Appellate

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

  • 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.

  • 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." 

  • 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.

  • 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.

  • 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.

  • 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.

  • March 06, 2026

    Amazon Wage Decision Resisted Policy Pressure, Experts Say

    The Connecticut Supreme Court's opinion requiring Amazon to pay warehouse workers for time spent awaiting and undergoing post-shift security screenings used basic statutory interpretation tools, not policy arguments, to reach conclusions aligned with other pro-labor laws passed by the state legislature, experts told Law360.

  • March 06, 2026

    Colo. Court Clarifies Real Property Gift Rules In Wills

    A Colorado Court of Appeals panel has unanimously ruled that although the use restriction of a charitable gift from a will can't be deemed void, the restrictions can be modified if the original intent of the gifted property remains.

  • March 06, 2026

    NJ Trade Groups Fight Outgoing Admin's Environmental Rules

    Two New Jersey trade groups said Friday that they are challenging land use rules designed to mitigate the effects of climate change that were finalized on Gov. Phil Murphy's last day in office.

  • March 06, 2026

    Mass. Court Vacates Firearm Convictions In Murder Case

    Massachusetts' highest court on Friday cut a burglary charge and ordered a new trial to determine whether a man convicted of murder in a botched robbery scheme should also be convicted on gun charges following changes in U.S. Supreme Court precedent.

  • March 06, 2026

    Courts Aren't Ignoring Justices' TPS Orders, Ex-Judges Say

    Over 175 former federal and state judges have slammed the Trump administration's claim that lower courts "flouted" interim orders from the U.S. Supreme Court in litigation involving the administration's revocation of foreign nationals' temporary protected status, saying they weren't binding.

  • March 06, 2026

    Grocery Chain Strikes Deal In 401(k) Suit Revived By 2nd Circ.

    A supermarket chain told a New York federal court it has agreed to settle a proposed class action claiming the company allowed its 401(k) plan to be saddled with excessive fees, about six months after the Second Circuit partially revived the case.

Expert Analysis

  • Contract Disputes Recap: Terminations Galore

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    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.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    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.

  • State Of Insurance: Q4 Notes From Illinois

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    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.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    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.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    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.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    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.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    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.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    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.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    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.

  • 3 Key Ohio Financial Services Developments From 2025

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    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.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    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.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    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.

  • Series

    Playing Tennis Makes Me A Better Lawyer

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    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.

  • False Ad Suit Shows Need For Clear, Conspicuous Disclosure

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    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.

  • Justices' BDO Denial May Allow For Increased Auditor Liability

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    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.

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