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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 08, 2026
Alito Recuses From Chevron, Exxon Coastal Pollution Case
U.S. Supreme Court Justice Samuel Alito on Thursday recused himself from considering Chevron and ExxonMobil's effort to place Louisiana pollution lawsuits stemming from the companies' World War II-era production in federal court, just days before the justices hear oral arguments in the case.
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January 08, 2026
Comcast Wants Full Fed. Circ. To Rethink Transfer Denial
Comcast said Thursday that the full Federal Circuit should review a December panel decision that shot down its bid to overturn an Eastern District of Texas judge's decision declining to transfer an infringement suit the telecom behemoth is facing to the Eastern District of Pennsylvania.
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January 08, 2026
Colo. City's Urban Renewal Suit Dismissal Upheld
A Colorado Court of Appeals panel found Thursday that a lower court was correct to dismiss a complaint as moot against the city of Loveland from a group of citizens and former council members alleging the City Council at the time voted on an urban renewal plan without approval from voters.
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January 08, 2026
New Assistant AG For Fraud Will Report To White House
Vice President JD Vance announced on Thursday the creation of a new assistant attorney general role for fraud, which will be overseen by him and the president.
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January 08, 2026
Mass. Court Affirms DQ Of Pot Shop Lawyer
An intermediate appellate court in Massachusetts on Thursday affirmed the disqualification of an attorney who sought to represent both an LLC seeking to open a cannabis dispensary and one of its members in a dispute with the other member.
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January 08, 2026
3rd Circuit Upholds 24-Year Drug, Fraud Sentence
A Third Circuit panel on Thursday upheld a roughly 24-year prison sentence imposed on a Pennsylvania man convicted of marijuana trafficking and wire fraud, rejecting arguments that the trial judge improperly relied on acquitted conduct, overstated the man's leadership role and imposed an excessive punishment.
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January 08, 2026
Courts Back Agencies Despite Loper Bright Ruling, DOJ Says
Appellate courts have mostly upheld federal agencies' interpretation of ambiguous statutes, including tax disputes, even after the U.S. Supreme Court's 2024 landmark decision that limited agency deference, a U.S. Department of Justice attorney said Thursday.
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January 08, 2026
5th Circ. Pushes TSA On $48M Refund Fine Against Southwest
A Fifth Circuit judge laughed aloud at the Transportation Security Administration's statement that it lacks the capacity to refund a security service fee to millions of passengers, questioning Thursday why Southwest Airlines Co. should get dinged with a $48 million fine for failing to refund the fee to some passengers.
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January 08, 2026
6th Circ. Says Immunity Dooms Mich. Farm's Zoning Fight
The Sixth Circuit will not revive a Michigan couple's lawsuit against their township related to a heated dispute over zoning approvals for selling cider and hosting events at their farm, saying the farm owners have not shown the local officials should be stripped of their qualified immunity.
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January 08, 2026
Virginia Justices Order New Trial In $2B Trade Secrets Case
The Virginia Supreme Court on Thursday upheld a state appellate court decision that vacated Appian Corp.'s $2 billion trade secrets award against software competitor Pegasystems Inc., saying the decision correctly ordered a new trial because errors from the trial judge led to the biggest jury award in Virginia history.
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January 08, 2026
NC Wins Appeal To Use Smithfield Funds For Enviro Grants
The North Carolina Attorney General's Office can continue putting money from a decades-old hog waste agreement toward environmental grants, a state appeals court panel ruled, overturning a lower court order earmarking the money exclusively for public schools.
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January 08, 2026
3rd Circ. Rules Hotel Room Searches After Checkout Are Legal
The Third Circuit on Thursday ruled that hotel guests are not entitled to a reasonable expectation of privacy after checking out, rejecting an appeal from a man arrested after hotel staff notified police that they found drugs in his room.
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January 08, 2026
Mich. Man Can Seek New Trial In Murder Case, Panel Says
A Michigan state appellate court has ruled that a lower court erred in rejecting eyewitness statements that a man convicted of murder 25 years ago sought to introduce in his case, finding the evidence was newly discovered and merits review.
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January 08, 2026
Fed. Circ. Backs Trade Court's Rejection Of Cheaper Duty Bid
A Federal Circuit panel on Thursday affirmed a U.S. Court of International Trade judge's determination that a Christmas ornament seller imported its Chinese-made goods to Canada with the intention of selling them in the U.S. and therefore isn't entitled to a cheaper duty rate.
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January 08, 2026
Chancery Lifts Stay In Ukraine's PrivatBank Bogus Loan Suit
Saying that "it is now clear this case must proceed at some point," a Delaware vice chancellor on Thursday lifted a four-year-long hold on a Ukrainian bank's six-year-old suit accusing two oligarchs and others of lining up billions in fraudulent loans that that funneled — or "recycled" — hundreds of millions into real estate investments in the United States.
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January 08, 2026
Yankees Slugger Wins TM Battle Over 'Judge' Slogans
The Federal Circuit has blocked a Long Island man from registering trademarks for judicial-themed slogans that had already been used by New York Yankees star Aaron Judge, upholding a Trademark Trial and Appeal Board decision in the slugger's favor.
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January 08, 2026
Pa. Board Can't Review Court Firing Over 'FAFO' Freebies
The Pennsylvania Labor Relations Board lacks jurisdiction to review an Adams County probation officer's firing over passing out stress balls with the irreverent acronym "FAFO" on them, since it did not fit a narrow union-related exemption to the courts' broad authority over their employees, a state appellate court said Thursday.
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January 08, 2026
Fed. Circ. Affirms Intel, Dell Wins Over Graphics Patents
The Federal Circuit on Thursday backed a series of Patent Trial and Appeal Board decisions that claims in a pair of 3D Surfaces LLC's 3D graphics processing patents were obvious, handing wins to challengers Dell and Intel.
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January 08, 2026
PLLCs Ineligible To Serve As Trustees In NC, Court Finds
A North Carolina appeals court ruled Wednesday that a law firm organized as a professional limited liability company cannot serve as trustee of a trust or executor of a will without being explicitly authorized to do so under state law.
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January 08, 2026
Ga. Panel Orders New Fee Calculation Against Attorney
The Georgia Court of Appeals said a trial court shouldn't have imposed a $50,500 lump sum legal fee award against an attorney who brought a frivolous suit on behalf of his clients, sending the case back for the lower court to do the appropriate award calculations.
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January 08, 2026
9th Circ. Revives Investor Suit Over Webinar Co.'s IPO
A unanimous Ninth Circuit panel revived a proposed investor class action over webinar-software company ON24's initial public offering, finding that claims the company misled investors by warning about risks that were already occurring could proceed.
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January 08, 2026
Vicor's Patent Defense Faces Skepticism In SynQor Case
Electronics company Vicor's claims that it couldn't have shown "willful blindness" of SynQor's power converter technology patent that a jury said it infringed met with some skepticism from a panel of Federal Circuit judges, who pointed out that Vicor's CEO himself said that he didn't look at the patent.
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January 08, 2026
Cracker Barrel Servers Tell Justices To Avoid Collective Row
Cracker Barrel servers urged the U.S. Supreme Court not to take up the restaurant's chain's bid to review evidentiary standards used to authorize collective action notices, arguing that no circuit split exists because the Ninth Circuit ruled on the permissibility of a two-step certification process and not required showings for notice authorization.
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January 08, 2026
NJ Panel Backs Atty's Defamation Suit Against GOP
A New Jersey appellate panel refused Thursday to short‑circuit a Garden State municipal attorney's defamation suit against a slate of Republican candidates and their campaign committee, holding that the state's new anti‑SLAPP statute does not entitle the defendants to early dismissal or fees because key factual disputes require discovery.
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January 08, 2026
Mass. Justices Affirm Murder Verdict But Order Shot At Parole
Massachusetts' highest court said Thursday that a man convicted of murdering his girlfriend could not get a new trial on the basis that he was diagnosed with schizophrenia several years after the killing, but was entitled to a chance at parole because he was under 21 at the time.
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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ERISA Litigation Trends To Watch With 2025 In The Rearview
There were significant developments in Employee Retirement Income Security Act litigation in 2025, including plaintiffs pushing the bounds of sponsor and fiduciary liability and defendants scoring district court wins, and although the types of claims might change, ERISA litigation will likely be just as active in 2026, say attorneys at Groom Law.
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2025's Defining AI Securities Litigation
Three securities litigation decisions from 2025 — involving General Motors, GitLab and Tesla — offer a preview of how courts will assess artificial intelligence-related disclosures, as themes such as heightened regulatory scrutiny and risk surrounding technical claims are already taking shape for the coming year, say attorneys at Cooley.
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How 11th Circ.'s Zafirov Decision Could Upend Qui Tam Cases
Oral argument before the Eleventh Circuit last month in U.S. ex rel. Zafirov v. Florida Medical Associates suggests that the court may affirm a lower court's opinion that the qui tam provisions of the False Claims Act are unconstitutional — which could wreak havoc on pending and future qui tam cases, say attorneys at Morgan Lewis.
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3 DC Circ. Rulings Signal Shift In Search And Seizure Doctrine
A trio of decisions from courts in the District of Columbia Circuit, including a recent order compelling prosecutors to return materials seized from James Comey’s former attorney, makes clear that continued government possession of digital evidence may implicate the Fourth Amendment, says Gregory Rosen at RJO.
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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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.