmen Citizenship

    The Muscogee (Creek) Supreme Court has ordered a second status report on how the tribe's citizenship board and principal chief are complying with a decision to give citizenship to descendants of those once enslaved by the Indigenous nation.

  • March 26, 2026

    11th Circ. Affirms Slashing Tax Breaks For Conservation Gifts

    Two partnerships that claimed tens of millions of dollars in tax deductions for protecting 530 acres in Georgia from development grossly overvalued their contributions and rightfully drew penalties from the Internal Revenue Service, the Eleventh Circuit said in affirming a U.S. Tax Court decision.

  • March 26, 2026

    Worker Who Scored High Court Win Can't Get Atty Fees Yet

    An Ohio federal judge refused to award $466,000 in attorney fees to a straight woman who persuaded the U.S. Supreme Court to revive her bias suit, saying that while she won her appeal she still hasn't technically won the case.

  • March 26, 2026

    NC Justices Asked To Review 'Sealed Container' Defense

    A man suing a retailer and distributor over injuries he sustained when a counterfeit lithium-ion battery exploded is asking the North Carolina Supreme Court to take up the case, saying the appeals court wrongly held that the sealed container defense blocked his claims.

  • March 25, 2026

    Split Del. High Court Affirms Paramount Merger Docs Ruling

    In a split decision, the Delaware Supreme Court on Wednesday agreed with a lower court's finding that news articles containing anonymous sourcing were reliable enough to support investors' demands for records pertaining to Paramount Global's merger with Skydance Media.

Expert Analysis

  • 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.

  • 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.

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