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Appellate
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January 14, 2026
Supreme Court Rejects Cigar Maker's Appeal Over Atty Fees
The U.S. Supreme Court has declined to hear cigar maker Swisher International Inc.'s appeal in a long-running contractual and antitrust dispute with Trendsettah USA Inc., leaving intact a Ninth Circuit ruling that revived part of a jury verdict and more than $10 million in related attorney fee awards.
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January 14, 2026
Fed. Circ. Backs Google PTAB Win Over Voice Patent Claims
The Federal Circuit on Wednesday declined to restore claims in a pair of voice technology patents owned by a Wi-LAN subsidiary, backing Patent Trial and Appeal Board findings that Google showed they were invalid.
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January 14, 2026
Texas Justices Reject High Court Hopeful's Late Ballot Bid
The Texas Supreme Court has declined to order the state's Republican Party chair to certify an Austin, Texas, area attorney as a candidate for a seat on the court, finding that the party official is not required to accept an application amended after the filing deadline.
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January 14, 2026
Software Co. Loses Trade Secrets Appeal At 7th Circ.
The Seventh Circuit has refused to revive claims that an energy management services company stole trade secret information from an appointment booking software application and incorporated its features into a new platform.
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January 14, 2026
5th Circ. Says Ex-United Worker Sued IAM Unit Too Late
A former United Airlines customer service agent who says she was fired because of her continued need for work accommodations cannot sue her union for failing to take her wrongful discharge claim against the company to arbitration, a Fifth Circuit panel held, saying she missed her deadline to sue.
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January 14, 2026
Payscale Presses Del. Justices To Revive Noncompete Claims
The Delaware Supreme Court heard arguments Wednesday over whether the state's Chancery Court went too far in dismissing Payscale's lawsuit seeking to enforce an 18-month noncompete clause against a former sales executive, focusing on when a court may decide, at the outset of a case, that a restrictive covenant is unenforceable as written.
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January 14, 2026
Fla. Gov. Picks Appellate Judge For High Court Seat
Florida Gov. Ron DeSantis said Wednesday that he is appointing First District Court of Appeal Judge Adam Tanenbaum to the Florida Supreme Court to fill the seat vacated by Justice Charles Canady.
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January 14, 2026
4th Circ. Keeps Butterball's Win In Wage Dispute
A Butterball turkey catcher cannot revive his wage and hour claims because he was a piece-rate employee, the Fourth Circuit has ruled, agreeing with a North Carolina federal court that his state and federal law claims couldn't stand.
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January 14, 2026
Mich. Org.'s $1.3M Code Upgrades Not Covered, 6th Circ. Says
A religious organization cannot recoup an additional $1.3 million in coverage to bring a collapsed building up to code beyond the $100,000 sublimit for code compliance costs that its insurer already paid, the Sixth Circuit ruled, saying the organization failed to support its fraud and misrepresentation claims.
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January 14, 2026
High Court Says Candidate Has Standing In Ill. Ballot Case
The U.S. Supreme Court on Wednesday revived an Illinois congressman's suit challenging the state's policy of counting certain ballots after Election Day, finding that candidates for public office have standing to bring prospective challenges to election laws.
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January 14, 2026
Justices Decline To Double-Punish Gun Defendant
The U.S. Supreme Court ruled Wednesday that subjecting defendants to separate sentences stemming from a single deadly federal firearm offense is a constitutional violation, settling a seven-circuit split and clarifying the scope of the Fifth Amendment's double jeopardy clause.
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January 14, 2026
Justices Unanimously Uphold Warrantless Entry Standard
The U.S. Supreme Court on Wednesday unanimously upheld the objective reasonableness standard police must meet to enter a home without a warrant during a potential emergency, declining a petitioner's request to raise the bar.
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January 13, 2026
CoStar, Quinn Emanuel Spar Over Litigation Representation
CoStar urged a California federal judge Tuesday to disqualify Quinn Emanuel Urquhart & Sullivan LLP from helping a rival commercial real estate platform pursue antitrust counterclaims in CoStar's copyright infringement suit, while the law firm moved to drop its representation of CoStar in separate litigation.
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January 13, 2026
Wash. Officials Challenge 9th Circ.'s X Corp. Standing Ruling
A group of current and former Washington state officials urged the U.S. Supreme Court on Monday to review a man's proposed class action accusing X Corp., formerly known as Twitter, of violating a state telephone privacy law, telling justices that allowing the Ninth Circuit's ruling in the case to stand would erode state sovereignty and potentially lead to a circuit split.
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January 13, 2026
Teva Can't Visit 11th Circ. Ahead Of 1st Paragard Bellwether
A Georgia federal judge refused to delay the first bellwether trial in the Paragard IUD MDL, rejecting Teva's request for an immediate Eleventh Circuit appeal regarding a ruling allowing plaintiffs to use injury data that the drugmaker located only after implantation.
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January 13, 2026
Detroit Judge Urges Immunity In 6th Circ. Teen Arrest Appeal
A Michigan state court judge has asked the Sixth Circuit to grant him judicial immunity from a civil rights lawsuit brought against him by a teenager who was handcuffed and put through a "judicial-like" proceeding for falling asleep during a school trip to his courtroom.
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January 13, 2026
San Antonio Slams Tribal Church Rehearing Bid In 5th Circ.
San Antonio is fighting an attempt by two Native American church members to win a Fifth Circuit rehearing in a case over plans to restore a municipal park, saying a panel of the appeals court broke no new ground in its December opinion that would merit another look.
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January 13, 2026
Ark. Official Urges 7th Circ. Not To Revive Pharma Rule Fight
An Illinois federal judge correctly upheld an Arkansas insurance regulation designed to protect local pharmacies, the state's insurance commissioner told the Seventh Circuit on Monday, asking the court to toss a Teamsters healthcare plan's bid to renew its challenge to the regulation.
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January 13, 2026
Ill. Justices Mull COVID Screening Pay Under State Law
The Illinois Supreme Court should leave decades of understanding surrounding the statutory term "workweek" intact and rule that the state's minimum wage law incorporates federal limitations on compensable preliminary activities, as finding otherwise would revive a short-lived overtime regime Congress considered "disastrous," Amazon argued Tuesday.
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January 13, 2026
No Jury Yet In Goldstein Trial, But Celeb Witnesses Possible
Day two of jury selection in Tom Goldstein's tax and mortgage fraud case wrapped without a jury being seated Tuesday, but did reveal that the government could call celebrities Tobey Maguire and Kevin Hart to the stand.
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January 13, 2026
Battery Co. Urges 11th Circ. To Undo $20M Award In IP Feud
A battery charger company told the Eleventh Circuit on Tuesday that it should reverse a roughly $20 million award after a jury found it ran Amazon advertisements that infringed a rival's trademark, arguing it used a generic product description and didn't cause confusion among consumers.
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January 13, 2026
NC Tech Exec Urges 4th Circ. To Delay Sentence Amid Appeal
A North Carolina software executive convicted of failing to pay employment taxes has asked the Fourth Circuit to delay the start of his 366-day prison sentence while his appeal is pending before the court.
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January 13, 2026
Texas Appeals Panel Skeptical Pipeline Death Falls Under FAA
A Texas appeals panel seemed hesitant to buy Energy Transfer's argument that it can compel arbitration in a suit brought by the family of a man killed in a pipeline explosion, asking Tuesday whether the employee's work qualifies as interstate commerce and therefore falls outside the Federal Arbitration Act.
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January 13, 2026
2nd Circ. Hints Ex-Luxottica Worker Has ERISA Standing
Second Circuit judges sounded sympathetic Tuesday to the idea that a former Luxottica employee has standing to pursue changes to its defined benefit pension plan, expressing skepticism at the company's notion that her case is barred because she is seeking unavailable remedies.
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January 13, 2026
9th Circ. Limits Unpreserved Challenge Reviews To Plain Error
The en banc Ninth Circuit on Tuesday said it would no longer review unpreserved claims of legal error under a decades-old "pure question of law" exception to criminal rules of procedure, narrowing the court's purview to only plain error.
Expert Analysis
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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.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.