Appellate

  • February 19, 2026

    11th Circ. Backs NLRB In Fla. Symphony's Impasse Appeal

    The Eleventh Circuit on Thursday upheld a National Labor Relations Board order finding that a now-defunct Florida symphony orchestra declared an impasse while negotiating with an American Federation of Musicians affiliate and unlawfully imposed a final contract offer.

  • February 19, 2026

    Wells Fargo Urges 4th Circ. To Ax Ex-Director's $22M ADA Win

    Wells Fargo is doubling down on its efforts to unravel a $22 million Americans with Disabilities Act verdict in favor of a former employee, telling the Fourth Circuit the former bank director was never denied a chance to work from home and therefore cannot claim the bank failed to accommodate him, among other things.

  • February 19, 2026

    5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent

    A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.

  • February 19, 2026

    Delta, Aeromexico Urge 11th Circ. To Void DOT Split Order

    Delta Air Lines and Aeromexico urged the Eleventh Circuit to void a U.S. Department of Transportation order directing them to dismantle their joint venture, saying the agency had offered contrived reasoning and scant evidence for purported anticompetitive effects.

  • February 19, 2026

    Texas Panel Unsure Midwife Can Escape Abortion Order

    A Texas appellate court pushed back on a midwife's assertion that a court order blocking her from providing abortions flouted the state's rules of civil procedure, saying Thursday she wasn't facing the lawsuit "for doing appendectomies."

  • February 19, 2026

    Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law

    A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program. 

  • February 19, 2026

    Feds Look To Revive Sex Abuse Ruling Over Native Status

    The U.S. is asking the Tenth Circuit for an en banc rehearing on its decision to vacate the 30-year prison sentence of a New Mexico man convicted of sexually abusing an Indigenous girl, telling the court that its error is one of exceptional importance.

  • February 19, 2026

    Colo. Adviser Asks 10th Circ. To Revive Claims Against SEC

    A Colorado municipal-securities adviser and his company asked the Tenth Circuit to reverse a Colorado federal judge's ruling that dismissed their claims accusing the U.S. Securities and Exchange Commission of illegally making administrative moves to revoke their registration.

  • February 19, 2026

    Fed. Circ. OKs Decision Clearing Sony In $500M Patent Case

    The Federal Circuit on Thursday upheld a decision that Sony's PlayStation controllers do not infringe a computer input device patent, in a case where Sony said patent owner Genuine Enabling Technology was seeking nearly $500 million in damages.

  • February 19, 2026

    Fed. Circ. Won't Revive Corcept's Drug Patent Feud

    The Federal Circuit on Thursday declined to revive a case from Corcept Therapeutics Inc. in which it accused Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym, saying a district judge didn't make a clear error in ruling Corcept hadn't shown any infringement.

  • February 19, 2026

    Del. Chancery Court Saw Record Number Of Filings In 2025

    Delaware's nationally important Chancery Court saw a record number of case filings in 2025 and has relied on the state's Superior Court to help ease its judges' caseload, the First State's chief justice told legislators on Thursday.

  • February 19, 2026

    Ga. Appeals Court Weighs Kratom Seller's Liability

    A Georgia appellate court on Thursday gave little indication on whether it would reverse a trial court's grant of summary judgment to a kratom distributor whose customer died after consuming one of its products.

  • February 19, 2026

    Ga. Watchdog Rips 'Probation' Bid From Judge In Ethics Case

    The director of Georgia's judicial watchdog urged the state's supreme court to reject a probate judge's request to escape removal from the bench, arguing that the judge's inability to correct years-long case delays despite saying he was at the courthouse seven days a week shows a lack of competence and diligence.

  • February 19, 2026

    11th Circ. Upholds Atty Sanctions, Recusal Denial In CBD Row

    The Eleventh Circuit on Thursday upheld a ruling that rejected a former franchisee for a CBD company's argument that a magistrate judge should have recused herself from a case stemming from his efforts to open a retail store in Florida as well as a decision sanctioning his attorney over duplicative court filings.

  • February 19, 2026

    Northrop Grumman 401(k) Suit Dropped For 4th Circ. Appeal

    A Virginia federal judge dismissed a suit Thursday against Northrop Grumman from workers who alleged misspending of 401(k) forfeitures, a step that followed the parties settling a final claim in anticipation of workers' Fourth Circuit appeal of the court's December order tossing most claims in the dispute.

  • February 19, 2026

    8th Circ. Pick Joins List Of Personal Attys Elevated By Trump

    President Donald Trump's latest appellate pick has served as the president's personal attorney and bills himself as "an attorney and strategist who fights for conservative values" on his LinkedIn profile.

  • February 19, 2026

    8th Circ. Keeps Arbitration Award Against Concrete Co.

    An arbitrator reasonably interpreted and applied a collective bargaining agreement when it ruled that a ready-mix concrete supplier flouted the contract when it didn't release drivers from duty based on seniority, the Eighth Circuit found.

  • February 19, 2026

    Woman Asks Justices For Relief From Tax Preparer's Fraud

    A woman facing more than $300,000 in tax bills because her return preparer committed fraud on her filings decades ago asked the U.S. Supreme Court to overturn the Third Circuit's finding that she is responsible, saying it unfairly allows the IRS to bypass the statute of limitations.

  • February 19, 2026

    'Sealed Container' Defense Sinks Exploding Battery Suit

    A North Carolina appeals panel won't revive a man's suit against a retailer and distributor alleging he was sold a defective lithium-ion battery that exploded in his pocket, saying all his claims are blocked by the sealed container defense.

  • February 19, 2026

    9th Circ. Overturns Meth Sentence Over Enhancement

    A man sentenced to five years in prison for importing methamphetamine with an enhancement for obstructing justice after contacting witnesses in his case is entitled to have his sentence reconsidered since the court did not properly find that he had in fact obstructed justice, a split Ninth Circuit has found.

  • February 18, 2026

    5th Circ. Sanctions Atty Over AI-Generated Errors In Brief

    The Fifth Circuit on Wednesday sanctioned a Texas attorney for using generative artificial intelligence to draft a brief that was "riddled with fabricated quotations and assertions," while rebuking the attorney for not being more forthcoming about her use of the technology and her failure to check its accuracy.

  • February 18, 2026

    Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win

    Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.

  • February 18, 2026

    Duke Energy's $17M Fuel Cost Recovery Improper, Panel Says

    The North Carolina Utilities Commission was wrong to let Duke Energy recover over $17 million in fuel costs two years after they were incurred, a North Carolina appeals court panel ruled Wednesday, finding that a statute permits utilities to recover only the fuel costs incurred during a one-year "lookback period."

  • February 18, 2026

    Pa. Justices Put Limits On Workers' Comp Immunity

    The Pennsylvania Supreme Court on Wednesday reined in a state law offering broad immunity from liability for co-workers in workers' compensation cases, saying co‑employee immunity does not automatically apply just because two people work for the same employer.

  • February 18, 2026

    7th Circ. Mulls Remanding Walmart ADA Injunction Bid Again

    A Seventh Circuit judge seemed open Wednesday to having a Wisconsin judge again consider federal employment regulators' injunctive relief request after a jury found Walmart liable for failing to accommodate an employee with Down syndrome, saying the trial record suggests Walmart's schedule-related misstep may not have been a one-time mistake.

Expert Analysis

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    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.

  • 2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

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    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.

  • Justices' Separation-Of-Powers Revamp May Hit States Next

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 5 Tariff And Trade Developments To Watch In 2026

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    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.

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    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.

  • 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.

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