Appellate

  • January 28, 2026

    NJ Prep School Can't Arbitrate Student's Sex Assault Suit

    A New Jersey appeals court on Wednesday refused to send to arbitration a suit seeking to hold the prestigious Lawrenceville School liable for the sexual assault of a student, saying a federal statute that bars arbitration for certain sexual assault cases renders irrelevant the school's argument about a later-signed agreement.

  • January 28, 2026

    7th Circ. Doubtful Climate Fight Belongs In Federal Court

    Seventh Circuit judges seemed skeptical Wednesday of Chevron and other oil giants' argument that a lower court incorrectly sent Chicago's climate deception claims back to state court, questioning whether they've cited the type of contractual government work and relationship that would otherwise keep the suit in federal court.

  • January 28, 2026

    Tobey Maguire Says He Rerouted Fee To Goldstein

    "Spider-Man" star Tobey Maguire told the jury Wednesday in Thomas Goldstein's tax fraud trial that he paid $500,000 for his legal services to another poker player the former SCOTUSblog founder owed money to, rather than Goldstein's law firm.

  • January 28, 2026

    Record Label Says 2 Live Crew Gave Up Rights In Bankruptcy

    A Miami-based record label told an Eleventh Circuit panel Wednesday that a lower court erred in determining rap group 2 Live Crew never gave up termination rights under the Copyright Act, arguing instead that the rights were included in the sale of the records in a 1996 bankruptcy.

  • January 28, 2026

    Del. Justices Told ERISA, Legal Fee Tangle Unprecedented

    An attorney for a distressed credit fund told Delaware's Supreme Court justices on Wednesday that a vice chancellor made an unprecedented finding last year that provisions of the nation's employee retirement income law barred entitlement to legal fee advancement in a state contract case, urging the justices to overturn the ruling.

  • January 28, 2026

    Judge Lets BMW Drop Contempt Bid After 'Battle Royale'

    Following what BMW called a "battle royale" where the parties accused each other of misrepresentation, a Texas federal judge Wednesday granted the automaker's motion to withdraw its bid to hold Onesta IP in contempt of a now-stayed order for the licensing company to drop German litigation over U.S. patents.

  • January 28, 2026

    Schools Want To Appeal Financial Aid-Fixing Antitrust Case

    The five private universities that have yet to settle with students over the alleged fixing of financial aid offerings are asking an Illinois federal court for permission to immediately appeal a ruling that sets the case up for trial.

  • January 28, 2026

    Sanctions Motion Allowed In Barratry Suit, Texas Court Says

    A Texas appeals court has kept intact a motion for sanctions against a man who accused a law firm of barratry, saying Wednesday the motion was based on "ancillary conduct" and therefore not subject to the state's anti-SLAPP law.

  • January 28, 2026

    Trump Announces Pick For New Assistant AG For Fraud Role

    President Donald Trump announced Wednesday evening that he would be nominating Colin McDonald, associate deputy attorney general, for the newly created assistant attorney general for fraud role.

  • January 28, 2026

    Enbridge Looks To Keep Pipeline Open Amid 7th Circ. Appeal

    Enbridge Energy Inc. is looking to pause a shutdown order of a segment of its Line 5 pipeline that runs through Wisconsin tribal lands pending its Seventh Circuit appeal, arguing to a Wisconsin district court that a cutoff would cause disproportionate economic harm and energy shortages.

  • January 28, 2026

    IT Co.'s Arbitration Pact Undercut Class Rights, 9th Circ. Says

    TEKsystems Inc. engaged in misleading and coercive actions when it provided an arbitration pact to technology recruiters seeking unpaid overtime nearly two years after they lodged their suit, the Ninth Circuit ruled Wednesday, affirming a California federal court decision.

  • January 28, 2026

    After Fed. Circ. Remand, PTAB Again Backs Bausch Patent

    The Patent Trial and Appeal Board has found again that MSN Laboratories failed to show that a drug patent owned by Bausch Health Ireland Ltd. was invalid, after the Federal Circuit told the board to take another look last year.

  • January 28, 2026

    7th Circ. Weighs 'Unprecedented' Clearview AI Privacy Deal

    The Seventh Circuit on Wednesday raised misgivings about a novel settlement ending multidistrict litigation over Clearview AI's collection of biometric data online, pressing an attorney for those objecting to the deal to offer alternatives they'd deem fair, given the risk of the company going bankrupt and class members receiving no payout at all.

  • January 28, 2026

    Concrete Co. Not Exempt From NJ Sick Leave Law, Panel Says

    New Jersey suppliers can't rely on an exemption for the construction industry to avoid complying with the state's Earned Sick Leave Law, an appellate panel found Wednesday as a matter of first impression, finding the law only allows builders to claim the exemption to the law.

  • January 28, 2026

    1st Circ. Says Ex-Cop Proves No Bias In Retaliation Suit

    The First Circuit backed the dismissal of an ex-Boston cop's retaliation suit claiming the department shared her disciplinary records with prospective employers because of her accusations that police leaders buried her claims of rape by a fellow officer, ruling she hadn't provided any evidence of bias.

  • January 28, 2026

    Ga. Panel Won't Order New Trial Over Jury Pool Error

    A Georgia appeals court has ruled that a clerical error that led to an old jury list being used to summon potential jurors was not an error warranting a new trial in an aggravated child molestation case.

  • January 28, 2026

    Casino License Revocation Order Off The Mark, 8th Circ. Told

    Two Cherokee Nation entities say an Arkansas federal court "struck out on its own" when it dismissed claims over the revocation of an Arkansas-issued gambling license, telling the Eighth Circuit that the decision sets a dangerous precedent that will haunt the state as it seeks multimillion-dollar investors.

  • January 28, 2026

    6th Circ. Affirms Retailer Not Insured For Pandemic Losses

    The Sixth Circuit has upheld a Tennessee federal court's decision denying a national clothing retailer's bid for coverage for COVID-19 pandemic-related costs, ruling the lower court conducted its "choice of law" analysis correctly and that Tennessee and Pennsylvania laws bar coverage.

  • January 28, 2026

    Insurer Claims No Duty In Crash Suit Against Vape Shop

    A deadly car accident underpinning a lawsuit against a North Carolina-based vape and smoke shop occurred several miles away from the store's grounds, so exclusions in the shop's commercial insurance policy preclude coverage, the insurer's counsel told a North Carolina state appeals court Wednesday.

  • January 28, 2026

    Alito Rejects Bid To Pause 3rd Circ.'s Computer Fraud Ruling

    U.S. Supreme Court Justice Samuel Alito on Wednesday denied a debt collection agency's request to stay a Third Circuit decision that found the Computer Fraud and Abuse Act does not support claims against employees who share work passwords.

  • January 28, 2026

    Fla. Court Undoes Class Cert. Of Medicare Cos. In USAA Suit

    A Florida state appeals court on Wednesday reversed class certification for a group of Medicare-contracted businesses suing USAA Casualty Insurance Co. over allegations the insurer sidestepped its obligation to pay automobile injury claims and passed them on to so-called secondary payers. 

  • January 28, 2026

    5th Circ. Denies Insurers' Bid To Arbitrate Storm Damage Suit

    The Fifth Circuit held Tuesday that domestic insurers can't compel arbitration or establish federal jurisdiction by relying on foreign insurers' involvement in a surplus line policy in which each insurer has its own agreement with the purchaser.

  • January 28, 2026

    NJ Justices Revive Woman's Suit Over Parole Conditions

    A woman who was sent to prison for violating allegedly unconstitutional bans on social media and pornography consumption during her lifelong parole for endangering the welfare of a child may proceed with her civil suit, New Jersey's highest court ruled Wednesday in a partial reversal.

  • January 28, 2026

    6th Circ. Seems Unlikely To Ax Prof's Pregnancy Bias Win

    A Sixth Circuit panel appeared unmoved Wednesday by Michigan Technological University's effort to undo a former professor's pregnancy bias win but also skeptical of resurrecting additional bias and pay disparity claims that had been trimmed from the case prior to trial.

  • January 28, 2026

    Atty Who Sued Blank Rome Lawyers Ordered To Pay Fees

    A Pennsylvania federal judge has adopted a special master's recommendation that a lawyer who lost her malicious prosecution case against several Blank Rome LLP attorneys and an aviation parts company should pay fees covering the defendants' bid to sanction her over alleged deposition conduct.

Expert Analysis

  • Navigating AI In The Legal Industry

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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

    Author Photo

    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.

  • Health, Legal Employers Face Unique Online Speech Hurdles

    Author Photo

    Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

    Author Photo

    The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

    Author Photo

    Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.

  • Reviewing 2025's Most Pertinent Wiretap Developments

    Author Photo

    2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.

  • Series

    Nature Photography Makes Me A Better Lawyer

    Author Photo

    Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

    Author Photo

    Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.

  • Software Patents May Face New Eligibility Scrutiny

    Author Photo

    November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

    Author Photo

    Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

    Author Photo

    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

    Author Photo

    The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

Want to publish in Law360?


Submit an idea

Have a news tip?


Contact us here
Can't find the article you're looking for? Click here to search the Appellate archive.