Appellate

  • March 03, 2026

    6th Circ. Weighs If Special Ed Suit Must Exhaust IDEA

    The Sixth Circuit wrestled Tuesday with whether a proposed class action accusing a Michigan school district and state education officials of widespread special education failures can move forward in federal court or must go through the Individuals with Disabilities Education Act's administrative process.

  • March 03, 2026

    Trump Plan To Reopen Coal Plant Is Illegal, Wash. AG Says

    Washington state's attorney general and five environmental watchdogs are challenging the Trump administration's effort to reopen a decommissioned coal power plant in Chehalis, Washington, arguing that the U.S. Department of Energy lacks the authority to force the plant back into operation.

  • March 03, 2026

    Judge Lifts Stay After 9th Circ. Ruling In Gila River Dispute

    An Arizona federal judge has lifted a stay in a water rights lawsuit following a Ninth Circuit decision finding he prematurely sided with the Gila River Indian Community in a separate but similar suit when landowners appealed a summary judgment order favoring the tribal group.

  • March 03, 2026

    EPA Fights Fluoridated Water IQ Risk Finding At 9th Circ.

    The U.S. Environmental Protection Agency urged the Ninth Circuit on Tuesday to reverse a ruling that the EPA's current "optimal" level of fluoride in drinking water poses an unreasonable risk of lowering children's IQ, arguing that the trial judge improperly held his ruling in abeyance for years to await more scientific evidence.

  • March 03, 2026

    Split 9th Circ. Tells EPA To Review Cadmium's Species Impact

    The U.S. Environmental Protection Agency must analyze how its revised water quality standards for cadmium would affect endangered species, a split Ninth Circuit ruled Tuesday, upholding a conservation organization's victory in a lawsuit over the agency's guidance tripling the levels of the heavy metal allowed in U.S. waters.

  • March 03, 2026

    Tunnel Funding Freeze Fight Is In Wrong Court, 2nd Circ. Told

    New York and New Jersey's federal lawsuit challenging a freeze on Gateway Tunnel funding must be dismissed because it falls within the exclusive jurisdiction of the U.S. Court of Federal Claims, the U.S. Department of Transportation argued to the Second Circuit on Tuesday.

  • March 03, 2026

    11th Circ. Backs Dismissal Of Fee Dispute From BCBS MDL

    The Eleventh Circuit has affirmed the dismissal of an attorney fee dispute between two lawyers on the plaintiffs' side of a $2.8 billion Blue Cross Blue Shield multidistrict litigation, ruling Tuesday that neither an oral deal nor a letter between the two lawyers was binding on their payouts.

  • March 03, 2026

    7th Circ. Expedites Bank Appeal Of Ill. Swipe-Fee Law

    The Seventh Circuit granted banking and credit union trade groups' bid to fast-track their appeal over the Illinois Interchange Fee Prohibition Act after they asked to schedule the case for a decision before the law banning swipe fees on tax and tip payments takes effect July 1.

  • March 03, 2026

    7th Circ. Wary Of Bid For Counterfeiting Damages Explainer

    The Seventh Circuit seemed skeptical Tuesday of an online clothing retailer's challenge to its minimal damages award against an alleged counterfeiter, while suggesting the retailer also seemingly tried to "run away from" its district court judge.

  • March 03, 2026

    Terminix Wins Coverage For $8M Pesticide Exposure Award

    An excess insurer must cover part of an $8 million judgment entered against Terminix in a pesticide exposure suit, the Ninth Circuit said Tuesday, affirming that the underlying injury arose out of Terminix's product for the purposes of the policy's "products-completed operations hazard" coverage.

  • March 03, 2026

    9th Circ. Backs Captain's Conviction In Dive Boat Fire Tragedy

    The Ninth Circuit on Tuesday upheld a seaman's manslaughter conviction for the captain of a boat that caught fire killing 34 people, citing "overwhelming evidence" of his gross negligence including failure to train staff on fire safety, not enlisting a roving patrol and being the first to abandon the burning ship.

  • March 03, 2026

    Justices Skeptical That Appeal Waivers Shield Bad Sentences

    Justices on the U.S. Supreme Court grilled a U.S. Department of Justice attorney Tuesday over arguments that defendants who take plea deals with appeal waivers cannot fight even extreme and unconstitutional sentences in appellate courts.

  • March 03, 2026

    Inova Defeats Nurses' COVID Vax Bias Suits At 4th Circ.

    The Fourth Circuit refused Tuesday to revive suits from nurse anesthetists who said they faced religious and disability discrimination when they were fired for refusing to get vaccinated against COVID-19, ruling that nonprofit healthcare provider Inova wasn't their employer.

  • March 03, 2026

    Apple Asks 9th Circ. To Rethink Part Of App Store Injunction

    Apple asked the Ninth Circuit to reconsider part of a panel decision that largely affirmed an injunction in the case being brought by Epic Games Inc. that blocked the tech giant from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems.

  • March 03, 2026

    Ex-SEC Attys Back Disgorgement Limits Before High Court

    Nearly two dozen former U.S. Securities and Exchange Commission attorneys are among those urging the U.S. Supreme Court to put an end to the agency collecting disgorgement from those accused of wrongdoing without first identifying victims of the alleged fraud at hand. 

  • March 03, 2026

    Ex-FDA Leaders Rebut Contraception Rollbacks At 3rd Circ.

    Former FDA commissioners argued that Trump-era religious exemptions for birth control coverage jeopardize public health and distort medical science, in an animus brief filed Monday with the Third Circuit.

  • March 03, 2026

    Wash. Panel Reverses $11M Tax Award To Insurance Co.

    A Washington state appeals panel handed a win to Washington's Department of Revenue on Tuesday, reversing a lower court's order that the department owed a $10.9 million tax refund to a title insurance and settlement services company.

  • March 03, 2026

    NC Doctor's Bid For New Trial Is Too Late, Judge Says

    A North Carolina federal judge has refused to order a new trial for a doctor convicted of participating in an $11 million Medicare fraud scheme, finding that because the motion did not contain new evidence, the deadline to request another trial has passed.

  • March 03, 2026

    5th Circ. Unsure Grid Hookup Request Cap Hurts States

    A Fifth Circuit panel appeared skeptical that Louisiana and Mississippi utility regulators deserve an exemption from the cap on the number of electricity generation projects in a regional grid operator's interconnection request queue, asking Tuesday if any state had previously enjoyed a waiver.

  • March 03, 2026

    5th Circ. Hints Coverage Turns On Crash Suits, Not Policies

    A Fifth Circuit judge on Tuesday zeroed in on the allegations in more than two dozen lawsuits stemming from a 130-vehicle pileup in Fort Worth as the court weighed whether an insurer has a duty to defend a trio of contractors who expanded the toll road where the fatal crashes occurred.

  • March 03, 2026

    Sanofi Gets Approval For Interlocutory Appeal In Taxotere MDL

    Pharmaceutical company Sanofi will get a chance to ask the Fifth Circuit to end multidistrict litigation claiming it failed to warn cancer patients about the risk of eye injuries caused by its chemotherapy drug Taxotere, arguing that a label ruling that allowed generic-drug makers out of the case should also apply to it.

  • March 03, 2026

    DC Circ. Urged To Aid Discovery In ICE-IRS Data-Sharing Case

    A taxpayer group challenging the legality of a deal allowing the Internal Revenue Service to share taxpayer location information with immigration authorities asked the D.C. Circuit to remand part of the case to investigate the IRS' admission that it improperly shared addresses under the agreement.

  • March 03, 2026

    6th Circ. Says Fired Opera Singer's UMich Suit Came Too Late

    The Sixth Circuit declined Tuesday to revive a lawsuit against the University of Michigan claiming the school unfairly sacked a star opera singer after allegations surfaced that he and his husband had sexually assaulted another singer years before.

  • March 03, 2026

    Fed. Circ. Revives Challenge To Augmented Reality Surgical IP

    The Federal Circuit on Tuesday partly revived a patent challenge brought by a medical technology company, overruling the Patent Trial and Appeal Board in saying that there was no motivation for one to combine the teachings of a prior patent and an informational document.

  • March 03, 2026

    Florida High Court Urged To Kill Marijuana Legalization Effort

    Florida election officials told the state's highest court Monday that a lower court was correct in invalidating thousands of signatures in support of the latest effort to legalize retail marijuana via ballot initiative.

Expert Analysis

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    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.

  • Series

    Law School's Missed Lessons: Intentional Career-Building

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    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.

  • Key Trends In PFAS Regulation And Litigation For 2026

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    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.

  • 2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture

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    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.

  • Justices' Separation-Of-Powers Revamp May Hit States Next

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    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.

  • 3 Securities Litigation Trends To Watch In 2026

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    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.

  • 5 Tariff And Trade Developments To Watch In 2026

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    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.

  • Funding Haze And Deregulatory Pursuits: The CFPB In 2026

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    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

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    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

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    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

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    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

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    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

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    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

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    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

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    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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