Appellate

  • February 24, 2026

    Supreme Court Sends Baby Food Case Back To Texas

    The U.S. Supreme Court on Tuesday found that a suit against Hain Celestial Group and Whole Foods over allegedly tainted baby food was not properly removed to federal court, leaving in place a 2024 ruling by the Fifth Circuit.

  • February 24, 2026

    Justices Rule USPS Immune For Declining To Deliver Mail

    A Texas woman cannot hold U.S. Postal Service workers liable for engaging in a "racially motivated harassment campaign" against her, the U.S. Supreme Court ruled Tuesday, finding a federal tort law immunizes the service from claims related to intentional delivery failures.

  • February 23, 2026

    'Wackadoo': 9th Circ. Awarding Stays 'Like Candy,' Judge Says

    The Ninth Circuit is defying U.S. Supreme Court precedent and supersizing its immigration docket by freely awarding lengthy deportation reprieves, according to a new dissent that described a "Wackadoo" realm where noncitizens can safely await "the next Democrat administration."

  • February 23, 2026

    High Court Crafts Escape Hatch In Review Of Climate Torts

    The U.S. Supreme Court on Monday agreed to determine whether a climate change lawsuit against fossil fuel companies can proceed in state court, but the justices also created a potential off-ramp by questioning whether they can actually hear the case.

  • February 23, 2026

    Fed. Circ. Ruling Kills Google Bid To Undo Loss, Judge Told

    Touchstream Technologies Inc. has told a Texas federal judge that a Federal Circuit ruling in a different case "rebuts every argument" that Google has made to try to undo a $338.7 million jury verdict that found its Chromecast devices infringed Touchstream's patents.

  • February 23, 2026

    DC Circ. Talks Sharks, Moats In Vertex HHS Kickback Appeal

    Sharks and moats were top of mind Monday morning for one judge on the D.C. Circuit, as gene therapy drugmaker Vertex Pharmaceuticals attempted to convince the court that its fertility preservation program does not violate the Anti-Kickback Statute.

  • February 23, 2026

    Synthego Urges Justices To Reject AI Bait In CRISPR Case

    Synthego Corp. has called for the U.S. Supreme Court to turn away Agilent Technologies Inc.'s appeal of its invalidated CRISPR patents, saying the patent owner is inappropriately leveraging artificial intelligence to make the case sound more pressing than it is.

  • February 23, 2026

    ABA Says Trump Attacks On Justices Cross 'Dangerous Line'

    The American Bar Association on Monday condemned President Donald Trump's "personal attacks" against U.S. Supreme Court justices after Friday's 6-3 decision struck a blow to his tariff policy, saying the remarks "cross a dangerous line that threatens the safety of the judiciary and our judicial process."

  • February 23, 2026

    1st Circ. Says Gov't Challenge To Due Process Order Can Wait

    The Trump administration's challenge to an already-stayed Massachusetts district judge's order requiring notice and due process for noncitizens facing removal to countries where they have no prior ties was terminated by the First Circuit on Friday, with the court saying it makes more sense to wait for an appeal based on the merits of the case.

  • February 23, 2026

    7th Circ. Orders Deeper Probe Of $13M Fraudster's Severance

    A "highly suspect" severance payment a home building company made to a $13.7 million trading fraudster who also stole from the business should be further examined before a district court determines whether the payment violated a pending asset citation order, the Seventh Circuit said Monday.

  • February 23, 2026

    Justices Wary Of Broad Reading Of Cuba Expropriation Law

    The U.S. Supreme Court on Monday appeared inclined to erect guardrails around a federal law allowing U.S. victims of property seizures by the Cuban government to seek damages, in a pair of cases involving damages that could exceed $1 billion and claimants that include Exxon Mobil Corp.

  • February 23, 2026

    Tribe Says Poll Shows Ariz. Voters Oppose Copper Mine

    The San Carlos Apache Tribe says a poll released by the Center for Biological Diversity shows that Arizona voters oppose Resolution Copper Mining LLC's proposed mine, which would transfer approximately 2,500 acres within the state's Tonto National Forest to the company.

  • February 23, 2026

    Firm Waived Arbitration When It Filed Fee Suit, Ga. Panel Says

    The Georgia Court of Appeals has reversed a trial court's order sending a fee dispute between litigation firm Herman Jones LLP and an ex-client to arbitration, ruling Monday that there's "no clearer act" waiving the arbitration provision than the firm's decision to file a lawsuit instead.

  • February 23, 2026

    Snow Delays Goldstein Deliberations Until Tuesday

    The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial won't be back to deliberate until Tuesday, after snow prompted courts in the District of Maryland to close Monday.

  • February 23, 2026

    EEOC Decries New Hurdle For 3rd-Party Harassment Suits

    A recent appellate ruling making it tougher for workers to sue employers over alleged harassment by third parties threatens to undermine the goals of federal anti-bias law, the U.S. Equal Employment Opportunity Commission told the Third Circuit, backing a suit against the University of Pennsylvania.

  • February 23, 2026

    NJ Justices Say Persistent Offender Law Needs Update

    The New Jersey Supreme Court ruled Monday that a judge's factfinding under the state's persistent-offender statute violated U.S. Supreme Court precedent but amounted to harmless error, reinstating a 42‑year sentence for sexual assault and urging lawmakers to rewrite the statute.

  • February 23, 2026

    Senate Dems Aim To Require Refunds Of Illegal Trump Tariffs

    Senate Democratic lawmakers introduced legislation Monday to require the federal government to issue refunds to importers for duties paid that were imposed by President Donald Trump under the International Emergency Economic Powers Act, following the U.S. Supreme Court's ruling deeming those measures unlawful.

  • February 23, 2026

    Justices Want Natera's Take On CareDx's False Ad Petition

    The U.S. Supreme Court on Monday asked for Natera's position on a petition from rival CareDx asking the high court to review a Third Circuit decision that erased a $45 million jury award stemming from CareDx's false advertising claims.

  • February 23, 2026

    Live Nation Wants To Appeal DOJ Antitrust Case Now

    Live Nation Entertainment Inc. is asking a New York federal court for permission to immediately appeal last week's ruling that teed up several claims for trial early next month in the monopolization case being brought by the U.S. Department of Justice and state enforcers.

  • February 23, 2026

    Justices Won't Hear Challenge To Minn. Union Meeting Ban

    Mandatory anti-union meetings will continue to be illegal in Minnesota, as the U.S. Supreme Court said Monday that it won't resurrect an employer group's challenge to the ban.

  • February 23, 2026

    Justices Decline Cannabis Dormant Commerce Clause Case

    The U.S. Supreme Court on Monday declined to review a case asking it to consider whether Maryland's marijuana social equity licensing program unconstitutionally discriminated against out-of-state entrepreneurs.

  • February 23, 2026

    Catching Up With Delaware's Chancery Court

    Legal fee feuds, noncompete pact breach fights and post-closing "earnout" battles piled up in Delaware's equity and commercial law venues last week, with top jurists briefing lawmakers on efforts to better manage crowded dockets and expanded benches.

  • February 23, 2026

    Tenant Screener Didn't Hinder Disabled Man, 2nd Circ. Says

    A company that screens potential tenants' criminal and credit histories on behalf of landlords cannot be held liable under the Fair Housing Act for blocking a disabled man from moving in with his mother because it did not actually make the housing decision, a Second Circuit panel held in a precedent-setting opinion.

  • February 23, 2026

    Fed. Circ. Revives Cell Modem Patent Case

    The Federal Circuit on Monday reversed a Minnesota federal court's decision that two patents covering cellular modem technology were invalid, but refused to revive the patent owner's breach of contract claims.

  • February 23, 2026

    4th Circ. Reverses $57K Atty Sanction In Engineer's Bias Suit

    The attorney representing an Arab American worker in a civil rights retaliation suit against an engineering firm had legitimate grounds for opposing the firm's motion for an early win, the Fourth Circuit has determined, scrapping a $57,015 sanction a federal district judge imposed for allegedly dragging out the case.

Expert Analysis

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.