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Appellate
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January 26, 2026
Fla. Panel Sides With State Over Signatures For Pot Initiative
A Florida state appeals court sided with officials over invalidating more than 70,000 signatures collected for a potential ballot initiative that would legalize recreational cannabis in the Sunshine State, saying emailed directives handed down to county election supervisors regarding petition verification weren't unlawful.
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January 26, 2026
NJ Court Says Security Co.'s Harassment Suit Needs 2nd Look
A New Jersey state appeals panel ruled Monday that despite a valid arbitration pact, a worker who said security logistics company Brink's failed to take action when colleagues called her gendered slurs may still be entitled to her day in court.
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January 26, 2026
Bankrupt Biz Can't Avoid Pension Obligations, 4th Circ. Says
A defunct construction business owes the International Painters and Allied Trades Industry Pension Fund about $1.6 million, a Fourth Circuit panel said Monday, affirming a lower court's decision that the fund's lawsuit seeking payment was filed on time.
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January 26, 2026
Disarming Cannabis Users Is Unconstitutional, Justices Told
A Texas man charged with illegally possessing a gun as a regular cannabis user told the U.S. Supreme Court that the government had no more right to disarm him than it had to restrict the gun use of people who drank on the weekends.
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January 26, 2026
Full 3rd Circ. Passes On Alina Habba DQ Challenge
The Third Circuit on Monday declined to reconsider its decision blocking Alina Habba from serving as acting U.S. attorney for New Jersey, denying the Justice Department's petition for rehearing and leaving intact a decision that sharply curtailed the government's use of creative maneuvers to install interim federal prosecutors.
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January 26, 2026
3rd Circ. Won't Revive Challenge To Fund For Bilked Clients
A suspended attorney who was previously disbarred and jailed for a job-selling scheme within the Pennsylvania auditor general's office in the 1980s can't sue a state fund for compensating his clients after he allegedly siphoned money from their trust account, the Third Circuit ruled Monday.
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January 26, 2026
AI Image Is Not Copyrightable, Gov't Tells High Court
The U.S. government has urged the U.S. Supreme Court to reject an appeal from a computer scientist over whether an image created by an artificial intelligence system he developed can qualify for copyright protection, arguing that existing law clearly limits copyrights to human authors.
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January 26, 2026
Radio Co. Says Letting Nielsen Resume Data Tying Hurts Biz
Cumulus Media has urged the Second Circuit not to lift a New York federal judge's order blocking Nielsen from conditioning access to its nationwide radio ratings data on the purchase of local market data while the ratings company appeals the ruling.
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January 26, 2026
Suit Over Fatal Fire Can Go To Philippines, Conn. Justices Say
The Connecticut Supreme Court ruled Monday that a trial court conducted the right assessment in deciding that a wrongful death suit over a devastating call center fire belonged in the Philippines, in a defeat for the estate administrator for 29 people who were killed.
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January 26, 2026
4th Circ. Preview: NCAA Eligibility And E-Cigarette Law
Notwithstanding the winter storm that slammed several states over the weekend, litigators will clash at the Fourth Circuit this week on whether NCAA eligibility rules violate antitrust law, or federal law preempts North Carolina's ability to regulate e-cigarette sales.
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January 26, 2026
Justices Nix 4th Circ. Ruling That Affirmed New Criminal Trial
The U.S. Supreme Court on Monday ditched a Fourth Circuit ruling that affirmed habeas corpus relief for a Maryland man convicted of attempted murder, saying the appeals court overstepped federal habeas limits by second-guessing a state court's decision.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
SVB Says FDIC Can't Claim Setoff In $1.9B Fight
The bankrupt parent of the failed Silicon Valley Bank on Monday made its case to the Second Circuit that the Federal Deposit Insurance Corp. lost the right to assert setoff arguments in a fight over $1.9 billion in bank funds by failing to make the argument in SVB's Chapter 11 case.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
High Court Won't Review Social Security Judge's Removal
The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.
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January 26, 2026
High Court Kicks Restitution Case Back To Mich. Justices
The U.S. Supreme Court on Monday ordered the Michigan Supreme Court to rethink ordering a man convicted of murder to pay the victim's funeral expenses under a restitution law enacted years after the slaying.
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January 26, 2026
Supreme Court To Define 'Consumer' Under Privacy Law
The U.S. Supreme Court on Monday agreed to consider what criteria consumers need to meet in order to sue under the federal Video Privacy Protection Act, accepting a challenge to a ruling that said a Paramount digital newsletter subscriber could not bring a lawsuit.
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January 23, 2026
Ill. High Court OKs Police Force Evidence In Defense Cases
The Illinois Supreme Court on Friday ordered state trial courts to consider allegations of police use of excessive force when deciding whether to provide a self-defense jury instruction in police battery cases.
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January 23, 2026
Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules
A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."
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January 23, 2026
DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.
A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
Feds' Wind Farm National Security Claim Faces Skepticism
Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.
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January 23, 2026
6th Circ. Won't Revive Bread Financial Investors' Suit
The Sixth Circuit won't resuscitate investor claims against the company now known as Bread Financial Holdings Inc., finding that the suit didn't show how shareholders were misled or defrauded leading up to a corporate spin-off that ended in bankruptcy.
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January 23, 2026
Conn. High Court Snapshot: $13.2M Estate Tax Tops January
The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.
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January 23, 2026
Med Mal Verdict Must Be Offset By Other Deal, Panel Says
An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.
Expert Analysis
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5 Trade Secret Developments To Follow In 2026
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.
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Top 10 Employer Resolutions For 2026
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.
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Navigating AI In The Legal Industry
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.
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4 California Insurance Law Decisions To Know From 2025
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.
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The Major Securities Litigation Rulings And Trends Of 2025
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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A 6th Circ. Snapshot: 3 Cases That Defined 2025
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.
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How Fractional GCs Can Manage Risks Of Engagement
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.
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Health, Legal Employers Face Unique Online Speech Hurdles
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.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
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.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
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.
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Reviewing 2025's Most Pertinent Wiretap Developments
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.
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Series
Nature Photography Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Practical Problem Solving
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.
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Software Patents May Face New Eligibility Scrutiny
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.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
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.