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Appellate
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January 23, 2026
Lack Of Presuit Notice Sinks Med Mal Claims Against OB-GYN
A Florida appeals court on Friday reversed the denial of a motion to toss part of a medical malpractice suit against an obstetrician and his employer, finding that the husband who brought the suit over the wrongful death of his wife from a uterine tumor failed to give proper presuit notice.
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January 23, 2026
Ill. Doctor Keeps Trial Win Despite Juror's 'Surrender Note'
The Illinois Supreme Court left a physician's medical malpractice trial win intact on Friday despite a juror's "surrender" note stating the individual was siding with the defense only to end otherwise deadlocked deliberations, saying the trial court handled both the deadlock and the jury's postverdict polling correctly.
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January 23, 2026
2nd Circ. Judges Appear At Odds On Arbitration Ban's Reach
Two Second Circuit judges expressed oftentimes conflicting interpretations of the Ending Forced Arbitration of Sexual Assault and Sexual Harassment Act during a case hearing Friday, engaging in a lengthy debate hinged on what claims the arbitration shield can keep in court.
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January 23, 2026
Feds Appeal Ruling On ICE Detainee Bond Hearings
The government is appealing a Massachusetts federal court's finding that U.S. Immigration and Customs Enforcement detainees whom the agency apprehended in the state are entitled to a bond hearing.
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January 23, 2026
Ohio Panel Says No Expert Needed In Botched Surgery Suit
An Ohio appeals court on Friday reinstated a woman's malpractice claim against a hospital where she underwent spinal surgery, saying she didn't need an expert to address the alleged negligence of a staffer in handing the wrong tool to her surgeon.
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January 23, 2026
Intel Case Sets Up Justices To Tackle 401(k) Benchmarks
The U.S. Supreme Court's decision to take up a suit challenging target-date fund offerings in two Intel employee 401(k) plans gives benefits attorneys hope that clarity is coming on whether meaningful benchmarks are required to plead that investment underperformance breached fiduciary duties under federal benefits law.
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January 23, 2026
3rd Circ. Preview: Citizens Bank, Quest Fight Appeals In Jan.
The Third Circuit's January lineup will find Citizens Bank and Quest Diagnostics attempting to fight off bids from former employees to revive suits over their compensation.
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January 23, 2026
Voter Groups Ask To Renew Halt On Ga.'s Food & Water Ban
Voting rights groups asked a federal judge Thursday to reinstate an injunction against Georgia enforcing a ban on handing out food and water to voters in line outside of polling places, arguing a recent Eleventh Circuit opinion vacating the injunction didn't undermine any of their substantive arguments.
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January 23, 2026
Split 4th Circ. Sides With Feds In DHS Grant Termination Row
A split Fourth Circuit panel ruled Friday that a district court did not abuse its discretion in finding a challenge to the federal government's termination of a citizenship preparation grant program likely belongs in the U.S. Court of Federal Claims.
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January 23, 2026
Fed. Circ. Finds Tire Pressure Patent Invalid In $6.6M Case
The Federal Circuit on Friday ruled that a patent covering tire pressure monitoring was invalid for obviousness, overturning a jury verdict putting Autel Intelligent Technology Corp. Ltd. on the hook for $6.6 million that was overruled by a Texas federal judge for different reasons.
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January 23, 2026
Fla. Panel Says Court Properly Denied Acquittal In DUI Death
A Florida appeals court on Friday upheld manslaughter-related convictions for a man accused of driving drunk and killing another motorist with his vehicle, rejecting his argument that prosecutors didn't prove he was the operator of a truck that caused the wreck.
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January 23, 2026
Full 9th Circ. Won't Review Google Maps Antitrust Case
The full Ninth Circuit won't reconsider an appellate panel's recent decision refusing to revive a proposed antitrust class action alleging Google's terms suppresses competition by locking out rival maps products and jacking up developer costs up to 1,400%, according to a brief order issued Thursday.
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January 23, 2026
Embezzler's Legal Malpractice Claims Too Late, Court Says
A convicted embezzler who accused her attorneys of botching her defenses in criminal and civil cases cannot rely on a longer six-year statute of repose for breach of contract claims to overcome her delay in filing a legal malpractice case, an intermediate Massachusetts appellate court said Friday.
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January 23, 2026
Ex-Judge's Tax Issues Back License Revocation, Court Told
A North Carolina appeals court should uphold the suspension of a former state court judge's law license over alleged misconduct at his law firm and on the bench, the state bar said, arguing the disciplinary board acted within its power and had sufficient evidence to revoke his license.
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January 23, 2026
Ga. Med Mal Win Nixed Since Atty Juror Not Struck For Cause
The Georgia state appeals court has reversed a medical malpractice trial win for an OB/GYN, finding the trial court was wrong in not dismissing a potential juror who worked as an attorney for the doctor's medical insurer for cause, a ruling that led the former patient to use a peremptory strike to remove the lawyer from the panel.
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January 23, 2026
Insurer Must Cover Ga. Gas Co. Over Explosion, 7th Circ. Says
A Georgia gas company facing a lawsuit over its role in a gas line explosion counts as an additional insured under its subcontractors' excess insurance policy, a unanimous Seventh Circuit panel has ruled, upholding a lower court's decision.
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January 23, 2026
Iowa Justices Won't Revive Nursing Home COVID Death Suit
The Iowa Supreme Court on Friday declined to reinstate a suit against a nursing home alleging its negligence caused the death of a resident from COVID-19, saying the plaintiffs failed to put up evidence that would overcome immunity conferred by state law.
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January 23, 2026
Guardant Can Try Again To Nix Patent Tied To $83M Verdict
The Federal Circuit on Friday threw out a Patent Trial and Appeal Board decision finding Guardant Health couldn't show that a University of Washington DNA sequencing patent is invalid, sending the case back to the board for another look.
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January 23, 2026
1st Circ. Says Mass. Residents' Zoning Suit Lacks Standing
The First Circuit backed the dismissal of a suit filed by residents of a Massachusetts town who sued over the local planning board's proposed high-density multifamily zoning district, ruling that they lacked standing to sue.
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January 23, 2026
Ill. Justices Deem Permits 'Irrelevant' To Pollution Exclusion
Whether emissions are allowed under a permit is "irrelevant" when determining whether a commercial general liability policy's pollution exclusion applies to a claim made over those emissions, the Illinois Supreme Court ruled Friday.
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January 23, 2026
Ga. Atty Disbarred Over 'Warrantless' Suit, Bogus Fees
An Atlanta attorney has been disbarred by the Supreme Court of Georgia over charges that he filed a "warrantless" suit against a U.S. Department of Veterans Affairs guardian and charged his client a 40% fee for a couple of hours of work in forwarding a $200,000 check to him.
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January 23, 2026
7th Circ. OKs Chicago Teachers' Pension Fund Bias Suit Win
The Seventh Circuit on Wednesday affirmed the Chicago Teachers' Pension Fund's win in a former accountant's lawsuit claiming he was fired because he is a Black man in his 60s, holding that the lower court didn't err in finding that poor job performance led to his termination.
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January 23, 2026
7th Circ. Says Suit Over Veteran's Photo Is Time-Barred
The Seventh Circuit has declined to reinstate a military veteran's claims that a photo of him on patrol in Afghanistan was improperly licensed and sold as a poster by online retailers, saying the case is time-barred since the statute of limitations clock began when the photo was published and not when he discovered it.
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January 23, 2026
9th Circ. Revives Honduran Woman's Bid For Asylum
The Ninth Circuit has told immigration judges to reconsider their denial of a Honduran woman's bid for asylum and withholding of removal when evidence showed the Honduran government was unable or unwilling to protect her from a gang member partner's abuse.
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January 22, 2026
6th Circ. Won't Revive Ex-Detroit Worker's Race Bias Suit
The Sixth Circuit on Wednesday refused to reinstate a discrimination suit alleging the Detroit Water and Sewerage Department fired a Black female accountant because of her race, finding her performance reviews reflected continuous issues like missing work deadlines or making errors that took weeks to fix.
Expert Analysis
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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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.
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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.
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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.
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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.
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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.
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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.
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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.