Appellate

  • January 14, 2026

    Calif. Again Asks 9th Circ. To Unleash Kids' Privacy Law

    California's attorney general was back before the Ninth Circuit on Wednesday, urging the court to vacate a new preliminary injunction blocking a landmark law requiring tech giants to bolster privacy protections for children, and arguing the lower court wrongly found the entire statute likely implicates the First Amendment.

  • January 14, 2026

    Fla. Tribe Urges 11th Circ. To Uphold Detention Center Block

    A federally recognized Florida tribe has asked the 11th Circuit to uphold a lower court's preliminary injunction halting operations of an immigrant detention center in the Everglades, arguing that environmental safeguards are at stake rather than immigration policy.

  • January 14, 2026

    Tort Report: Los Angeles Tops Annual 'Judicial Hellhole' List

    Los Angeles' designation by a tort reform group as a top "judicial hellhole," and the latest in a suit over a Kentucky judge shot to death in his own chambers lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.

  • January 14, 2026

    6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar

    A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.

  • January 14, 2026

    Mich. Panel Revives Man's Goose Attack Injury Claim

    A Michigan state appeals court revived premises liability claims against a hospital accused of not warning a contractor about a known risk of a dangerous goose frequenting the area.

  • January 14, 2026

    Court Debates Developer's Immunity In PUD District Dispute

    An attorney representing the city of Telluride, Colorado, argued in front of the state Supreme Court on Wednesday that an appellate panel was wrong to reverse a lower court's ruling prohibiting a development company from amending a parcel of land in a Planned Unit Development district.

  • January 14, 2026

    Freight Broker Tells Justices Negligence Claims Preempted

    Broker and logistics giant C.H. Robinson told the U.S. Supreme Court on Wednesday that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, saying the plaintiffs bar is pushing for patchwork liability standards that would upend interstate commerce and the supply chain.

  • January 14, 2026

    Jury Seated In Goldstein Trial, Arguments To Start Thursday

    A federal jury was seated in Thomas Goldstein's felony tax and mortgage fraud case Wednesday, but the government will wait until Thursday to begin making its case.

  • January 14, 2026

    SEC To Lean On Congress As Defense In High Court Case

    The U.S. Supreme Court is once again stepping into the debate over when the U.S. Securities and Exchange Commission can demand that alleged fraudsters give up ill-gotten gains, but this time the agency plans to argue a 2021 government spending bill should save it from further limits to its disgorgement powers.

  • January 14, 2026

    Exasperated Judge Won't Expand Opioid Film Injunction

    BioDelivery Sciences International needed to pursue a contempt order, not an enforcement action, when alleging a 2022 injunction blocking Alvogen's generic version of its Belbuca opioid film should be applied to a new generic application, a Delaware federal judge held in a case where he was already "frustrated (and exhausted)."

  • January 14, 2026

    Texas Justices Seem Open To Judicial Review Of Hemp Rule

    The Texas Supreme Court seemed skeptical of the Texas Department of State Health Services' argument that the judiciary lacks authority to review a decision to make delta-8 THC a controlled substance, asking Wednesday why the court should not have authority to enforce an existing law.

  • January 14, 2026

    Door Maker Says Birthright Ruling Doesn't Impact Divestiture

    Steves & Sons Inc. told the Fourth Circuit that the U.S. Supreme Court's recent ruling dealing with the reach of nationwide injunctions has no bearing on the door manufacturer's landmark win in a private merger challenge.

  • January 14, 2026

    House Blocks GOP Bid To Cut Funds For DC Judges, Courts

    The House on Wednesday failed to approve a Republican-led amendment to a government funding bill that would decrease the funding for D.C. courts and take aim at two federal judges Republicans are looking to impeach.

  • January 14, 2026

    Justices Wary Of NJ's Immunity Defense In Transit Injury Suits

    The U.S. Supreme Court signaled skepticism Wednesday toward New Jersey's bid to cloak its public transit system in sovereign immunity, repeatedly questioning why the state chose the corporate form and rejected liability for the agency's debts but now insists the entity functions as an arm of the state.

  • January 14, 2026

    USPTO Tells Fed. Circ. To Reject Assignor Estoppel Case

    The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a mandamus petition by Tessell Inc. that claimed the office flouted precedent by using assignor estoppel to reject patent challenges, saying the decisions were based on discretion, not that legal doctrine.

  • January 14, 2026

    FAA Worker's Suspension Not Race-Based, 11th Circ. Affirms

    The Eleventh Circuit backed an early win Wednesday for the Federal Aviation Administration in a discrimination suit from an air traffic controller, ruling that "all evidence in the record" supports the conclusion that he was disciplined for failing to complete workplace training on time.

  • January 14, 2026

    Judicial Misconduct Prompts New Assault Trial In New York

    A man who was convicted of assault, disorderly conduct and criminal possession of a weapon will get a new trial, a New York appeals court ruled Wednesday, finding that a judge improperly inserted himself into the proceedings, appearing to favor the prosecution.

  • January 14, 2026

    Duke Energy Fights To Recover Over $17M In Fuel Costs

    In an effort to secure recovery of over $17 million in fuel costs, counsel for Duke Energy's electric utilities serving the Carolinas told a state appeals court Wednesday that lawmakers have always intended for utilities to recover or return fuel costs "dollar for dollar."

  • January 14, 2026

    3rd Circ. Nixes Engineer's Plea For Sharing Navy Contract Info

    In a precedential opinion Wednesday, a split Third Circuit panel ruled that a lower court should not have accepted the guilty plea of a Navy engineer charged with disclosing bid information related to a contract for submarine propeller machinery, holding that prosecutors based the plea deal on shaky legal ground.

  • January 14, 2026

    DOJ Asks To Drop Hung Counts In Ex-Gas Co. CFO's Tax Case

    Federal prosecutors asked to drop most of the remaining charges against a Russian gas company's former chief financial officer who was convicted of other tax crimes after failing to secure unanimous support from a jury, according to documents filed in a Florida federal court.

  • January 14, 2026

    Alito Denies Bid To Avoid Depos In Texas Hair Bias Suit

    U.S. Supreme Court Justice Samuel Alito on Wednesday shot down a bid from a Texas school district seeking to stave off depositions of two district officials in a case alleging the district discriminated against Black students who wore their hair in locs.

  • January 14, 2026

    EEOC Faces Headwinds In 8th Circ. Bid To Upend Jury Verdict

    The U.S. Equal Employment Opportunity Commission faced an uphill battle at the Eighth Circuit Wednesday as it sought a new trial in a suit accusing a chemical company of failing to stop a Black employee from being harassed, with one judge suggesting the agency's challenge to jury instructions is off-base.  

  • January 14, 2026

    2nd Circ. Suspects Forum Shopping In Credit Suisse Suit

    Two Second Circuit judges Wednesday sounded inclined to uphold the dismissal of a breach of duty claim against Credit Suisse and others tied to its auditing firm, with one saying the decision to bring the stock-plunge case in New York "almost smacks of forum shopping."

  • January 14, 2026

    Conn. Justices Reject Convicted Man's 6th Amendment Claim

    The Connecticut Supreme Court has ruled that a defendant's Sixth Amendment rights were not violated when the jury in his home invasion and assault case received an instruction about a section of state law he was not charged under.

  • January 14, 2026

    DOJ Calls On 3rd Circ. To Rethink Habba DQ Ruling

    In a request for rehearing en banc filed Wednesday, the federal government asked the Third Circuit to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, saying the issue is "of exceptional importance."

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.