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Appellate
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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.
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March 17, 2026
DC Circ. To Decide How Far Back FERC Can Order Refunds
The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.
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March 17, 2026
9th Circ. Backs Rare FCA Theory In Huge Drug Prices Program
In a novel and potentially far-reaching decision, the Ninth Circuit on Tuesday revived a major hospital chain's False Claims Act suit accusing large pharmaceutical companies of massive overcharges in a prominent drug discount program where pricing disputes are common.
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March 17, 2026
Colo. Appeals Panel Weighs Standing In Charter Dispute
A Colorado school district argued to a state Court of Appeals panel Tuesday that the state school board didn't have authority to revoke the district's exclusive chartering authority in a dispute over the school board's role in contract negotiations with a charter school.
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March 17, 2026
USPTO Won't Ax Centripetal IPR, But Sends It To New Panel
The U.S. Patent and Trademark Office director declined Centripetal Networks' request to quash a challenge to its cybersecurity patent that was at issue in a since-nullified multibillion-dollar judgment against Cisco Systems, saying Tuesday that the Patent Trial and Appeal Board has not yet addressed the patent's validity.
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March 17, 2026
NEPA Suit On Biden Immigration Rules Not Moot, DC Circ. Told
The D.C. Circuit was pressed to revive a lawsuit accusing the Biden administration of neglecting to consider the environmental effect of reversing the first Trump administration's border policies, even though President Donald Trump has reinstated many of those policies.
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March 17, 2026
Russia Appeals To Justices In $242M Ukraine Awards Case
Russia has asked the U.S. Supreme Court to resolve a circuit split on foreign sovereign immunity, as it looks to avoid paying more than $242 million in arbitral awards owed to Ukrainian power and gas companies whose operations in Crimea were seized during the Kremlin's 2014 invasion.
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March 17, 2026
Amici Chide Trump Admin For Calling Anthropic A Security Risk
In separate amicus briefs to the D.C. Circuit, the ACLU, tech industry groups, former government officials and moral theologians variously panned the Trump administration's designation of Anthropic PBC as a supply chain risk to national security as unjustified, unlawful and counterproductive.
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March 17, 2026
1st Circ. Pauses 3rd-Nation Deportations Ruling During Appeal
The First Circuit has granted the Trump administration a stay pending appeal of a Massachusetts federal court ruling that a class of noncitizens facing removal to countries to which they have no ties must receive meaningful notice and an opportunity to raise fears about being deported to those countries.
Expert Analysis
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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.
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How Fractional GCs Can Manage Risks Of Engagement
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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Health, Legal Employers Face Unique Online Speech Hurdles
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.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
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.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
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.
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Reviewing 2025's Most Pertinent Wiretap Developments
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.
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Series
Nature Photography Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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.
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Software Patents May Face New Eligibility Scrutiny
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.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
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.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
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.
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9th Circ. Ruling Clarifies Auditor Liability For IPO Errors
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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10th Circ. Dissent May Light Path For Master Account Access
While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.