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Appellate
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March 24, 2026
Hefty Sentence Beamed To Victims Draws 2nd Circ. Scrutiny
The Second Circuit expressed concern Tuesday over a 20-year prison term imposed by a Manhattan federal judge on a Florida crypto fraudster, a punishment his lawyer argued was caused by unchecked victim vitriol expressed during a sentencing that was improperly broadcast.
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March 24, 2026
Justices Won't Review Class Cert. In Diabetes Drug Risk Case
The U.S. Supreme Court has declined to review whether a federal court can certify a class of third-party payors who claim drugmakers hid the cancer risks of an anti-diabetes drug.
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March 23, 2026
Sotomayor Calls Cop's Win 'License To Inflict Gratuitous Pain'
A divided U.S. Supreme Court on Monday blocked a looming civil rights trial over a police sergeant's forceful treatment of a protester, eliciting a dissent that warned of free rein for law enforcement to assault nonviolent individuals.
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March 23, 2026
DC Circ. Told It Must Put A Stop On Nexstar-Tegna Merger
The Federal Communications Commission broke the law when it waived the 39% ownership cap that limits broadcasters to a certain share of the national market in order to approve Nexstar's $6.2 billion acquisition of Tegna, according to two new appeals.
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March 23, 2026
High Court Won't Review Mortgage Firm's $8M CFPB Fine
The U.S. Supreme Court declined Monday to take up a now-shuttered mortgage services firm's yearslong fight against a nearly $8 million Consumer Financial Protection Bureau judgment, rebuffing an appeal tied in part to the agency's past leadership structure.
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March 23, 2026
Supreme Court Turns Away French Shipwreck Salvage Case
The U.S. Supreme Court Monday declined to review an underwater salvage outfit's challenge of an Eleventh Circuit decision that the Sunken Military Craft Act blocks the company's salvage rights to a sunken ship without France's consent.
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March 23, 2026
Ga. Panel Backs Fulton Co. In Fight Over GOP Board Seats
Fulton County, Georgia's commission doesn't have to seat Republican nominees to its elections board, a state appellate court ruled, reversing a trial court's order holding the commission in contempt for its refusal to comply with a mandamus order.
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March 23, 2026
2nd Circ. Cautious About Unsealing Ex-Twitter Exec's Award
The Second Circuit appeared uncomfortable Monday with the New York Times' argument that a confidentiality agreement between two parties to an arbitration might not outweigh the public's right to view court records, as the paper looks to unseal an arbitral award issued to a former Twitter executive.
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March 23, 2026
FCC Urges Justices To Reject Repeal Of Penalty Power
The Federal Communications Commission has urged the U.S. Supreme Court to keep the agency's monetary penalty powers intact, saying the agency's current practice does not deny targets of fines their right to a jury trial and is not binding until a court orders payment.
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March 23, 2026
Amarin Tells Justices Hikma Drug Patent Appeal Threatens IP
Amarin Pharma Inc. has urged the U.S. Supreme Court to uphold a decision that it plausibly alleged that generics maker Hikma Pharmaceuticals USA Inc. encouraged infringement of patents on the heart drug Vascepa, saying a reversal "would dramatically dilute intellectual property protection throughout the nation."
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March 23, 2026
4th Circ. Finds Mortgage Docs Didn't Violate Bankruptcy Stay
The Fourth Circuit has declined to revive a debtor's lawsuit claiming his mortgage servicers violated bankruptcy protections, finding that none of the monthly account statements, payoff statements and tax statements the servicers sent him were related to debt collection.
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March 23, 2026
11th Circ. Upholds Florida's Ban On Lab-Grown Meat
The Eleventh Circuit on Monday rejected a food technology company's bid to block Florida's ban on lab-grown chicken, ruling that the federal Poultry Products Inspection Act does not preempt the state law because the statute governs production standards and ingredients, not whether a state may ban a product outright.
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March 23, 2026
9th Circ. Upholds Trafficking Enhancement In Ghost Gun Case
The Ninth Circuit ruled Monday that an illegal ghost gun manufacturer can be given a firearm trafficking sentencing enhancement despite not knowing whether a buyer planned on using the firearms illegally.
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March 23, 2026
Full Fed. Circ. Won't Save Patent Suit Over Nintendo Switch
The full Federal Circuit on Monday declined to take on Gamevice Inc.'s arguments that Nintendo Co. Ltd. made a "heads I win, tails I also win" argument to defeat patent infringement claims targeting its Nintendo Switch system, letting stand a panel decision siding with the Japanese video game company.
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March 23, 2026
Sotomayor Blasts 'Inexplicable' Test Refusal In Capital Case
After the U.S. Supreme Court declined to hear a death penalty appeal Monday, Justice Sonia Sotomayor argued in dissent that the high court should have taken up a constitutional challenge to Texas prosecutors' "inexplicable" refusal to allow DNA testing on a murder weapon.
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March 23, 2026
J&J Amici Seek Clarity On Goldman Precedent For Class Cert.
Four groups of amici have urged the U.S. Supreme Court to take up Johnson & Johnson's challenge to a Third Circuit decision allowing a securities class action over its talc products to proceed, warning the ruling could reshape how shareholder suits are litigated nationwide.
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March 23, 2026
High Court Doubts Legality Of Late-Arriving Ballot Laws
The U.S. Supreme Court appeared skeptical Monday of Mississippi's law allowing state election officials to count mail-in ballots that arrive up to five days after Election Day, with the justices divided ideologically over whether historical practices or legislative history should control the outcome of the case.
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March 23, 2026
Day Pitney Fights DQ Over Ex-Justice's Time On Case He Heard
Day Pitney LLP has apologized after former Connecticut Supreme Court Chief Justice Richard A. Robinson, now a firm partner, billed 15.7 hours for reviewing a since-remanded case he heard years ago as a justice, but the firm said the "error" should not disqualify its other lawyers from advancing the litigation.
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March 23, 2026
Tenn. Regulators To Challenge Kalshi Win At 6th Circ.
Tennessee regulators are asking the Sixth Circuit to review an order barring them from taking action against Kalshi's sports contracts, marking the latest event contract dispute to reach an appeals court.
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March 23, 2026
Nursing Home Atty Fees Axed Over Lack Of Proximate Cause
A New Jersey appellate panel has ruled that an estate can't recover attorney fees under the state statute governing nursing home residents' rights because the jury in an underlying wrongful‑death and negligence trial found no damages tied to any statutory violation.
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March 23, 2026
Ex-Border Agent's Request To Stay Assault Sentence Denied
The U.S. Supreme Court on Monday rebuffed a U.S. Customs and Border Patrol agent's attempt to delay enforcement of his two-year prison sentence for assaulting two people at the Texas border.
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March 23, 2026
Injury Law Roundup: Meta Atty Uses Jane Doe Plaintiff's Name
A Meta attorney's gaffe and Mark Zuckerberg's testimony in the closely watched social media addiction bellwether trial, and an announced $7.25 billion settlement by Bayer over Roundup weedkiller claims, lead Law360's Injury Law Roundup.
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March 23, 2026
ND Law Firm Can't Justify Equitable Tolling, IRS Tells 8th Circ.
A North Dakota law firm that got the U.S. Supreme Court to revive its day-late levy challenge has failed to prove that it deserved equitable tolling of its statute of limitations, the IRS told the Eighth Circuit on Monday.
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March 23, 2026
Google Can't Escape Mobile Search Antitrust Case
A Texas federal court has refused to dismiss a case from Branch Metrics, accusing Google of blocking competition from its Android search product, after finding the company does not have to make a general search engine to have standing for its antitrust claims.
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March 23, 2026
3rd Circ. Sides With Nuclear Plant Co. In Union Benefits Fight
The Third Circuit on Monday sided with a nuclear power company in a dispute with an electrical workers union over contributions to employee healthcare premiums, holding that the union couldn't force issues out of court because their disagreement was outside the scope of the collective bargaining agreement's arbitration provision.
Expert Analysis
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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2026 Int'l Arbitration Trends: Awards Against Sovereign States
The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Opinion
What Justices Got Right In Candidate Standing Ruling
The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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How Mediation Can Lead To Better Environmental Settlements
The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.