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Appellate
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March 18, 2026
Publix Couldn't Foresee Active Shooter, Fla. Panel Says
Publix Super Markets Inc. wasn't required to anticipate an active shooter at one of its Florida stores, a state appeals court ruled Wednesday, upholding a lower court decision tossing a lawsuit alleging the chain could have prevented the 2021 fatal shooting of a toddler and grandmother.
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March 18, 2026
2nd Circ. Judge Unimpressed By OpenAI's IP Suit Stance
A Second Circuit judge on Wednesday expressed surprise when an OpenAI attorney couldn't explain whether the company's artificial intelligence system duplicated Raw Story Media Inc.'s news articles while allegedly removing copyright management information from the online reports.
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March 18, 2026
White Ex-Penn State Prof Gets Traction In 3rd Circ. Bias Fight
Penn State University faced headwinds at the Third Circuit on Wednesday as it pushed to preserve its trial court win over a white former professor's race discrimination suit, with one judge taking the school's attorney to task for categorizing the case as a broad attack on diversity, equity and inclusion programs.
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March 18, 2026
Ill. Panel Chides State Over 'Absurd' Reading Of Wage Law
An Illinois appellate court had choice words Tuesday for the Illinois Department of Labor's argument that an amendment to the Wage Payment and Collection Act deems certain corporate officers "employers" that can be held personally liable for employees' unpaid wages, calling the agency's interpretation "legally unsound" and "unjust."
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March 18, 2026
NYU Tax Center Backs IRS In 2nd Circ. Limited Partner Fight
An investment company's bid to restore a self-employment tax exemption for its limited partners improperly relies on state law to define their federal tax status, New York University's Tax Law Center told the Second Circuit in an amicus brief supporting the IRS.
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March 18, 2026
Ligado Asks Judge To Pause $100M Payment To Inmarsat
A telecom company has asked a Delaware bankruptcy judge to let it delay a $100 million payment owed to satellite operator Inmarsat, arguing that Inmarsat's alleged breach of a key settlement agreement undermined the value of the deal and caused potentially significant harm.
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March 18, 2026
NJ Justices Say Tidelands Steward Can Modify Pierhead Lines
The New Jersey Supreme Court on Wednesday held that the state's tidelands steward is permitted to modify or establish a pierhead line in front of an individual property owner's land, rejecting a challenge to the approval of two licenses permitting the expansion of a dock in Barnegat Bay.
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March 18, 2026
NJ Firm Pushes For Rare Arbitration Redo In Fee-Split Dispute
A Garden State law firm urged a New Jersey appellate panel Wednesday to throw out an arbitrator's fee-split award it said was "riddled with obvious mistakes" and issued in violation of the parties' agreement, while acknowledging that overturning arbitration decisions is "difficult" and rarely granted.
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March 18, 2026
Coke Bottler 401(k) Suit Put On Ice For High Court Ruling
A Coca-Cola bottler can't dodge a proposed class action claiming its 401(k) plan was loaded with lackluster options, a Texas federal judge ruled, saying the company's dismissal bid must wait until the U.S. Supreme Court weighs in on the standards for claims of retirement investment underperformance.
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March 18, 2026
9th Circ. Urged To Rehear Cannabis Dormant Commerce Case
A California attorney who has challenged cannabis social equity programs in numerous jurisdictions asked the entire Ninth Circuit on Tuesday to reconsider whether the U.S. Constitution's dormant commerce clause applies to federally illegal marijuana.
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March 18, 2026
AFSCME Unit, Pa. DOT Must Face Seniority Dispute
An American Federation of State, County and Municipal Employees unit and the Pennsylvania Department of Transportation cannot escape an employee's lawsuit alleging that she was placed on unpaid leave during the onset of the COVID-19 pandemic while less senior workers were able to continue working, a state appeals court ruled.
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March 18, 2026
Ga. Panel Preserves HOA Fraud Verdict, Scraps $21M Award
The Georgia Court of Appeals backed fraud and civil racketeering verdicts won by nearly a dozen homeowners against a developer but scrapped $21 million in punitive damages the residents were awarded as excessive "even given the defendants' wealth and repeated instances of bad behavior."
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March 18, 2026
NY Court Affirms Gas Hacker's Conviction In Fatal NYC Blast
An unlicensed plumber sentenced to up to 12 years in prison for causing a 2015 gas explosion that killed two people, injured 13 and destroyed several buildings on New York City's Lower East Side cannot escape his sentence, a New York state appeals court has ruled unanimously.
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March 18, 2026
Tax Prep Firm Can't Challenge Bulk Denial Of Tax Credits
Two tax preparation companies don't have enough interest in their clients' refunds to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the Ninth Circuit found, affirming an Arizona district court's ruling.
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March 18, 2026
Coal Plant Order Was Right Call, Energy Dept. Tells DC Circ.
The U.S. Department of Energy has urged the D.C. Circuit to back the DOE's order keeping a Michigan coal-fired power plant open, saying the Federal Power Act gives Energy Secretary Chris Wright broad emergency authority to prevent power plants from closing.
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March 18, 2026
Toy Co. Not Covered In Unpaid Judgment Fight, 8th Circ. Says
An insurer needn't defend a toy company accused by a competitor of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, the Eighth Circuit has ruled, holding that the policy's malicious prosecution coverage doesn't extend to abuse of process claims.
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March 18, 2026
Groups Urge DC Circ. To Rescind 2 DOE Coal Plant Orders
A group of environmental and public interest organizations urged the D.C. Circuit to overturn U.S. Department of Energy emergency orders requiring two Indiana coal-powered plants to continue operating into late March, arguing the DOE overstepped its authority.
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March 18, 2026
8th Circ. Seems Skeptical About Nix Of Wells Fargo 401(k) Suit
The Eighth Circuit appeared skeptical Wednesday of the reasoning behind a lower court's decision to toss a proposed class action alleging Wells Fargo's 401(k) forfeiture spending violated federal benefits law, but still expressed doubts about the case's viability.
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March 18, 2026
Mich. Justices Hear Broad Support For Court Rule Changes
The Michigan Supreme Court received largely supportive feedback Wednesday at its public administrative hearing on a series of proposed court rule changes, including amendments dealing with electronic service, unpublished appellate opinions and state bar representative assembly elections.
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March 18, 2026
11th Circ. Won't Revive Ex-JetBlue Worker's COVID Mask Suit
The Eleventh Circuit backed JetBlue's win in a lawsuit claiming the airline violated federal disability bias law when it refused to let a flight attendant work maskless during the COVID-19 pandemic, ruling that she waited too long to file a presuit charge with the U.S. Equal Employment Opportunity Commission.
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March 18, 2026
Conn. Justices Won't Hear Ex-Alex Jones Atty's Ethics Case
The Connecticut Supreme Court will not hear a challenge to the two-week suspension of Alex Jones' former lawyer, leaving intact an intermediate Appellate Court decision affirming the pared-down punishment surrounding his law firm's handling of Sandy Hook Elementary School massacre victims' personal information.
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March 18, 2026
Illinois Court Rejects Challenge To Chicago Dispensary Permit
An Illinois appeals court has rejected a neighbors group's challenge to a special-use permit granted to a Chicago dispensary, finding that a lower court correctly found that the group lacked standing to challenge the zoning board's decision.
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March 18, 2026
Del. Allows County Subpoena Of Witnesses For Assessments
Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.
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March 17, 2026
IP Atty Appeals Order Requiring OK To File WDTX Patent Suits
Intellectual property attorney William Ramey is asking the Federal Circuit to overturn a Texas district judge's sanctions order requiring him to seek the court's permission before filing patent suits in the future, saying the judge relied on the wrong evidence in finding the attorney failed to conduct presuit investigations.
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March 17, 2026
NJ High Court Eyes Global Plea Deal After Nixed Conviction
A man who pled guilty to two indictments urged the New Jersey Supreme Court to let him withdraw his global guilty plea Tuesday, saying that an appellate win in one of the cases has strengthened his negotiating position.
Expert Analysis
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
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4 Developments That Defined The 2025 Ethics Landscape
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.
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5 Trade Secret Developments To Follow In 2026
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.
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Top 10 Employer Resolutions For 2026
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.
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Navigating AI In The Legal Industry
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.
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4 California Insurance Law Decisions To Know From 2025
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.
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The Major Securities Litigation Rulings And Trends Of 2025
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.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
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.