Appellate

  • March 31, 2026

    5th Circ. Grills Fraudsters Over $158M Healthcare Scheme

    A Fifth Circuit panel pushed back on two men's contention that their convictions in a $158 million healthcare scheme should get thrown out, asking Tuesday how the evidence the jury heard wasn't enough to uphold the convictions.

  • March 31, 2026

    Texas Court Says Football Player's Med Mal Report Was Faulty

    A Texas appellate court said a trial court erred when it overruled objections the Texas A&M University System raised over an expert report filed for healthcare liability claims brought by a football player who suffered an ankle injury.

  • March 31, 2026

    FTC Backs Florida's Move To Kill ABA's Accreditation Monopoly

    The Federal Trade Commission said Tuesday that it supports the Florida Supreme Court's recent decision to end the American Bar Association's longstanding accreditation monopoly, agreeing with the finding that it is "not in Floridians' best interest for the ABA to be the sole gatekeeper" in deciding who sits for the bar exam.

  • March 31, 2026

    USPTO Tells Fed. Circ. Patent Panel Is Constitutional

    The U.S. Patent and Trademark Office is urging the Federal Circuit to reject a British bookmaker's challenge to a review panel's revival of DraftKings' inter partes review of one of its patents, saying any constitutional challenges have to fail.

  • March 31, 2026

    Bias Challenge To Juror Strike Wasn't Waived, Justices Told

    A Black man on Mississippi's death row told the U.S. Supreme Court on Tuesday that state courts failed to properly address his objections to the prosecution's peremptory juror strikes at his 2006 trial, which he said were racially motivated.

  • March 31, 2026

    11th Circ. Says Hotels Must Face Jury On Trafficking Claims

    Property owners don't need to have specific knowledge of a sex trafficking victim's exploitation to be complicit in their forced prostitution, the Eleventh Circuit ruled, in the process reviving claims against two Atlanta-area hotels where three teenage girls were allegedly forced into sex work.

  • March 31, 2026

    Full Fed. Circ. Is Told Panel Defied EcoFactor In DePuy Case

    DePuy Synthes is urging the full Federal Circuit to review a circuit panel's decision reviving patent infringement litigation against it, saying the panel majority undermined the court's en banc EcoFactor decision on when to admit expert testimony.

  • March 31, 2026

    9th Circ. Won't Rethink Apple App Store Injunction

    The Ninth Circuit on Monday refused Apple's bid to reconsider part of a panel decision in Epic Games Inc.'s favor that largely affirmed an injunction blocking Apple from charging developers "prohibitive" commissions on iPhone app purchases made outside its payment systems, declining to clarify what fees Apple can charge.

  • March 31, 2026

    NJ Justices Reluctant To Stick Zurich With $2M UIM Bill

    The New Jersey Supreme Court on Tuesday appeared skeptical that a TJX Cos. employee can recover up to the full $2 million limit in his employer's auto policy with Zurich American Insurance Co., rather than its $15,000 limit for underinsured motorists.

  • March 31, 2026

    Ill. Panel Says No Error In Doc's Nerve Damage Suit Win

    An Illinois state appeals court panel won't upset a jury verdict that cleared a gynecologist from claims alleging her medical negligence caused nerve damage during a long procedure, finding the trial court wasn't wrong in its evidentiary or jury decisions.

  • March 31, 2026

    7th Circ. Scolds Ex-Judge For Citing Fake Cases In Brief

    A Seventh Circuit panel admonished an attorney and former chief federal immigration judge for submitting a brief citing two nonexistent cases and a false quotation, saying while such errors can be "tell-tale signs" of AI hallucinations, her denial she used AI is "plausible" and the court won't consider further sanctions.

  • March 31, 2026

    10th Circ. Revives Suit Over Tulsa Officer Killing Unarmed Man

    A Tenth Circuit panel has denied qualified immunity to an officer who shot an unarmed Black man, finding in a reversal that the officer's "use of force was unreasonable," allowing a civil rights case brought by the man's family to go to trial.

  • March 31, 2026

    DC Circ. Clears Maritime Commission's Refusal-To-Deal Rule

    A D.C. Circuit panel sided Tuesday with the Federal Maritime Commission as it defended a regulation governing how it will consider whether an ocean shipping company unreasonably refused to deal with would-be shippers, rejecting a trade group challenge and concluding the agency rightly baked rate analysis into its considerations.

  • March 31, 2026

    Fed. Circ. Upholds TikTok's Win Against 'For You' Patent Suit

    The Federal Circuit on Tuesday affirmed TikTok Inc. prevailing in a patent infringement suit brought by video technology developer 10Tales that alleged the app's "For You" feature copied its invention covering a digital "recommendation system."

  • March 31, 2026

    Transpo Tracker: Congestion Pricing Survives, EV Rule At Risk

    In our inaugural Law360 Transportation Tracker, a New York district court walloped the Trump administration's effort to cancel Manhattan's congestion pricing, the federal government continued its assault on California's vehicle emissions regulations, and Boeing investors scored class certification in 737 Max-related securities fraud litigation.

  • March 31, 2026

    Feds Ask 1st Circ. To Nix 'Slapdash' 3rd Country Notice Order

    A Massachusetts federal judge overstepped his authority in ordering the U.S. Department of Homeland Security to provide deportees being sent to so-called "third" countries where they have no prior ties an opportunity to challenge their destinations, the Trump administration told the First Circuit.

  • March 31, 2026

    Injured BNSF Worker Can't Get Full $3M Verdict, Court Says

    A Missouri appeals court on Tuesday upheld a jury's decision to sharply reduce a $3 million verdict awarded to a former BNSF truck driver injured in a rail yard collision, ruling that the trial court properly allowed jurors to consider whether the driver himself was also at fault.

  • March 31, 2026

    Public Health Groups Challenge EPA's Mercury Limits Repeal

    The American Academy of Pediatrics and more than a dozen environmental and public health groups are calling on the D.C. Circuit to vacate the U.S. Environmental Protection Agency's repeal of Biden-era limits on mercury and air toxins, saying the move will jeopardize children's health across the country.

  • March 31, 2026

    11th Circ. Won't Revisit Order Keeping Migrant Facility Open

    The Eleventh Circuit on Tuesday denied a request from environmental nonprofits to allow a lower court's order halting operations of a Florida immigrant detention facility, saying in a split decision that new issues were improperly raised for the first time. 

  • March 31, 2026

    Beasley Allen Seeks Stay Of DQ In Federal J&J Talc MDL

    The Beasley Allen Law Firm asked a New Jersey federal court on Monday to hold off on disqualifying it from talc litigation against Johnson & Johnson while it appeals the disqualification order which it called "unprecedented and incorrect."

  • March 31, 2026

    5th Circ. Backs Dismissal Of Boeing 737 Max Criminal Case

    The Fifth Circuit on Tuesday declined to compel the U.S. Department of Justice to criminally prosecute Boeing for defrauding safety regulators, saying it lacks jurisdiction to upend the government's $1.1 billion nonprosecution agreement with Boeing, and that prosecutors adequately consulted the 737 Max crash victims' families.

  • March 31, 2026

    Habba, Ex-Firm Get Defense Redo In Suit Over Divorce Advice

    A New Jersey appeals court gave former acting U.S. Attorney for New Jersey Alina Habba another chance to pursue an anti-abusive litigation motion against an attorney suing her for malicious prosecution on Tuesday.

  • March 31, 2026

    Caterpillar Injury Suit Can Stay In Pa., Appeals Panel Finds

    A split Pennsylvania appeals court on Tuesday reinstated an injury suit against Caterpillar Inc. and an equipment rental company from a New Jersey worker who was injured by an excavator, finding the companies hadn't sufficiently shown that the suit belongs in the Garden State instead.

  • March 31, 2026

    70+ Republicans Ask Justices To Review NY Gun Liability Law

    More than 70 Republican lawmakers from both the House and Senate have urged the U.S. Supreme Court to review an appellate court decision that upheld New York state's public nuisance statute, which allows lawsuits against gun manufacturers that cause public harm.

  • March 31, 2026

    Fed. Circ. Partly Revives Tesla Challenge To Charging Patent

    The Federal Circuit on Tuesday partially reinstated Tesla's challenge to a Charge Fusion Technologies vehicle charging patent, throwing out part of a Patent Trial and Appeal Board decision that found the automobile company failed to show some of the claims were invalid.

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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