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Appellate Courts State and Local Government

Franczek P.C.

Illinois Appellate Court Clarifies When a FOIA Request Is “Received” If Quarantined by Email Security Software

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Takeaway: Public bodies should treat a FOIA request as “received” the moment it enters their email system, not when it is discovered after being quarantined, filtered, or otherwise delayed internally. To avoid missing...more

McDermott Will & Schulte

This Week in 340B: January 20 – 27, 2026

Find the week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick summary...more

Ballard Spahr LLP

Colorado Files Opposition to Plaintiffs’ Rehearing Petition in Opt-Out Litigation

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As we reported previously, a petition for rehearing en banc was filed by the plaintiff bank trade associations in National Association of Industrial Bankers v. Weiser. In that case, the panel’s 2-1 decision held that a loan...more

Moritt Hock & Hamroff LLP

MHH Condo/Co-op Digest, (February 2026)

This newsletter explores the emerging legal topics and issues affecting the condominium and cooperative services industry. Thought-leading attorneys from Moritt Hock & Hamroff’s Condominium and Cooperative Services Practice...more

Whiteford

Client Alert: Virginia Supreme Court Clarifies Sovereign Immunity – Whiteford Secures Win in Ellis v. Jolley

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On December 11, 2025, Whiteford’s Appellate Practice Co-Chairs, Michael Brady and Thomas DiStanislao, secured a decisive victory from the Supreme Court of Virginia in a decision clarifying the scope of the sovereign immunity...more

McDermott Will & Schulte

Federal question? You can’t hypothetically fair use your way into federal court

Addressing the limits of federal jurisdiction, the US Court of Appeals for the Sixth Circuit affirmed the dismissal of an action seeking a declaratory judgment that the fair use exception in federal copyright law required...more

Marshall Dennehey

Legal Update for Special Education Law – Updates from the U.S. Department of Education - January 2026

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PA Supreme Court Provides Flexibility to Municipal and School Boards under the Sunshine Act with Its Ruling in Coleman v. Parkland School District -Background - A dispute arose regarding the 2021 amendments to the...more

Fox Rothschild LLP

Districts May Use Different Transportation for Charter Students

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The state Supreme Court has ruled that school districts in Pennsylvania may provide different forms of free transportation to charter school students than they provide for the district’s own schools. In Bell v....more

Miller Starr Regalia

Third District Affirms Judgment Upholding American Canyon’s for EIR Industrial Warehouse Project and Related WSA Against Vallejo’s...

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In a published opinion filed January 14, 2026, the Third District Court of Appeal affirmed the Sacramento County Superior Court’s judgment denying the City of Vallejo’s (“Vallejo”) writ petition challenging the City of...more

Dickinson Wright

Late Applications for Leave to Appeal: Don’t Underestimate the Need to Explain the “Reasons for the Delay”

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Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more

Harris Beach Murtha

Court Holds NY IDAs May Finance Affordable Senior Housing Projects

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A recent decision by the New York Supreme Court Appellate Division - Second Department has cleared the way for industrial development agencies (IDAs) to provide financial assistance to affordable senior housing projects....more

Husch Blackwell LLP

Ohio Supreme Court Clarifies Meaning of Ultimate Destination for CAT

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Over the course of a few weeks, the Ohio Supreme Court has released a pair of decisions that offer guidance on how to determine the situs of gross receipts for purposes of calculating the Commercial Activity Tax (CAT) as well...more

Frantz Ward LLP

Jim Ickes Examines Growing Federal Conflict Over State Cannabis Markets

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Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those markets remain unsettled. One of the most significant unresolved questions is whether the Dormant...more

Lowenstein Sandler LLP

Environmental Justice Is Here To Stay (in New Jersey at Least): Appellate Division Affirms NJDEP’s EJ Rules

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The New Jersey Department of Environmental Protection’s (NJDEP) groundbreaking Environmental Justice Rules (EJ Rules), codified at N.J.A.C. 7:1C, went into effect on April 17, 2023, following the passage of New Jersey’s...more

Skadden, Arps, Slate, Meagher & Flom LLP

Algorithmic Pricing Decisions Have Favored Defendants, but the Law Will Continue to Evolve in 2026

Businesses increasingly turn to algorithms to inform their pricing strategies, and courts, antitrust enforcers and legislatures are moving rapidly to grapple with legal and policy implications....more

Hogan Lovells

Property tax reform – The “Third Rail” of New York City politics?

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Early in his inaugural address, New York City Mayor Zohran Mamdani pledged to fix ‘a long-broken property tax system,' which is by far the single largest tax the City has, accounting for 43 percent of all tax collections....more

Carlton Fields

Florida Appeals Court Decisions Week of January 12 - 16, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - No decisions this week... Florida Supreme Court - Tallahassee In re Fla R Civ P - amended rules - In re Fla R Civ P - more amended rules - In re R Reg Fla Bar - amended bar...more

Miller Starr Regalia

Clash of the “Super Statutes”:  First District Construes HAA’s Statutory Provisions Aimed at Disincentivizing CEQA Challenges to...

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The laudable efforts of the Legislature in adopting “super statutes” such as the Housing Accountability Act (“HAA”; Gov. Code, § 65589.5) notwithstanding, housing in California remains a scarce and precious commodity.  The...more

Baker Botts L.L.P.

SCOTX 2025 Year-End Update

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The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms....more

Snell & Wilmer

Ninth Circuit Invalidates California’s Urban Open-Carry Ban in Baird v. Bonta

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On January 2, 2026, the Ninth Circuit held that California’s near-statewide prohibition on open carry — applicable in counties with populations over 200,000 and covering roughly 95% of Californians — violates the Second...more

Cranfill Sumner LLP

North Carolina Court of Appeals Clarifies Research Exemption Through a Textualist Lens

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When it comes to statutory interpretation, punctuation and structure still matter. In US Right to Know v. University of North Carolina at Chapel Hill, the North Carolina Court of Appeals relied on the last-antecedent...more

Foley & Lardner LLP

Fifth Circuit Clears Path for Texas LNG Brownsville Terminal Construction

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The Fifth Circuit Court of Appeals on January 14, 2026 overruled  the petition of the South Texas Environmental Justice Network (STEJN) seeking to block final approval and construction of the LNG terminal proposed for the...more

Perkins Coie

Water District’s Groundwater Replenishment Charges were Unconstitutional Taxes Under Proposition 26

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The Court of Appeal affirmed rulings that a water district’s groundwater replenishment charges were unconstitutional “taxes” because the District failed to prove the cost-allocation requirement of Proposition 26’s...more

Perkins Coie

Foreclosure Does Not Eliminate Density Bonus Obligations: Court of Appeal Upholds Enforceability of Affordable Housing Agreements

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In Rodriguez v. City of Los Angeles, 116 Cal.App.5th 488 (2025), the Second District Court of Appeal held that a recorded density bonus agreement requiring long-term affordable housing survives a foreclosure sale. The court’s...more

Miller Starr Regalia

Third District Affirms Judgment Denying Validation of DWR Bonds to Finance Amorphously Defined “Delta Program” Conveyance...

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In a mostly published 43-page opinion filed December 31, 2025, the Third District Court of Appeal affirmed the trial court’s judgment in consolidated actions consisting of the Department of Water Resources’ (“DWR”) in rem...more

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