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Appellate
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January 15, 2026
6th Circ. Rejects Kentucky Mom's Bid For Copyrighted Survey
A Kentucky mother cannot rely on copyright's fair use doctrine to obtain a copy of a student mental-health survey because her dispute with the school district arises under the state's open records law, a panel of the Sixth Circuit has concluded.
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January 15, 2026
GEO Group Urges Justices To Pick Up Wage Immunity Case
The Ninth Circuit ignored intergovernmental immunity when it ruled that the GEO Group needed to follow Washington's minimum wage to pay detainees in a voluntary work program, the private prison operator told the U.S. Supreme Court, urging the justices to weigh in.
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January 15, 2026
2nd Circ. Seems Reluctant To Wrap Up EEOC Union Bias Suit
The Second Circuit appeared skeptical Thursday of the U.S. Equal Employment Opportunity Commission's push to wind down a more than half-century-old race discrimination case against unions and apprenticeship programs, questioning whether bias still pervaded the organizations' practices.
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January 15, 2026
6th Circ. Says Cop's Rap Videos, Not Race Bias, Got Him Fired
The Sixth Circuit declined to revive a suit from a Black cop who said race bias cost him his job, ruling he couldn't overcome evidence that he was actually terminated for creating and posting rap videos that depicted him brandishing guns and simulating shooting a homeless person.
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January 15, 2026
4th Circ. Axes Distributor Wage Suit That Went To High Court
The Fourth Circuit has dismissed a lawsuit accusing an international food distributor of unpaid overtime, almost a year to the day the U.S. Supreme Court held in the case that the Fair Labor Standards Act's exemptions do not call for heightened evidence standards, according to a court filing.
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January 15, 2026
Rehab Center's Suit Against Atty Can Proceed, 6th Circ. Says
An Ohio attorney accused of mishandling the sale of a substance abuse treatment center in West Virginia is facing revived malpractice claims after the Sixth Circuit reversed a federal district court ruling that found the client waited too long to file suit against the lawyer.
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January 15, 2026
Split 3rd Circ. Finds Khalil Can Be Detained Again
The Third Circuit vacated on Thursday a series of New Jersey federal court orders blocking the detention and removal of Mahmoud Khalil, a lawful permanent resident targeted for deportation under a rarely used foreign policy provision of the Immigration and Nationality Act.
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January 14, 2026
DHS Can Axe '11th Hour' Venezuelan Protections, 9th Circ. Told
The Trump administration urged the Ninth Circuit on Wednesday to vacate its summary judgment loss so that the government can continue to unwind temporary protected status for 600,000 Venezuelans, arguing that U.S. Department of Homeland Security Secretary Kristi Noem had the authority to terminate the Biden administration's "eleventh hour" protections.
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January 14, 2026
Full 5th Circ. Will Revisit PWFA's Constitutionality
The Fifth Circuit late Wednesday vacated a split panel opinion allowing enforcement of the Pregnant Workers Fairness Act against the state of Texas, granting an en banc rehearing to consider whether the U.S. Constitution required House lawmakers' physical presence to have a quorum when the statute was approved.
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January 14, 2026
Colo. Ex-Clerk Asks Appeals Court To Overturn Convictions
The former clerk and recorder of Mesa County, Colorado, asked the state's appellate court to overturn her convictions for a 2020 election-related scheme, arguing immunity during Wednesday's oral arguments that pressed the state on evidentiary and sentencing issues.
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January 14, 2026
Calif. Again Asks 9th Circ. To Unleash Kids' Privacy Law
California's attorney general was back before the Ninth Circuit on Wednesday, urging the court to vacate a new preliminary injunction blocking a landmark law requiring tech giants to bolster privacy protections for children, and arguing the lower court wrongly found the entire statute likely implicates the First Amendment.
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January 14, 2026
Fla. Tribe Urges 11th Circ. To Uphold Detention Center Block
A federally recognized Florida tribe has asked the 11th Circuit to uphold a lower court's preliminary injunction halting operations of an immigrant detention center in the Everglades, arguing that environmental safeguards are at stake rather than immigration policy.
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January 14, 2026
Tort Report: Los Angeles Tops Annual 'Judicial Hellhole' List
Los Angeles' designation by a tort reform group as a top "judicial hellhole," and the latest in a suit over a Kentucky judge shot to death in his own chambers lead Law360's Tort Report, which compiles recent personal injury and medical malpractice news that may have flown under the radar.
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January 14, 2026
6th Circ. Skips Rethink, But Still Spars Over Indirect Buyer Bar
A decision by the full Sixth Circuit not to rehear a lawsuit over an alleged allergy testing and treatment provider boycott has turned into an internal dustup about the limits of who can seek damages under federal antitrust law, with one judge calling for U.S. Supreme Court intervention.
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January 14, 2026
Mich. Panel Revives Man's Goose Attack Injury Claim
A Michigan state appeals court revived premises liability claims against a hospital accused of not warning a contractor about a known risk of a dangerous goose frequenting the area.
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January 14, 2026
Court Debates Developer's Immunity In PUD District Dispute
An attorney representing the city of Telluride, Colorado, argued in front of the state Supreme Court on Wednesday that an appellate panel was wrong to reverse a lower court's ruling prohibiting a development company from amending a parcel of land in a Planned Unit Development district.
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January 14, 2026
Freight Broker Tells Justices Negligence Claims Preempted
Broker and logistics giant C.H. Robinson told the U.S. Supreme Court on Wednesday that federal law unequivocally shields freight brokers from state-based negligence and personal injury claims, saying the plaintiffs bar is pushing for patchwork liability standards that would upend interstate commerce and the supply chain.
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January 14, 2026
Jury Seated In Goldstein Trial, Arguments To Start Thursday
A federal jury was seated in Thomas Goldstein's felony tax and mortgage fraud case Wednesday, but the government will wait until Thursday to begin making its case.
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January 14, 2026
SEC To Lean On Congress As Defense In High Court Case
The U.S. Supreme Court is once again stepping into the debate over when the U.S. Securities and Exchange Commission can demand that alleged fraudsters give up ill-gotten gains, but this time the agency plans to argue a 2021 government spending bill should save it from further limits to its disgorgement powers.
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January 14, 2026
Exasperated Judge Won't Expand Opioid Film Injunction
BioDelivery Sciences International needed to pursue a contempt order, not an enforcement action, when alleging a 2022 injunction blocking Alvogen's generic version of its Belbuca opioid film should be applied to a new generic application, a Delaware federal judge held in a case where he was already "frustrated (and exhausted)."
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January 14, 2026
Texas Justices Seem Open To Judicial Review Of Hemp Rule
The Texas Supreme Court seemed skeptical of the Texas Department of State Health Services' argument that the judiciary lacks authority to review a decision to make delta-8 THC a controlled substance, asking Wednesday why the court should not have authority to enforce an existing law.
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January 14, 2026
Door Maker Says Birthright Ruling Doesn't Impact Divestiture
Steves & Sons Inc. told the Fourth Circuit that the U.S. Supreme Court's recent ruling dealing with the reach of nationwide injunctions has no bearing on the door manufacturer's landmark win in a private merger challenge.
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January 14, 2026
House Blocks GOP Bid To Cut Funds For DC Judges, Courts
The House on Wednesday failed to approve a Republican-led amendment to a government funding bill that would decrease the funding for D.C. courts and take aim at two federal judges Republicans are looking to impeach.
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January 14, 2026
Justices Wary Of NJ's Immunity Defense In Transit Injury Suits
The U.S. Supreme Court signaled skepticism Wednesday toward New Jersey's bid to cloak its public transit system in sovereign immunity, repeatedly questioning why the state chose the corporate form and rejected liability for the agency's debts but now insists the entity functions as an arm of the state.
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January 14, 2026
USPTO Tells Fed. Circ. To Reject Assignor Estoppel Case
The U.S. Patent and Trademark Office has urged the Federal Circuit to reject a mandamus petition by Tessell Inc. that claimed the office flouted precedent by using assignor estoppel to reject patent challenges, saying the decisions were based on discretion, not that legal doctrine.
Expert Analysis
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
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.
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4 Developments That Defined The 2025 Ethics Landscape
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.
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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.