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Appellate
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March 25, 2026
Mass. High Court Clarifies Anti-SLAPP Standard, Atty Fees
The top appellate court in Massachusetts on Wednesday in separate opinions clarified the standard under which suits can be dismissed under the state's anti-strategic lawsuit against public participation or anti-SLAPP laws and reversed a lower court's decision to cut an attorney fee award in an anti-SLAPP case.
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March 25, 2026
Fired MSPB Member Urges Justices To Review Case
Former Merit Systems Protection Board member Cathy Harris has urged the U.S. Supreme Court to review a D.C. Circuit decision upholding her firing from the agency, arguing that the decision "muddled" the differences between the board and other federal agencies.
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March 25, 2026
Justices Skeptical Of Where To Draw Transit Worker Line
U.S. Supreme Court justices appeared to push back Wednesday on an argument by counsel for delivery drivers that their approach to an interstate transportation worker exemption to federal arbitration requirements would not go beyond the drivers.
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March 25, 2026
Murky Video Leads 7th Circ. To Reverse Officer Immunity
A man arrested during an early morning methamphetamine search at a rural Wisconsin property in 2018 may continue his battle against a police officer he says deliberately hit him in the head with a rifle, using excessive force, a Seventh Circuit panel has said in a reversal.
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March 25, 2026
Del. Chancellor Pauses Tesla Suit As Musk Cites LinkedIn Post
The Delaware Chancery Court has paused a high-profile Tesla stockholder case following a recusal bid from Elon Musk and Tesla Inc. after a judge's LinkedIn account appeared to react to a post celebrating a recent California jury verdict against Musk, including language praising efforts to stand up to "the richest man in the world."
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March 25, 2026
9th Circ. Orders BIA To Reconsider Family's Asylum Claims
An immigration appeals board must reconsider a Guatemalan family's asylum applications after the mother said she feared the Guatemalan government wouldn't protect them from her brother, the Ninth Circuit ruled, finding the board may have failed to assess "key" evidence.
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March 25, 2026
Md. Tells 4th Circ. Not To Revive Pot Licensing Suit
Maryland cannabis regulators are urging the Fourth Circuit to leave dismissed a California entrepreneur's suit alleging that its social equity licensing program discriminates against out-of-state operators, saying her complaint fails to establish any real harm.
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March 25, 2026
11th Circ. Seems Open To Reviving Botched FBI Raid Suit
An Eleventh Circuit judge appeared inclined Wednesday to revive a Georgia woman's suit over an FBI raid mistakenly carried out at her home after the U.S. Supreme Court examined the case last year and barred the federal government from invoking the U.S. Constitution's supremacy clause as a defense.
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March 25, 2026
High Court Reverses Music Piracy Liability Ruling Against Cox
The U.S. Supreme Court on Wednesday said the Fourth Circuit incorrectly affirmed a jury verdict that found Cox Communications liable for its customers' music piracy, concluding there is a legal distinction between mere knowledge of infringement and intent to promote it.
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March 25, 2026
Justices Reject Tolling For Supervised Release Absconders
The U.S. Supreme Court ruled Wednesday that the fugitive tolling doctrine, which prevents criminal defendants from earning credits to reduce prison sentences while they are not behind bars, cannot also be used to automatically penalize defendants who abscond from supervised release.
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March 24, 2026
Kinder Morgan Is An Anomaly, NLRB Tells En Banc 9th Circ.
A National Labor Relations Board attorney urged an en banc Ninth Circuit to overrule a 6-year-old precedent that recognized a "work preservation" defense for unions accused of unlawfully pressuring an employer for disputed work, saying there was good reason that "no other case" ever applied the defense.
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March 24, 2026
'Bowling Ball' Tips Scale To FERC In Gas Project, Judge Says
The Federal Energy Regulatory Commission requirement to strongly presume that projects like the liquefied gas export terminal it recently approved in Louisiana are in the public interest sits like a "bowling ball" on one side of the scales against environmental groups worried about pollution, said a D.C. Circuit judge.
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March 24, 2026
Trump Admin Settles Suit Over Biden Social Media Collabs
The Trump administration on Tuesday agreed to bar three federal agencies from interfering with social media companies' content moderation, resolving a high-profile challenge to the Biden administration's efforts to combat the spread of misinformation in a case that went up to the U.S. Supreme Court.
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March 24, 2026
Fla. Judge Faces Discipline For Remark About Shooting Attys
A Florida state judge is facing a public reprimand after admitting to becoming frustrated with attorneys in an estate dispute and saying that he "would like to tell the deputy to pull his gun and shoot all three of you," according to records filed Tuesday in the state's high court.
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March 24, 2026
Nicotine Pouch Maker To Refile FDA Suit In DC After Transfer
The maker and seller of Zone nicotine pouches on Tuesday dismissed its own lawsuit accusing the U.S. Food and Drug Administration of unfairly holding up a market application for its product, promising to refile in D.C. federal court after a Texas federal court transferred it to South Carolina federal court.
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March 24, 2026
Iowa Asks 5th Circ. To Ax 'Uncertain' Schwab Antitrust Deal
Iowa's attorney general Monday pressed the Fifth Circuit to reject investors' deal with The Charles Schwab Corp. in an antitrust suit over its merger with TD Ameritrade, arguing it offers only uncertain and hypothetical relief to class members while giving named plaintiffs and class counsel a "windfall."
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March 24, 2026
Broadband Co. Accuses Peru Of Ditching $168M Award Appeal
A broadband infrastructure corporation urged the D.C. Circuit on Tuesday to toss Peru's appeal seeking to dismiss the company's case aimed at collecting $168 million in arbitral awards, claiming that the country has let the appellate action languish for too long.
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March 24, 2026
Conservative Group Bucks Trump, FCC On Nexstar Deal
A major conservative group has come out swinging against the Federal Communications Commission's decision to waive the national TV broadcast ownership cap to let the merger of media giants Nexstar and Tegna move forward.
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March 24, 2026
7th Circ. Upholds Conviction Despite Hidden Evidence
The Seventh Circuit ruled on Tuesday that it is unable to reverse a denied federal habeas petition because a state appeals court did not act contrary to federal law in affirming a defendant's conviction despite state prosecutors not disclosing key witness interviews.
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March 24, 2026
10th Circ. Backs FERC's Overhaul Of Energy Co.'s Exit Fees
A Tenth Circuit panel denied four petitions for review Tuesday from a not-for-profit energy cooperative serving rural areas after finding that its proposal for member exit fees was properly rejected by the Federal Energy Regulatory Commission and an administrative law judge in a five-year-long dispute.
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March 24, 2026
2nd Circ. Won't Recharge Solar Panel Co. Investor Suit
The Second Circuit won't revive a proposed investor class action alleging solar panel infrastructure company Array Technologies failed to convey the impact of certain heightened costs stemming from the COVID-19 pandemic.
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March 24, 2026
IT Co. Says Fed. Circ. Ruling Blesses 'Moving Target' Records
An IT contractor said the Federal Circuit should reconsider a panel ruling upholding the U.S. Department of Commerce's authority to unilaterally take corrective action during litigation over a $1.5 billion procurement, warning it threatens to "devastate the bid protest process."
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March 24, 2026
NY Court Voids Gun Plea Over Ignored Ask For New Lawyer
A man sentenced to up to three years in prison for weapons possession had his conviction reversed Tuesday when a New York state appeals panel decided he should have been given the chance to explain why he wanted a new lawyer.
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March 24, 2026
Justices Hunt For 'Magic' Border Line In Asylum Turnback Case
The U.S. Supreme Court on Tuesday wrestled with when a noncitizen "arrives in" the U.S., but struggled to pin down whether someone's foot, hand or nose must cross a "magic" line that would obligate border officials to process them.
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March 24, 2026
11th Circ. 'Looking For Boundaries' In Ponzi Probe Appeal
The Eleventh Circuit appeared conflicted Tuesday over a former CEO's claims that he was wrongly hit with more than $800,000 in penalties after a civil securities complaint into an alleged Ponzi scheme, weighing whether he was properly dinged for three violations over one enterprise.
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.