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Appellate
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March 24, 2026
NC Justices To Decide If AG Can Pursue DuPont Pollution Suit
The North Carolina Supreme Court's conservative majority has agreed to take up an appeal by two DuPont spinoffs challenging the state attorney general's authority to sue them over forever chemical contamination, granting certiorari over the objection of their liberal colleagues.
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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.
Expert Analysis
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Contract Disputes Recap: Terminations Galore
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.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
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.
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State Of Insurance: Q4 Notes From Illinois
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.
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How 2 Tech Statutes Are Being Applied To Agentic AI
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.
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Defense Strategy Takeaways From Recent TCPA Class Actions
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.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
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.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
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.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
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.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
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.
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3 Key Ohio Financial Services Developments From 2025
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.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
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.
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Navigating Trade Secret Exceptions In Noncompete Bans
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.
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Series
Playing Tennis Makes Me A Better Lawyer
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.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
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.
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Justices' BDO Denial May Allow For Increased Auditor Liability
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.