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Appellate
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March 09, 2026
DC Circ. Skeptical That Review Of $100K H-1B Fee Is Foreclosed
Two members of a D.C. Circuit panel appeared uneasy Monday with the Trump administration's argument that the president's proclamation imposing a $100,000 payment for new H-1B petitions and accompanying agency actions implementing it are beyond judicial review.
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March 09, 2026
5th Circ. Says Atty's Flaky Handling Justifies Axing Bias Suit
A trial court was right to toss a suit from a former correctional facility employee who said he was passed over for promotion because he's Black and was fired when he complained, the Fifth Circuit ruled Monday, faulting his lawyer for ignoring her duty to pursue his case.
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March 09, 2026
Assisted Living Resident Asks Minn. Justices To OK Tax Break
The Minnesota Tax Court was wrong to deny a property tax exemption as a charitable organization for a unit in an assisted living facility owned by a nonprofit corporation, the unit's resident told the state Supreme Court.
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March 09, 2026
2nd Circ. Seems Skeptical Of Teachers' Pride Flag Bias Suit
The Second Circuit appeared hesitant Monday to revive three LGBTQ+ high school teachers' suit alleging they were unlawfully banned from displaying pride flags, with two judges hinting that a 20-year-old U.S. Supreme Court ruling governing public employee speech imperils their case.
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March 09, 2026
California Defends Cannabis Labor Law Before 9th Circ.
California officials asserted the legitimacy of a state law requiring cannabis companies to enter into labor peace agreements and told the Ninth Circuit that a lower court was correct to toss a retailer's case challenging the policy, even if the state disagreed with the reasoning.
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March 09, 2026
Gorsuch Urges Jury Right Consideration In Release Violations
The U.S. Supreme Court should have reviewed the case of a man whose sentence for sex trafficking was eventually extended beyond the congressional maximum for violating the terms of his release, Justice Neil Gorsuch wrote Monday.
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March 09, 2026
Appellate Group Of The Year: Clement & Murphy
Last year, Clement & Murphy PLLC attorneys again remade environmental and administrative law, this time by scoring a favorable U.S. Supreme Court decision regarding a Utah oil railway, and by talking the justices out of making major changes to the nondelegation doctrine in a telecom case — earning a spot among the 2025 Law360 Appellate Groups of the Year.
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March 09, 2026
Insurers Ask NC Justices To Review COVID Coverage Suit
Two insurers urged the North Carolina Supreme Court to hear their appeal challenging a lower court's holding that North Carolina law applies to Tanger Outlets' suit seeking more than $50 million in pandemic-related coverage, saying the order violates the due process guarantees of the 14th Amendment.
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March 09, 2026
Feds Tell Justices Ending Syria TPS Is 'Entirely Unreviewable'
The Trump administration asked the U.S. Supreme Court to allow its termination of temporary protected status for Syrians to move forward amid appellate litigation, arguing TPS designations or terminations fall within a "quintessentially national-security-laden area" and are "entirely unreviewable."
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March 09, 2026
6th Circ. Says NLRB's Cemex Ruling Was Wrongly Decided
The National Labor Relations Board erred by using a ruling rather than the rulemaking process to change its policy on compelling employers to bargain, a split Sixth Circuit panel ruled, saying the board's landmark 2023 decision in Cemex was improperly decided.
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March 09, 2026
SCOTUSblog Founder Goldstein To Be Sentenced In June
SCOTUSblog founder Thomas Goldstein, currently under home confinement in Washington, D.C., after a Maryland jury convicted him on tax evasion and mortgage fraud charges, will face sentencing in June.
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March 09, 2026
Texas Jury Finds Lyft Owes $1M In Ride-Hailing Patent Case
A Texas federal jury said Lyft owes $1 million to Quartz Auto Technologies, finding the ride-hailing giant was liable for infringing an automobile technology patent.
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March 09, 2026
Justices Won't Review Fight Over PTAB Prior Art Dates
The U.S. Supreme Court on Monday denied Lynk Labs Inc.'s petition arguing the Federal Circuit erred in deciding what date should apply to determine whether a patent application constitutes prior art.
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March 09, 2026
Supreme Court Won't Disturb 'Sensitive Places' Gun Bans
The U.S. Supreme Court declined Monday to consider permissible limits on firearms in "sensitive places" despite claims the Fourth Circuit disregarded landmark Second Amendment precedents, leaving intact a blanket ban on guns in parks within Virginia's most populous county.
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March 09, 2026
Supreme Court Lets 'Zioness' TM Co‑Ownership Stand
The U.S. Supreme Court on Monday declined an appeal that asked the justices to answer whether separate entities can own the same trademark, after the Second Circuit upheld a New York jury verdict that said two nonprofits both owned the mark for "Zioness."
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March 09, 2026
Justices To Review Guam Munitions Disposal Suit
The U.S. Supreme Court on Monday agreed to review a Guam community group's challenge to the U.S. Air Force's bid to explode expired munitions on the island, after a divided Ninth Circuit found the agency should have conducted an environmental review.
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March 06, 2026
DOJ Forges Ahead With Law Firm EO Appeals At DC Circ.
The U.S. Department of Justice on Friday moved ahead with filing appeals at the D.C. Circuit to defend executive orders issued by President Donald Trump targeting four law firms, just three days after the agency backtracked on its decision to drop the fight.
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March 06, 2026
In Deepfake Era, NY High Court Probes Evidence Standards
A recent New York state high court decision hammering home the importance of video evidence authentication has been coined a "clarion call" for verification in the age of deepfakes by defense attorneys who say the ruling demands a change in tactics.
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March 06, 2026
Fla. Man Will Be Resentenced Under First Step, 11th Circ. Says
The Eleventh Circuit on Thursday ordered a Florida man convicted of a string of armed robberies to be resentenced under the First Step Act, citing a U.S. Supreme Court ruling last year that allows for some retroactive application of the 2018 criminal justice reform law.
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March 06, 2026
Samsung's $303M Loss Looms Over PTAB, Trial Appeals
The Federal Circuit heard back-to-back-to-back-to-back arguments Friday in Netlist's patent litigation with Samsung, with Netlist trying to revive its server memory patents from Patent Trial and Appeal Board losses, and Samsung trying to lessen a jury's $303 million infringement verdict.
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March 06, 2026
Fla. Panel Blocks Athlete's Extra Year Of College Basketball
A Florida appellate panel on Friday blocked a lower court's temporary injunction giving an extra year of eligibility for a college basketball player, ruling in a split opinion that the order's findings weren't sufficient to grant an "extraordinary remedy."
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March 06, 2026
Inventor Calls On Justices To End Prosecution Laches
Prolific inventor Gilbert Hyatt wants the U.S. Supreme Court to take up his challenge to a doctrine that can render a patent unenforceable based on delays by the owner during prosecution, saying the U.S. Patent and Trademark Office is wrongly using the principle to kill applications.
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March 06, 2026
Texas Appeals Court Halts Release Of Uvalde Shooting Records
A Texas appeals court flipped a court order requiring the Texas Department of Public Safety to hand over records relating to the 2022 Uvalde massacre to news organizations, saying Friday that the law enforcement agencies had done enough to evade judgment as a matter of law.
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March 06, 2026
Experts See Immunity Defense Reset After NJ Transit Ruling
The U.S. Supreme Court's unanimous ruling Wednesday that New Jersey Transit isn't an arm of the state clarified a key limit on sovereign immunity, with experts telling Law360 that the court's emphasis on corporate form and formal liability could change how states structure and defend their state-created, quasi‑governmental entities.
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March 06, 2026
Insurers Off The Hook For Ga. School's $345M Sex Abuse Deal
Four insurance companies don't have to cover a $345 million sexual abuse settlement between a private school and nearly two dozen former students, the Georgia Court of Appeals said Friday, ruling that they weren't on the hook for alleged misconduct occurring decades before their policies were written.
Expert Analysis
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Contract Disputes Recap: Terminations Galore
Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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State Of Insurance: Q4 Notes From Illinois
In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.
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How 2 Tech Statutes Are Being Applied To Agentic AI
The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.
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Defense Strategy Takeaways From Recent TCPA Class Actions
Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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Justices' BDO Denial May Allow For Increased Auditor Liability
The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.