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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.
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January 15, 2026
Texas Justices Seem Open To Nixing Roofer's $4M Verdict
The Texas Supreme Court seemed skeptical of a worker's claim that evidence of his consumption of a beer and half a joint six hours before he fell off a roof should not have gone before a jury, hinting Thursday that the contractor being sued may win its bid for a new trial.
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January 15, 2026
Calif. Justices Order Prosecutors To Explain Alleged AI Errors
The California Supreme Court has ordered Nevada County prosecutors to explain to a lower court why they shouldn't be sanctioned for "apparent serial submission" of artificial intelligence-generated briefs with nonexistent legal citations in multiple criminal proceedings.
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January 15, 2026
7th Circ. Backs $22M Restitution For Convicted Fraudster
The Seventh Circuit on Wednesday affirmed a lower court's order that a man convicted of a fraudulent investment scheme causing investors to lose roughly $23 million must fork over $21.6 million in restitution, finding he had waived his challenge to the amount the district judge credited for what had already been recovered.
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January 15, 2026
5th Circ. Rejects Challenge To Texas LNG Construction Delay
The Fifth Circuit greenlighted work on a liquefied natural gas terminal in the Port of Brownsville, Texas, saying state regulators followed the correct rule when granting a third construction deadline extension for the project.
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January 15, 2026
Pittsburgh Post-Gazette Loses 3rd Circ. Appeal In CBA Fight
The Pittsburgh Post-Gazette has lost its latest bid to duck an injunction compelling it to restore its 2014-17 collective bargaining agreement, with the full Third Circuit refusing to reconsider a panel's decision to issue the injunction in 2025.
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January 15, 2026
8th Circ. Finds Insurer Must Face Loss-of-Consortium Claim
The Eighth Circuit on Wednesday overturned a lower court ruling favoring Auto-Owners Mutual Insurance Company, finding that the wife of an insured driver injured in a car crash may be able to file separate insurance claims for loss-of-consortium damages.
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January 15, 2026
4th Circ. Denies Former CEO's Bid To Delay Prison Term
A former software executive found guilty of failing to pay employment taxes reported to prison Thursday after the Fourth Circuit denied his emergency request for a delay of his yearlong sentence while he fights his conviction.
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January 15, 2026
Sheep Grazing Won't Make Solar Farm Agriculture, Court Says
A proposed 25-acre solar facility can't be built in a Lancaster County agricultural zone because the planned inclusion of sheep grazing among the panels did not transform the whole project into a farm, a Pennsylvania appellate panel ruled Thursday.
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January 15, 2026
Mass. Court Lets Insurer Off Hook For Grandson's Judgment
A grandmother's financial support doesn't trump other factors in determining whether her adult grandson is a member of her household for insurance purposes, Massachusetts' intermediate-level appeals court said on Thursday, reversing an order that Arbella Mutual Insurance Co. cover a personal injury settlement.
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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
3rd Circ. Finds Khalil Can Be Detained Again
The Third Circuit on Thursday vacated a series of New Jersey federal court orders that halted the removal of a former Palestinian graduate student and had ordered his release from immigration detention.
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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.
Editor's Picks
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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.
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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.
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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
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Series
Calif. Banking Brief: All The Notable Legal Updates In Q4
The regulatory and litigation developments for California financial institutions in the fourth quarter of 2025 were incremental but consequential, with the Department of Financial Protection & Innovation relying on public enforcement actions to articulate expectations, and lawmakers and privacy regulators playing a role as well, says Stephen Britt at Stinson.
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Series
Fly-Fishing Makes Me A Better Lawyer
Much like skilled attorneys, the best anglers prize preparation, presentation and patience while respecting their adversaries — both human and trout, says Rob Braverman at Braverman Greenspun.
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4 Ways GCs Can Manage Growing Service Of Process Volume
As automation and arbitration increase the volume of legal filings, in-house counsel must build scalable service of process systems that strengthen corporate governance and manage risk in real time, says Paul Mathews at Corporation Service Co.
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IP Appellate Decisions Show 4 Shifts In 2025
In 2025, intellectual property decisions issued by the Ninth, D.C., and Federal Circuits trended toward tightening doctrinal boundaries, whether to account for technological developments in existing legal regimes, or to refine areas with some ambiguity, says Nate Sabri at Perkins Coie.
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Series
The Law Firm Merger Diaries: Forming Measurable Ties
Relationship-building should begin as early as possible in a law firm merger, as intentional pathways to bringing people together drive collaboration, positive client response, engagements and growth, says Amie Colby at Troutman.
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Wrangling Over 'Good Faith' In Texas Commodity Contracts
As winter storm season brings fluctuating natural gas prices and ensuing price disputes, parties to gas and other commodity contracts face a question with few answers in Texas case law: how much buyers or sellers can reduce contractual requirements or outputs on a good faith basis, say attorneys at Jackson Walker.
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A Look At EEOC Actions In 2025 And What's Next
President Donald Trump issued several executive orders last year that reshaped policy at the U.S. Equal Employment Opportunity Commission, and with the administration now controlling a majority of the commission, the EEOC may align itself fully with orders addressing disparate impact and transgender issues, say attorneys at Jones Day.
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Del. Dispatch: What Tesla Decision Means For Exec Comp
The recent Delaware Supreme Court decision granting Tesla CEO Elon Musk his full pay, now valued at $139 billion, following a yearslong battle appears to reject the view that supersized compensation may be inherently unfair to a corporation and its shareholders, say attorneys at Fried Frank.
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6 Issues That May Follow The 340B Rebate Pilot Challenge
Though the Health Resources and Services Administration withdrew a pending case to reconsider the controversial 340B rebate pilot program, a number of crucial considerations remain, including the likelihood of a rework and questions about what that rework might look like, say attorneys at Spencer Fane.
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5 E-Discovery Predictions For 2026 And Beyond
2026 will likely be shaped by issues ranging from artificial intelligence regulatory turbulence to potential evidence rule changes, and e-discovery professionals will need to understand how to effectively guide the responsible and defensible adoption of emerging tools, while also ensuring effective safeguards, say attorneys at Littler.
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What's On Deck In Tribal Nations' Prediction Markets Litigation
Native American tribes' response to the expansion of sports-based prediction markets enters a decisive phase this year, with appellate courts positioned to address whether federal commodities law permits nationwide offering of sports-based event contracts free from state and tribal gaming regulation, say attorneys at Holland & Knight.
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SEC Virtu Deal Previews Risks Of Nonpublic Info In AI Models
The U.S. Securities and Exchange Commission’s recent settlement with Virtu Financial Inc. over alleged failures to safeguard customer data raises broader questions about how traditional enforcement frameworks may apply when material nonpublic information is embedded into artificial intelligence trading systems, says Braeden Anderson at Gesmer Updegrove.
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Series
Judges On AI: How Courts Can Boost Access To Justice
Arizona Court of Appeals Judge Samuel A. Thumma writes that generative artificial intelligence tools offer a profound opportunity to enhance access to justice and engender public confidence in courts’ use of technology, and judges can seize this opportunity in five key ways.
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Fed. Circ. In November: Looking For Patent 'Blaze Marks'
The Federal Circuit's recent decision in Duke v. Sandoz serves as a warning that when patentees craft claims, they must provide adequate "blaze marks" that direct a skilled artisan to the specific claimed invention, and not just the individual claimed elements in isolation, say attorneys at Knobbe Martens.
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Examining Privilege In Dual-Purpose Workplace Investigations
The Sixth Circuit's recent holding in FirstEnergy's bribery probe ruling that attorney-client privilege applied to a dual-purpose workplace investigation because its primary purpose was obtaining legal advice highlights the uncertainty companies face as federal circuit courts remain split on the appropriate test, say attorneys at Proskauer.