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Top 2026 Topics Tracked by
Appellate Attorneys
On January 5, 2026, Law360 published its analysis of the key cases and issues being watched by appellate practitioners in 2026. John Fortin was interviewed and quoted in the section covering the topic of Class Actions as a consequence of Trump v. CASA. John’s quotes are provided below.
“The Topics Appellate Attorneys Are Tracking Most Closely In 2026,” Law360, 1/5/2026
In interviews with Law360, appellate attorneys outlined topics that will dominate the appellate practice in 2026 focusing primarily on far-reaching topics that have nationwide significance, rising appellate importance, and implications spanning numerous fields of law. Here, Law360 shares key details about the most prominent appellate themes as 2026 commences.
Emerging Fights After Trump v. CASA
CLASS ACTIONS
The majority in Trump v. CASA noted that plaintiffs can obtain sweeping relief via class actions instead of universal injunctions, and Trump’s legal foes changed course accordingly. “Within weeks of the decision coming down in June, all of the civil rights organizations then became class action lawyers,” John A. Fortin, appellate counsel at McDonald Carano LLP in Nevada, told Law360.
That shift is likely to fuel more appellate action in 2026 over the strictures of Federal Rule of Civil Procedure 23, which sets criteria for class certification. In class actions involving private parties — such as consumers suing corporations — decisions granting or denying class certification are often followed by settlements with financial components and agreements to alter business practices. But in class actions against government officials, analogous resolutions are trickier; Trump, for example, can’t simply pay people to acquiesce to executive orders or other policies. Also, class action appeals are common in some circuits, especially the Ninth Circuit, which heard more than 25% of all such appeals in recent years, according to Lex Machina’s 2024 Class Action Litigation Report. But most circuits have fairly small shares of such appeals, and they may see a marked uptick in the aftermath of Trump v. CASA.
About McDonald Carano
In 2024, McDonald Carano celebrated its 75ᵗʰ Anniversary of serving Nevada’s legal, business, government, and civic communities. More than 60 lawyers and government affairs professionals serve Nevada, national, and international clients from our offices in Reno, Las Vegas, and Carson City. McDonald Carano provides transactional, litigation, regulatory, and government affairs services to startups, corporations, private companies, trade associations, nonprofits, public entities, high-net-worth individuals, and family offices throughout Nevada. We are deeply committed to supporting local communities by volunteering our time, resources, and services, including pro bono legal services, to nonprofit organizations, charitable foundations, and public service entities. We are proud to be your Nevada law firm since 1949.
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