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Appellate
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January 26, 2026
Justices Nix 4th Circ. Ruling That Affirmed New Criminal Trial
The U.S. Supreme Court on Monday ditched a Fourth Circuit ruling that affirmed habeas corpus relief for a Maryland man convicted of attempted murder, saying the appeals court overstepped federal habeas limits by second-guessing a state court's decision.
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January 26, 2026
DOL Asks 3rd Circ. To Back Siemens' 401(k) Forfeiture Suit Exit
The U.S. Labor Department supported Siemens Corp.'s request that the Third Circuit affirm the dismissal of a proposed class action alleging the technology company's use of millions in forfeited 401(k) funds violated federal benefits law, agreeing with a lower federal court that the allegations reached beyond ERISA's scope.
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January 26, 2026
SVB Says FDIC Can't Claim Setoff In $1.9B Fight
The bankrupt parent of the failed Silicon Valley Bank on Monday made its case to the Second Circuit that the Federal Deposit Insurance Corp. lost the right to assert setoff arguments in a fight over $1.9 billion in bank funds by failing to make the argument in SVB's Chapter 11 case.
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January 26, 2026
Catching Up With Delaware's Chancery Court
The Delaware Chancery Court wrapped up the week with a slate of high-stakes deal challenges, governance rulings and oversight decisions, including an emergency bid to block a $10.9 billion bank merger, a state Supreme Court reversal reshaping stockholder agreement litigation and a major opinion allowing sexual misconduct oversight claims to proceed.
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January 26, 2026
High Court Won't Review Social Security Judge's Removal
The U.S. Supreme Court declined Monday to review a Federal Circuit decision upholding the removal of a Georgia-based Social Security judge who was accused of on-the-job misconduct and shoddy work.
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January 26, 2026
High Court Kicks Restitution Case Back To Mich. Justices
The U.S. Supreme Court on Monday ordered the Michigan Supreme Court to rethink ordering a man convicted of murder to pay the victim's funeral expenses under a restitution law enacted years after the slaying.
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January 26, 2026
Supreme Court To Define 'Consumer' Under Privacy Law
The U.S. Supreme Court on Monday agreed to consider what criteria consumers need to meet in order to sue under the federal Video Privacy Protection Act, accepting a challenge to a ruling that said a Paramount digital newsletter subscriber could not bring a lawsuit.
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January 23, 2026
Ill. High Court OKs Police Force Evidence In Defense Cases
The Illinois Supreme Court on Friday ordered state trial courts to consider allegations of police use of excessive force when deciding whether to provide a self-defense jury instruction in police battery cases.
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January 23, 2026
Kenvue Unit Asks Justices To Clarify Class Cert. Expert Rules
A unit of consumer health products company Kenvue has urged the U.S. Supreme Court to hear its class certification challenge in litigation over Neutrogena's "oil-free" face wash labels, arguing circuit courts are "openly and intractably" divided over whether expert testimony must be admissible for certification and the split has "immense practical consequences."
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January 23, 2026
DC Circ. Revives Terrorism Liability Suit Against Pharma Cos.
A D.C. Circuit panel revived a lawsuit Friday accusing pharmaceutical companies of aiding a Hezbollah-linked militia's terrorism in Iraq, saying the victims behind the case have adequately alleged that the companies' participation was conscious and voluntary.
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January 23, 2026
High Court Unlikely To Walk Back MLB's Antitrust Privilege
Baseball's status as the lone sport exempt from federal antitrust laws is likely to evade U.S. Supreme Court scrutiny, with legal experts saying that only an extraordinary challenge could make justices even consider it.
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January 23, 2026
Feds' Wind Farm National Security Claim Faces Skepticism
Federal courts aren't buying the Trump administration's argument that construction of offshore wind farms should be halted for national security reasons, with some judges suggesting that the government isn't making its claim in good faith.
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January 23, 2026
6th Circ. Won't Revive Bread Financial Investors' Suit
The Sixth Circuit won't resuscitate investor claims against the company now known as Bread Financial Holdings Inc., finding that the suit didn't show how shareholders were misled or defrauded leading up to a corporate spin-off that ended in bankruptcy.
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January 23, 2026
Conn. High Court Snapshot: $13.2M Estate Tax Tops January
The state of Connecticut's attempt to collect $13.2 million in taxes from the estate of a healthcare executive and a hospital's potential liability for releasing a mental health patient who later killed his girlfriend are two of the top cases on the Connecticut Supreme Court's January and February docket. Here are the highlights of the court's fourth term of its 2025-2026 season.
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January 23, 2026
Med Mal Verdict Must Be Offset By Other Deal, Panel Says
An Illinois state appeals court has ruled that an urgent care center found liable at trial for medical negligence was entitled to have the $2.92 million verdict reduced by the amount its co-defendants agreed to pay in a high-low deal reached just before the verdict was reached.
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January 23, 2026
Supreme Court Caseload Hits 160-Year Low
Not since the Civil War has the U.S. Supreme Court heard oral arguments in as few cases as it will this term — the latest milestone for the court's shrinking docket, and one attorneys say might have more to do with the high court's culture than its expanding emergency appeals caseload.
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January 23, 2026
DC Circ. Backs FERC In Oil Pipeline Pricing Dispute
The D.C. Circuit on Friday denied a petition challenging the method used by the Federal Energy Regulatory Commission to determine the value of oil flowing through an Alaskan pipeline, finding the agency correctly considered inflation and other factors.
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January 23, 2026
Calif. Urges 9th Circ. To Block Sable Pipeline Permit
California Attorney General Rob Bonta on Friday asked the Ninth Circuit to shut down the Trump administration's emergency approvals for Sable Offshore Corp.-owned onshore pipelines, calling it another "unlawful power grab" that violates the Administrative Procedure Act.
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January 23, 2026
High Court's Med Mal Ruling Won't Spark Rise In Suits
The U.S. Supreme Court's recent ruling that a Delaware medical malpractice statute can't be enforced in federal court won't cause a noticeable rise in cases, experts said, but it could lay the groundwork for other cases involving conflicting procedural state laws.
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January 23, 2026
4th Circ. Maroons Copyright Fight Over Pirate Ship Pics
The Fourth Circuit on Friday relieved for good North Carolina's government from a long-running copyright infringement suit over photos and videos of a famous pirate shipwreck, saying a lower court was wrong to revive the claims in the case, which at one point went to the U.S. Supreme Court.
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January 23, 2026
Fla. Judge Stresses Need For Selective Publication System
A Florida appellate judge has strongly criticized the lack of a selective publication system for the state's appeals courts, which he said creates an overreliance on unsigned per curiam decisions that can lead to inconsistent applications of law across the state.
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January 23, 2026
Ill. High Court Won't Grant Posthumous Innocence Certificate
The Illinois Supreme Court denied a posthumous certificate of innocence for a man who spent over two years in prison for drug charges due to Chicago police corruption, finding Friday that the certificate is a "personal statutory right" that cannot survive the petitioner's death.
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January 23, 2026
$7B Grain Belt Power Line Project Can Move Forward In Ill.
The Illinois Supreme Court on Friday allowed Grain Belt Express LLC to move forward with plans to stretch a high-voltage direct current transmission line across nine southern Illinois counties as part of a $7 billion power supply project, reversing a lower court that said the company behind the project hadn't properly shown that it could finance it.
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January 23, 2026
DC, States Back Flowers Foods Driver In High Court Arb. Case
Whether a worker qualifies for an arbitration exemption depends on what they do, not on the legal structure of their work, 14 states and the District of Columbia told the U.S. Supreme Court, backing a driver for Flowers Foods seeking to keep his wage suit out of arbitration.
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January 23, 2026
10th Circ. Asked To Overturn Mail Scam Fraud Convictions
Two former Epsilon Data Management LLC employees convicted for their roles in selling data to mail scammers who preyed on the elderly and vulnerable asked the Tenth Circuit to overturn their convictions Friday, while the panel questioned the government's conspiracy case against Epsilon's former business manager.
Expert Analysis
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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.
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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.