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DC Circ. Cases To Watch In January

The D.C. Circuit will start the New Year hearing several noteworthy cases, including a challenge to the Trump administration's transgender troop ban and a fight over whether two common "forever" chemicals qualify as hazardous materials under the Superfund law.
January 07, 2026
FERC Defends Grid Planning Policy Revamp At 4th Circ.

The Federal Energy Regulatory Commission has told the Fourth Circuit that the overhaul of its regional transmission planning policy was needed to address a pervasive failure to efficiently build out the U.S. electric grid, and that allegations the agency acted unlawfully are meritless.
January 07, 2026
NFL Takes Arbitration Fight In Flores Case To Supreme Court

The National Football League has asked the U.S. Supreme Court to decide whether its arbitration process, overseen by the commissioner, complies with federal law, appealing a Second Circuit ruling in favor of a coach suing the league for discrimination.
January 07, 2026
Fed. Circ. Suggests Sepsis Test IP Needs Claim Construction

U.S. Circuit Judge Todd M. Hughes appeared largely persuaded Wednesday that a Delaware federal jury improperly engaged in post-trial claim construction when overriding Magnolia Medical Technologies Inc.'s $2 million infringement verdict, in an appeal that also had the Federal Circuit jurist thanking God that he doesn't try patent cases.
January 07, 2026
NC Panel Backs GOP In Judicial Appointment Power Clash

A split panel in North Carolina's intermediate appeals court Wednesday sided with Republican lawmakers in an ongoing constitutional battle over the governor's appointment powers, finding the Legislature can restrict his ability to fill judicial vacancies in the state appellate courts.
January 07, 2026
Objector To PACER Overcharge Settlement Faces Uphill Battle

An objector to a $125 million settlement to end class claims alleging the federal government overcharged nonprofits and other lawyers to access court documents faced a skeptical Federal Circuit panel Wednesday, with judges indicating they had not found legal errors in the district court's approval of the deal.
January 07, 2026
Pittsburgh Paper To Close In Midst Of Legal Woes With Union

The Pittsburgh Post-Gazette announced plans to close after nearly 240 years, hours after the U.S. Supreme Court on Wednesday lifted Justice Samuel Alito's stay of a Third Circuit order making the company comply with a National Labor Relations Board order to restore its newsroom workers' healthcare plan.
January 07, 2026
Delay Bars Coverage For $10M Abuse Verdict, 11th Circ. Says

A Nationwide insurer needn't cover a $10 million verdict awarded to a woman who was sexually exploited by her mother's boss when she was a child, the Eleventh Circuit held Wednesday, saying a nearly 5-year delay in notifying the insurer of the conduct was untimely.
January 07, 2026
BNP Can't Undo $21M Verdict In Sudan Refugee Case

A Manhattan federal judge granted final judgment Wednesday against BNP Paribas for its alleged role bankrolling atrocities against plaintiffs who fled Sudan amid human rights abuses, declining to trim a $21 million bellwether verdict.
January 07, 2026
Poultry Cos. Seek Stay Of Water Pollution Ruling For Appeal

Tyson Foods and other poultry operators found responsible for polluting Oklahoma waters with chicken waste argued that, without a stay in the court's judgment pending a Tenth Circuit appeal, companies not subject to its orders will have an economic advantage.
January 07, 2026
Defense Bar Says 11th Circ.'s Arbery Ruling Risks Overreach

The National Association of Criminal Defense Lawyers urged the Eleventh Circuit on Tuesday to reconsider its support for the kidnapping convictions of Ahmaud Arbery's murderers, arguing its decision "extends without limit" the federalization of criminal charges based on the mere presence of an automobile.
January 07, 2026
Fed. Circ. Faults Lower Court In Parking Patent Case

The Federal Circuit said a new trial is needed to determine if a parking lot management patent is invalid under a rule prohibiting patents for technologies that were used or were on sale for more than a year before a patent application is filed.
January 07, 2026
Convicted Oil Trader Agrees To $1.7M Forfeiture For Bribes

A former Freepoint Commodities LLC and Arcadia Fuels Ltd. oil trader convicted of paying bribes to Brazilian officials has reached a $1.7 million forfeiture agreement with federal prosecutors, who initially asked the Connecticut court for $7.8 million.
January 07, 2026
DOJ Nominee Says He'll Work Within Blue-Slip 'Parameters'

A nominee for a top U.S. Department of Justice position that handles judicial nominees appeared to give a nod to the Senate's blue-slip process, despite President Donald Trump's vocal opposition to the tradition.
January 07, 2026
FDA Pushes Back On Vape Cos.' 5th Circ. Appeal

The U.S. Food and Drug Administration is urging the Fifth Circuit to reject a group of appeals from e-cigarette manufacturers seeking to overturn the marketing denial of their flavored vapes, saying the agency did not abuse its discretion in rejecting the companies' products.
January 07, 2026
4th Circ. Won't Revive Fired United Flight Attendant's Bias Suit

The Fourth Circuit backed the dismissal of a Black ex-flight attendant's retaliation suit claiming United Airlines fired her for complaining that her boss teed her up for termination over her race and age, saying she failed to show a link between her complaints and her firing.
January 06, 2026
11th Circ. Backs FTC Win In False Ad Suit Against Corpay

The Eleventh Circuit on Tuesday affirmed the U.S. Federal Trade Commission's win in its lawsuit against Corpay Inc., saying in a published opinion that "overwhelming" evidence backed a lower court's finding that the company engaged in deceptive advertising and unfair billing practices when marketing and selling fuel cards.
January 06, 2026
Ciminelli Walks As 10-Year Buffalo Billion Fraud Case Ends

The long and contentious corruption case against New York developer Louis Ciminelli and others that led to a landmark U.S. Supreme Court ruling on fraud came to a close Tuesday, after he pled guilty and was sentenced to no time in prison.
January 06, 2026
8th Circ. Revives Jail Suicide Suit Against Mental Health Org.

An Eighth Circuit panel unanimously revived a lawsuit Tuesday by the family of an Iowa jail inmate who died by suicide, holding that a jury could find that a mental health provider's alleged incomplete report to jail staff put the inmate at greater risk.
January 06, 2026
Judiciary Advisers Predict Clashes Over AI, Remote Testimony

The federal judiciary's policy advisers appeared divided Tuesday over efforts to align procedural rules with digital age technology and preferences, and they predicted a torrent of impassioned input if they open up their delicate internal debates to the entire public.
January 06, 2026
Section 230 Knocks Down Addiction MDL, Meta Tells 9th Circ.

Meta Platforms Inc. urged a Ninth Circuit panel on Tuesday to find that Section 230 of the Communications Decency Act shields it from sprawling social-media-addiction multidistrict litigation, arguing that the claims go to "the heart of what the statute intends to protect."
January 06, 2026
5th Circ. Pushes FDA On 'De Facto' Vape Marketing Ban

A Fifth Circuit panel seemed leery of the U.S. Food and Drug Administration's claim that it had no de facto ban in place for flavored refillable e-cigarette products, saying Tuesday that denying hundreds of thousands of applications seemed an awful lot like a ban.
January 06, 2026
6 Key Rulings From Outgoing Del. Justice Karen L. Valihura

Soon-to-be-retiring Delaware Supreme Court Justice Karen L. Valihura carved her name deeply into First State corporate law jurisprudence over her dozen years on the bench, at a time of surging caseloads and intensifying political scrutiny of the business court where many of the country's largest corporate battles are waged.
January 06, 2026
Judge Hints Conn. Dentist's Press Release Claims Lack Teeth

A Connecticut appellate judge seemed to doubt Tuesday that a dentist had asserted clear constitutional claims against state officials who issued a press release about his $300,000 False Claims Act settlement, suggesting the case might actually sound in defamation.
January 06, 2026
Vape Interests Look To 5th Circ. To Halt Miss. E-Cig Law

A coalition of vaping interests is asking the Fifth Circuit to revive its lawsuit seeking to end a Mississippi law that blocks the sale of synthetic nicotine products, the same parties that are also moving forward with similar efforts at the Sixth Circuit.
January 06, 2026
Georgia Justices Uphold Murder Verdict, Merge Assault Count

The Georgia Supreme Court has largely upheld the murder conviction of a man found guilty of killing his mother in 2018, finding that his attorney didn't need to assert an insanity defense and that the man cannot also face a separate aggravated assault charge.

Editor's Picks

The Topics Appellate Attys Are Tracking Most Closely In 2026

A few far-reaching topics will dominate the appellate practice in 2026, attorneys predict, as appeals courts navigate an ever-growing thicket of Trump administration litigation and thorny questions involving artificial intelligence.
4 High Court Cases To Watch This Spring

The U.S. Supreme Court justices will return from the winter holidays to tackle several constitutional disputes that range from who is entitled to birthright citizenship to whether transgender individuals are entitled to heightened levels of protection from discrimination.
Circuit-By-Circuit Guide To 2025's Most Memorable Moments

Federal circuit courts in 2025 strained under a crush of Trump administration lawsuits, as judges directed animated language at litigants and even their fellow judges. And while the president only added a handful of appellate jurists, they had outsize impacts on circuit benches as they joined the cadre of conservatives seated in his first term.

Expert Analysis

Series

Law School's Missed Lessons: Intentional Career-Building

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

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

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

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

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

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

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

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

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

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

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

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

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

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

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.