Appellate

  • March 18, 2026

    2nd Circ. Judge Unimpressed By OpenAI's IP Suit Stance

    A Second Circuit judge on Wednesday expressed surprise when an OpenAI attorney couldn't explain whether the company's artificial intelligence system duplicated Raw Story Media Inc.'s news articles while allegedly removing copyright management information from the online reports.

  • March 18, 2026

    White Ex-Penn State Prof Gets Traction In 3rd Circ. Bias Fight

    Penn State University faced headwinds at the Third Circuit on Wednesday as it pushed to preserve its trial court win over a white former professor's race discrimination suit, with one judge taking the school's attorney to task for categorizing the case as a broad attack on diversity, equity and inclusion programs.

  • March 18, 2026

    Ill. Panel Chides State Over 'Absurd' Reading Of Wage Law

    An Illinois appellate court had choice words Tuesday for the Illinois Department of Labor's argument that an amendment to the Wage Payment and Collection Act deems certain corporate officers "employers" that can be held personally liable for employees' unpaid wages, calling the agency's interpretation "legally unsound" and "unjust."

  • March 18, 2026

    NYU Tax Center Backs IRS In 2nd Circ. Limited Partner Fight

    An investment company's bid to restore a self-employment tax exemption for its limited partners improperly relies on state law to define their federal tax status, New York University's Tax Law Center told the Second Circuit in an amicus brief supporting the IRS.

  • March 18, 2026

    Ligado Asks Judge To Pause $100M Payment To Inmarsat

    A telecom company has asked a Delaware bankruptcy judge to let it delay a $100 million payment owed to satellite operator Inmarsat, arguing that Inmarsat's alleged breach of a key settlement agreement undermined the value of the deal and caused potentially significant harm.

  • March 18, 2026

    NJ Justices Say Tidelands Steward Can Modify Pierhead Lines

    The New Jersey Supreme Court on Wednesday held that the state's tidelands steward is permitted to modify or establish a pierhead line in front of an individual property owner's land, rejecting a challenge to the approval of two licenses permitting the expansion of a dock in Barnegat Bay.

  • March 18, 2026

    NJ Firm Pushes For Rare Arbitration Redo In Fee-Split Dispute

    A Garden State law firm urged a New Jersey appellate panel Wednesday to throw out an arbitrator's fee-split award it said was "riddled with obvious mistakes" and issued in violation of the parties' agreement, while acknowledging that overturning arbitration decisions is "difficult" and rarely granted.

  • March 18, 2026

    Coke Bottler 401(k) Suit Put On Ice For High Court Ruling

    A Coca-Cola bottler can't dodge a proposed class action claiming its 401(k) plan was loaded with lackluster options, a Texas federal judge ruled, saying the company's dismissal bid must wait until the U.S. Supreme Court weighs in on the standards for claims of retirement investment underperformance.

  • March 18, 2026

    9th Circ. Urged To Rehear Cannabis Dormant Commerce Case

    A California attorney who has challenged cannabis social equity programs in numerous jurisdictions asked the entire Ninth Circuit on Tuesday to reconsider whether the U.S. Constitution's dormant commerce clause applies to federally illegal marijuana.

  • March 18, 2026

    AFSCME Unit, Pa. DOT Must Face Seniority Dispute

    An American Federation of State, County and Municipal Employees unit and the Pennsylvania Department of Transportation cannot escape an employee's lawsuit alleging that she was placed on unpaid leave during the onset of the COVID-19 pandemic while less senior workers were able to continue working, a state appeals court ruled.

  • March 18, 2026

    Ga. Panel Preserves HOA Fraud Verdict, Scraps $21M Award

    The Georgia Court of Appeals backed fraud and civil racketeering verdicts won by nearly a dozen homeowners against a developer but scrapped $21 million in punitive damages the residents were awarded as excessive "even given the defendants' wealth and repeated instances of bad behavior."

  • March 18, 2026

    NY Court Affirms Gas Hacker's Conviction In Fatal NYC Blast

    An unlicensed plumber sentenced to up to 12 years in prison for causing a 2015 gas explosion that killed two people, injured 13 and destroyed several buildings on New York City's Lower East Side cannot escape his sentence, a New York state appeals court has ruled unanimously.

  • March 18, 2026

    Tax Prep Firm Can't Challenge Bulk Denial Of Tax Credits

    Two tax preparation companies don't have enough interest in their clients' refunds to stop the IRS from issuing batch denials of thousands of pandemic-era worker credit claims, the Ninth Circuit found, affirming an Arizona district court's ruling.

  • March 18, 2026

    Coal Plant Order Was Right Call, Energy Dept. Tells DC Circ.

    The U.S. Department of Energy has urged the D.C. Circuit to back the DOE's order keeping a Michigan coal-fired power plant open, saying the Federal Power Act gives Energy Secretary Chris Wright broad emergency authority to prevent power plants from closing.

  • March 18, 2026

    Toy Co. Not Covered In Unpaid Judgment Fight, 8th Circ. Says

    An insurer needn't defend a toy company accused by a competitor of using legal proceedings to evade payment of an $8.5 million default judgment for false advertising, the Eighth Circuit has ruled, holding that the policy's malicious prosecution coverage doesn't extend to abuse of process claims.

  • March 18, 2026

    Groups Urge DC Circ. To Rescind 2 DOE Coal Plant Orders

    A group of environmental and public interest organizations urged the D.C. Circuit to overturn U.S. Department of Energy emergency orders requiring two Indiana coal-powered plants to continue operating into late March, arguing the DOE overstepped its authority.

  • March 18, 2026

    8th Circ. Seems Skeptical About Nix Of Wells Fargo 401(k) Suit

    The Eighth Circuit appeared skeptical Wednesday of the reasoning behind a lower court's decision to toss a proposed class action alleging Wells Fargo's 401(k) forfeiture spending violated federal benefits law, but still expressed doubts about the case's viability.

  • March 18, 2026

    Mich. Justices Hear Broad Support For Court Rule Changes

    The Michigan Supreme Court received largely supportive feedback Wednesday at its public administrative hearing on a series of proposed court rule changes, including amendments dealing with electronic service, unpublished appellate opinions and state bar representative assembly elections.

  • March 18, 2026

    11th Circ. Won't Revive Ex-JetBlue Worker's COVID Mask Suit

    The Eleventh Circuit backed JetBlue's win in a lawsuit claiming the airline violated federal disability bias law when it refused to let a flight attendant work maskless during the COVID-19 pandemic, ruling that she waited too long to file a presuit charge with the U.S. Equal Employment Opportunity Commission.

  • March 18, 2026

    Conn. Justices Won't Hear Ex-Alex Jones Atty's Ethics Case

    The Connecticut Supreme Court will not hear a challenge to the two-week suspension of Alex Jones' former lawyer, leaving intact an intermediate Appellate Court decision affirming the pared-down punishment surrounding his law firm's handling of Sandy Hook Elementary School massacre victims' personal information.

  • March 18, 2026

    Illinois Court Rejects Challenge To Chicago Dispensary Permit

    An Illinois appeals court has rejected a neighbors group's challenge to a special-use permit granted to a Chicago dispensary, finding that a lower court correctly found that the group lacked standing to challenge the zoning board's decision.

  • March 18, 2026

    Del. Allows County Subpoena Of Witnesses For Assessments

    Delaware authorized its counties to subpoena witnesses and evidence under certain conditions in disputes over nonresidential real property's assessed value as part of a bill signed by the governor.

  • March 17, 2026

    IP Atty Appeals Order Requiring OK To File WDTX Patent Suits

    Intellectual property attorney William Ramey is asking the Federal Circuit to overturn a Texas district judge's sanctions order requiring him to seek the court's permission before filing patent suits in the future, saying the judge relied on the wrong evidence in finding the attorney failed to conduct presuit investigations.

  • March 17, 2026

    NJ High Court Eyes Global Plea Deal After Nixed Conviction

    A man who pled guilty to two indictments urged the New Jersey Supreme Court to let him withdraw his global guilty plea Tuesday, saying that an appellate win in one of the cases has strengthened his negotiating position.

  • March 17, 2026

    DC Circ. To Decide How Far Back FERC Can Order Refunds

    The D.C. Circuit is set to decide exactly how far back the Federal Energy Regulatory Commission can go in implementing refund orders based on rate adjustments, having spent nearly two hours Tuesday morning hashing out the matter with several attorneys.

Expert Analysis

  • 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.

  • 10th Circ. Dissent May Light Path For Master Account Access

    Author Photo

    While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.

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.