Appellate

  • 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.

  • January 28, 2026

    Advocates Seek Shift To 1st Circ. In Prison Call Rate Cases

    A public interest group, backed by other public interest petitioners, is asking the D.C. Circuit to transfer to the First Circuit the challenges to the Federal Communications Commission's latest prison phone rate order, arguing the court is already deeply familiar with the dispute and best positioned to resolve it.

  • January 28, 2026

    Reciprocal Discipline Unfair After 'Ambush,' Atty Tells 4th Circ.

    A solo practitioner in North Carolina whose law license was suspended for alleged tax crimes and trust account problems told the Fourth Circuit on Wednesday not to reciprocate the punishment, arguing his due process rights were violated and the underlying facts don't support disciplining him.

  • January 28, 2026

    Conn. Justices Question 'Double Recovery' In Asbestos Case

    Several Connecticut Supreme Court justices on Wednesday appeared uneasy with the thought of a mesothelioma patient's estate and widow receiving a "double recovery" from private settlements and workers' compensation law payments in an illness involving both workplace and at-home asbestos exposure sources.

  • January 28, 2026

    Fed. Circ. Won't Revive MasterCard Trade Secret Claims

    The Federal Circuit declined to revive trade secret theft claims Wednesday brought by a MasterCard unit against two former McKinsey consultants, agreeing with a lower court that the company had failed to identify the alleged trade secrets with enough specificity.

  • January 28, 2026

    Company Seeks Damages Despite Invalid Noncompetes

    The Delaware Supreme Court on Wednesday probed how far employers can go in enforcing noncompete and nonsolicitation clauses tied to lucrative equity awards, pressing both sides in a dispute between Fortiline Inc. and Patriot Supply Holdings Inc. and a group of former executives on whether companies should be able to recover damages for alleged breaches even when lower courts have found the underlying restraints unenforceable.

  • January 28, 2026

    NJ Atty Calls Fla. Bar's High Fees Unconstitutional

    A New Jersey lawyer urged the Eleventh Circuit on Wednesday to revive his suit accusing the Florida Board of Bar Examiners of violating the dormant commerce clause by charging out-of-state attorneys disproportionately high fees to sit for the Florida bar exam.

  • January 28, 2026

    Criminal History Law Covers Job Seeker's Suit, 3rd Circ. Says

    The Third Circuit reinstated a suit Wednesday from a job applicant who said a trucking company illegally rejected him because of a past armed robbery conviction, ruling that a Pennsylvania law that sets guardrails on the consideration of criminal histories in hiring applies to his case.

  • January 28, 2026

    3rd Circ. Appears Skeptical Of Quest's Early Win In 401(k) Suit

    The Third Circuit on Wednesday pressed attorneys defending Quest Diagnostics Inc.'s pretrial defeat of a proposed class action from workers who alleged that their 401(k) savings were drained by underperforming investment funds, spotlighting the parties' disagreement over whether the lab company followed its own investment policy statement.

  • January 28, 2026

    Wash. Panel Won't Force State To Pull Dispensary License

    A Washington appeals panel won't force state cannabis regulators to revoke a dispensary's license at the request of another dispensary that wished to open in the same area, saying the board rightly found that the license was not subject to forfeiture.

  • January 28, 2026

    11th Circ. Panel Skeptical Of $20.7M Conservation Deduction

    Eleventh Circuit judges expressed doubts Wednesday about a partnership's effort to restore its $20.7 million tax deduction for donating a conservation easement, saying the U.S. Tax Court had found that the partnership's managers thought the land was actually worth far less.

  • January 27, 2026

    Judiciary Panel Gets Earful On Legal Financing, Subpoenas

    Plans to overhaul federal rules involving recusal and subpoenas fueled spirited debate Tuesday before a judiciary panel, as prominent lawyers outlined forceful views on transparency in third-party litigation funding as well as relaxed policies for serving court documents and obtaining trial testimony.

  • January 27, 2026

    Ohio PBM Suit Belongs In Federal Court, 6th Circ. Rules

    The Sixth Circuit on Tuesday ruled that Ohio's lawsuit accusing pharmacy benefit managers of driving up prescription prices through rebate schemes belongs in federal court, saying in an opinion recommended for publication that the suit imposes liability on conduct undertaken at the direction of a federal officer.

  • January 27, 2026

    Venezuela Highlights 'Unique Issues' In $1B Exxon Award Suit

    Venezuela on Monday urged the D.C. Circuit not to summarily toss its challenge to the enforcement of a $1 billion arbitral award issued to three Exxon Mobil subsidiaries, arguing that an issue left open by the circuit court in a previous, parallel decision warrants taking a closer look.

  • January 27, 2026

    Split 9th Circ. Backs Blue Shield Win In Residential Care Row

    A split Ninth Circuit panel on Tuesday held Blue Shield of California did not abuse its discretion in declining to cover an adolescent's stay at a mental health treatment facility, rejecting arguments on appeal that the insurer wrongly went against the recommendations of treating physicians.

  • January 27, 2026

    Colo. Developer Challenges Court's PUD Reversal Decision

    A developer in Park County asked a Colorado Court of Appeals panel Tuesday to overturn a district court ruling prohibiting the company from building a waste transfer station despite approval from the county commissioners.

  • January 27, 2026

    EPA Says Enviro Groups Lack Standing To Fight Review Rule

    The U.S. Environmental Protection Agency said the environmental groups challenging the agency's "project accounting" method for triggering air pollution review at industrial facilities lack the standing to pursue their fight, claiming that the challengers identified no harm at all from the agency's denial of their reconsideration bid.

  • January 27, 2026

    6th Circ. Revives Rocket's Arbitration Bid In Spam Call Suit

    The Sixth Circuit determined that a homeowner using online resources to research his mortgage refinancing options consented to a mandatory arbitration provision with Rocket Mortgage LLC when he navigated to its site through a third-party affiliate, reversing a decision from a Michigan district court that denied arbitration.

  • January 27, 2026

    9th Circ. Affirms Ripple's Early Win On Registration Claim

    The Ninth Circuit won't revive class action claims alleging cryptocurrency company Ripple Labs sold the digital token XRP in an unregistered securities offering, upholding in its decision Tuesday a lower court's finding that the claims are time-barred.

Expert Analysis

  • Series

    Muay Thai Makes Me A Better Lawyer

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    Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.

  • Higher Expectations For 'Schedule A' IP Suits On The Horizon

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    Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.

  • 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.

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