Appellate

  • February 04, 2026

    2nd Circ. Backs Block On Hundreds Of Geico Collection Cases

    The Second Circuit found no error in a preliminary injunction pausing over 600 collection actions filed against Geico by a doctor and medical practice accused by the insurer of a scheme to exploit New York's no-fault automobile insurance laws.

  • February 04, 2026

    Stockholders Ask Del. Justices To Revive Bylaw Suits

    Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.

  • February 04, 2026

    Royal Caribbean Wants Volcano Suit In Australia, Not Fla.

    Royal Caribbean Cruises Ltd. asked a Florida appeals court Wednesday to reverse an order denying its motion to dismiss a suit over a volcano eruption that killed a cruise passenger and her family, arguing that a clause in the cruise ticket contract requires the suit be brought in Australia.

  • February 04, 2026

    Aerospace Workers Ask 4th Circ. To Revive 401(k) Fund Suit

    Workers who alleged RTX Corp. illegally used forfeited retirement funds to pay the company's 401(k) contribution have asked the Fourth Circuit to revive their case after a Virginia federal judge ruled they had failed to state a claim.

  • February 04, 2026

    Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling

    A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.

  • February 03, 2026

    En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule

    The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.

  • February 03, 2026

    Fed. Circ. Questions Bid To Undo Google, Microsoft PTAB Win

    A Federal Circuit panel appeared unpersuaded Tuesday by an inventor's arguments that the Patent Trial and Appeal Board should have ended reviews of computer-locating patents challenged by Google and Microsoft due to actions by LG in a related case, and that the board wrongly invalidated the patents.

  • February 03, 2026

    Goldstein Knew What Was On His Returns, Accountant Claims

    The top outside accountant handling tax returns for SCOTUSblog founder Thomas Goldstein and his law firm said Tuesday that Goldstein wasn't forthcoming about his gambling records and that he firmly believed the former U.S. Supreme Court attorney knew what was in his allegedly false tax returns when they were filed.

  • February 03, 2026

    Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.

    The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.

  • February 03, 2026

    7th Circ. Probes Due Process For Ill. ICE Detainees

    A Seventh Circuit judge Tuesday asked the Trump administration to square its position that immigrants unlawfully in the United States have no due process rights with Supreme Court rulings that held otherwise, as the appellate court mulls the bid to block two orders addressing warrantless arrests of hundreds of immigrants.

  • February 03, 2026

    Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit

    California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.

  • February 03, 2026

    Wash. Justices To Review Restaurant's $1M COVID Penalty

    The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.

  • February 03, 2026

    Guam Defends Bid To Appeal Loss Of Military Leave Suit

    A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military. 

  • February 03, 2026

    Trump Admin Can't Gut CFPB Off The Books, DC Circ. Told

    The Consumer Financial Protection Bureau's employee union has urged the full D.C. Circuit to uphold a lower court order blocking sweeping cuts at the agency, arguing the Trump administration's legal theory for lifting the order would allow officials to dismantle an agency so long as they don't "put it in writing."

  • February 03, 2026

    5-Hour Energy Maker Tells 9th Circ. Not To Revive Pricing Suit

    The maker of 5-Hour Energy has urged the Ninth Circuit not to revisit a lower court ruling tossing claims from family-owned wholesalers that the energy drink company violated price discrimination law by providing Costco with disproportionate promotional support.

  • February 03, 2026

    Convicted Oil Trader To Remain Free On Bond During Appeal

    A Connecticut federal judge Tuesday ruled that an oil trader convicted of overseas bribery can remain free on bond while he appeals his Foreign Corrupt Practices Act and money-laundering convictions, saying a new trial might be possible if the Second Circuit finds fault with her jury instructions.

  • February 03, 2026

    Using Phone For Drug Deal Attempt Is A Crime, Court Says

    A Pennsylvania appeals court Tuesday upheld a conviction for criminal use of a telephone, finding that the use of a phone to arrange the sale of drugs is enough to sustain the charge, even if the sale is only attempted and drugs are never actually obtained.

  • February 03, 2026

    Fed. Circ. Slams Bid Protester's 'Secret' Amended Complaint

    The Federal Circuit on Tuesday admonished a security company that failed to secure a U.S. Postal Service contract, suggesting that it tried to litigate "in secret" by not filing a redacted version of its sealed bid protest in a timely manner.

  • February 03, 2026

    Coverage Barred For Mortgage Fee Dispute, 2nd Circ. Says

    Insurers for a bankrupt financial services company are not obligated to cover settlement payments and defense costs stemming from a pair of mortgage fee class actions, the Second Circuit affirmed Tuesday, finding the claims fall squarely within an exclusion for fee-related losses.

  • February 03, 2026

    Damages Caps Revival May Be 'Misguided,' Ga. Justice Says

    Georgia's highest court signaled reluctance on Tuesday to overturn a 15-year-old decision declaring that caps on medical malpractice damages violate the state's constitution, with one justice reversing course from a recent opinion where she all but invited a chance to strike down the precedent.

  • February 03, 2026

    Feds, Samsung Urge Justices To Reject PTAB Prior Art Case

    The federal government and Samsung have both urged the U.S. Supreme Court to reject a patent owner's challenge to the Federal Circuit's finding that the filing date of a patent dictates if it can be considered prior art.

  • February 03, 2026

    Wash. Justices Won't Hear Medline's $2.4M Refund Request

    Medline cannot receive a $2.4 million remittance of sales tax paid toward the construction of a state warehouse, the Washington Supreme Court said, declining to review a state appeals court's decision.

  • February 03, 2026

    2nd Circ. Upholds NLRB Subpoena Enforcement Order

    A New York City businessman must turn over documents relevant to his companies' liability for years of back pay to a fired bus company tour guide after the Second Circuit on Tuesday upheld an order to comply with National Labor Relations Board subpoenas.

  • February 03, 2026

    3rd Circ. Says Law Silent On Duty To Pay For Tendered Shares

    In a precedential ruling Tuesday, the Third Circuit upheld a ruling in favor of a company that snubbed "sponsor" stockholders' tendered shares as invalid, ruling that the dismissal of the investors' suit over the rejection was proper since the law was silent on a tender offeror's duty to purchase shares.

  • February 03, 2026

    1st Circ. Mindful Of Justices In 3rd Country Removal Case

    A First Circuit panel suggested Tuesday that a U.S. Supreme Court emergency docket stay may constrain its review of a district judge's decision requiring due process for deportees facing removal to so-called third countries where they may face torture.

Expert Analysis

  • 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.

  • How Fractional GCs Can Manage Risks Of Engagement

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    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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