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Featured
In First Year, Trump Lost Most Cases But Often Won Appeals
In the first year of President Donald Trump's second term, his administration lost in court nearly twice as often as it won, but its success rate increased when it appealed, according to a Law360 review of more than 400 lawsuits.
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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.
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January 22, 2026
Calif. Court Sides With Tenants In Background Check Suit
A California appellate court on Wednesday issued a landmark opinion partially resurrecting a suit accusing a Los Angeles-area landlord of illegally refusing to share various background check information with rental applicants, finding that tenants do have standing to sue under California law even if they haven't suffered any actual damages.
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January 22, 2026
Pizzeria Owner Can't Beat 8-Year Sentence For Forced Labor
The First Circuit on Wednesday refused to vacate a Boston-area pizzeria chain owner's forced labor convictions and an 8½-year prison sentence, finding adequate evidence to back the jury's findings and no error in how the court calculated his sentence.
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January 22, 2026
DC Circ. Presses Feds To Justify Military Trans Ban
A D.C. Circuit judge pressed the government on Thursday to justify a policy that effectively bars transgender people from serving in the military, questioning why Secretary of Defense Pete Hegseth imposed a more stringent policy than the first Trump administration did.
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January 22, 2026
6th Circ. Revives Law Firm Worker's Anthem Coverage Fight
Anthem Blue Cross Blue Shield's decision denying coverage for a law firm employee's son to continue receiving residential mental health treatment was arbitrary and capricious, the Sixth Circuit ruled Thursday, saying the insurer needs to carry out a "full and fair review of the requested coverage."
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January 22, 2026
10th Circ. Should Deny Interest 'Opt-Out' Rehearing, Colo. Says
Colorado pushed back against calls for the Tenth Circuit to grant a full court rehearing of a challenge to the state's "opt-out" law on interest rates, arguing that a recent panel decision upholding the law does not merit review by the full appeals court.
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January 22, 2026
Prosecutors Seek Retrial In Killing of NBA Star's Grandfather
The state of North Carolina has asked a state appeals court to undo the acquittal of two men who were found to have been wrongly convicted of murder and robbery in the death of the grandfather of NBA star Chris Paul in 2002, arguing the men should instead be given a retrial.
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January 22, 2026
Debt Collector Takes Computer Fraud Ruling To High Court
A debt collection agency asked the U.S. Supreme Court on Thursday to pause a Third Circuit decision that found an ex-employee's sharing of a password spreadsheet didn't make for a case under the Computer Fraud and Abuse Act, saying the appeals court improperly narrowed the scope of the statute.
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January 22, 2026
Panel Pushes Ex-Texans CEO's Son On Probate Jurisdiction
A Texas appeals court on Thursday pushed the son of deceased billionaire and Houston Texans founder Robert McNair to explain why a probate court has no jurisdiction over claims that he surreptitiously placed poison pill agreements into the companies he ran.
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January 22, 2026
Payday Lender Tells 2nd Circ. Atty's Conflict Marred Trial
A former payday lending executive and race car driver convicted of running a fraudulent $2 billion lending scheme urged the Second Circuit on Thursday to grant him a new trial, in light of his trial counsel's criminal exposure stemming from another client's blackmail scheme.
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January 22, 2026
Goldstein Prosecutors Unveil Conflicting Cash Source Claims
A former lawyer at SCOTUSblog founder Thomas Goldstein's firm said Thursday that Goldstein told coworkers that the more than $960,000 in cash he brought off a flight from Hong Kong — the source of which is integral to the government's case — had come from a client.
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January 22, 2026
Transportation Cases To Watch In 2026
Clashes over the scope of federal preemption in personal injury cases involving freight brokers and motor carriers, the Trump administration's gutting of Biden-era vehicle emissions standards and cuts to states' transportation and infrastructure funding are among the court battles that transportation attorneys are monitoring in 2026.
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January 22, 2026
Docs Ask NJ Justices To Send Allstate RICO Case To Arbitration
Medical providers facing a racketeering suit from Allstate units pressed the New Jersey Supreme Court on Thursday to compel the insurers to arbitrate even large-scale fraud and racketeering claims tied to personal injury protection benefits under the state's no-fault statute, as the justices questioned whether that was feasible.
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January 22, 2026
Call To End Prosecution Laches Rejected By Full Fed. Circ.
The full Federal Circuit on Thursday rejected prolific inventor Gilbert Hyatt's rehearing petition asking the court to abolish the doctrine of prosecution laches, which can render a patent unenforceable based on delays by the owner during the application process.
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January 22, 2026
Fed. Circ. Says Livestream Patent In Google Suit Is Abstract
A Federal Circuit panel on Thursday agreed with a Washington federal court's conclusion that a livestreaming patent asserted against Google covers a patent-ineligible abstract idea, finding the relevant claims were too "result-oriented."
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January 22, 2026
Full 5th Circ. Weighs Order Blocking Texas Migrant Arrest Law
The full Fifth Circuit pushed multiple immigrants' rights organizations to explain why a Texas law allowing the state to arrest unauthorized immigrants could not stand, asking Thursday where it says in the U.S. Constitution immigrants have a right to file for asylum.
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January 22, 2026
Pa. Justices Say Chester Can't Move Utility Assets Alone
The Supreme Court of Pennsylvania has declared that the city of Chester lost the ability to single-handedly reclaim the assets of its water utility when the composition of the authority's board changed.
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January 22, 2026
Proposed Subpoena Rule Change Raises Victim Privacy Fears
A proposal to loosen restrictions on the use of federal criminal subpoenas would endanger and further traumatize victims of crime, most of whom lack legal representation to fight the invasive demands, victims' rights advocates told a federal rules advisory committee on Thursday.
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January 22, 2026
6th Circ. Clears 911 Dispatch Of Failure To Stop Murder
Michigan county dispatchers can't be held responsible for the murder of a man by his mentally ill son, the Sixth Circuit ruled Thursday, finding that although the son told 911 he "might do something bad" an hour before the killing, the agency's "failure to act does not suffice."
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January 22, 2026
7th Circ. Says Mower-Maker Toro Must Face Amputation Suit
The Seventh Circuit on Wednesday reversed a win for The Toro Co. in a suit brought by a woman who lost a leg in an incident with a riding lawn mower, finding that one of her experts should be allowed to testify about brakes.
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January 22, 2026
Judge Recommends Toss Of Ex-Deputy's Political Firing Suit
A Georgia federal judge has recommended tossing a former metropolitan Atlanta deputy sheriff's suit alleging he was forced to resign because he supported the sheriff's 2024 election opponent, while also urging sanctions against the deputy's attorney for citing nonexistent cases and misstating the law.
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January 22, 2026
Bally's Casino Beats Bartenders' Age Bias Suit Appeal
A New Jersey appellate court on Thursday upheld dismissal of claims accusing Bally's Atlantic City Hotel & Casino of preventing unionized bartenders from working at a new casino bar because of their age, finding that the claims fail to show a discriminatory motive for the bar's hiring decisions.
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January 22, 2026
5th Circ. Won't Restore Plastics Co.'s $75M IP Jury Award
The Fifth Circuit is standing behind a lower court's decision throwing out a verdict of more than $75 million that plastics manufacturer Trinseo Europe GmbH won in a suit accusing a former Dow Chemical Co. employee and Kellogg Brown & Root LLC of swiping trade secrets.
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January 22, 2026
Merck Can't Get Fed. Circ. To Reconsider Axing MS Drug Patents
The Federal Circuit on Thursday refused to reconsider decisions invalidating Merck KGaA patents on the blockbuster multiple sclerosis drug Mavenclad, turning aside the German drugmaker's claim that the court set an unjust new rule that means inventors' work can later be used against them.
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January 22, 2026
Poland Faces $40M Award Revival Bid In DC Circ.
Mercuria Energy Group urged the D.C. Circuit on Thursday to revive the Cypriot commodities trader's bid to enforce a since-annulled $40 million arbitral award against Poland, saying the United States' commitment to its arbitration-related treaty obligations is at stake.
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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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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How Mediation Can Lead To Better Environmental Settlements
The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.
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4th Circ. Class Ruling Complicates Data Breaches For Biz
The Fourth Circuit’s recent exclusion of data-breach victims from a putative class because their stolen information had not been made public further complicates how businesses should manage risk and incident response amid a growing circuit split over related questions of standing, says Brandon Hollinder at Epiq.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.
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Navigating Privilege Law Patchwork In Dual-Purpose Comms
Three years after the U.S. Supreme Court declined to resolve a circuit split in In re: Grand Jury, federal courts remain split as to when attorney-client privilege applies to dual-purpose legal and business communications, and understanding the fragmented landscape is essential for managing risks, say attorneys at Covington.
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AI-Driven Harassment Poses New Risks For Employers
Two recent cases show that deepfakes and other artificial intelligence‑generated content are emerging as a powerful new mechanism for workplace harassment, and employers should take a proactive approach to reduce their liability as AI continues to reshape workplace dynamics, say attorneys at Littler.
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9th Circ. Copyright Ruling Highlights Doubts On Intrinsic Test
Two concurring opinions in Sedlik v. Von Drachenberg may mark an inflection point in the Ninth Circuit's substantial-similarity jurisprudence, inviting copyright litigants to reassess strategy as the court potentially shifts away from the intrinsic test, say attorneys at Troutman.
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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.