Verdict . News

Third Circuit Court of Appeals

3rd Circuit Affirms Against Twice-Disbarred Pennsylvania Lawyer

The U.S. Court of Appeals for the Third Circuit affirmed a lower court decision against John Kerr, a Pennsylvania attorney with a history of criminal convictions and disciplinary violations. Kerr was previously convicted of over 100 crimes including bribery while serving in the Pennsylvania Auditor General's office.

•Third Circuit affirmed district court decision against John Kerr, who was convicted of over 100 crimes including bribery while working in Pennsylvania Auditor General's office

•Kerr was disbarred in 1988, served 17 months in prison, but had his license reinstated in 2007 by Pennsylvania Supreme Court

Third Circuit Court of Appeals

Jan 26, 2026•5 min read

Third Circuit Affirms SEPTA Win in Officer's Racial Discrimination Case

The U.S. Court of Appeals for the Third Circuit affirmed summary judgment for the Southeastern Pennsylvania Transportation Authority and Chief Thomas Nestel in a racial discrimination lawsuit filed by former African American police officer Kady-Ann Cox.

•Third Circuit affirmed summary judgment for SEPTA and Chief Thomas Nestel in racial discrimination lawsuit

•Former African American officer Kady-Ann Cox alleged 2019 termination was racially motivated

Eighth Circuit Court of Appeals

8th Circuit Upholds Dismissal of Suit Against Israel, Arkansas Officials

The U.S. Court of Appeals for the Eighth Circuit affirmed the dismissal of an unusual civil rights lawsuit filed by Yoram Razz against the State of Israel, Prime Minister Benjamin Netanyahu, and several Arkansas law enforcement officials. The district court originally dismissed the case for failure to properly serve the State of Israel and failure to state a valid legal claim.

•Eighth Circuit affirmed dismissal of civil rights lawsuit against State of Israel, PM Netanyahu, and Arkansas officials

•District court dismissed case for improper service on foreign defendants and failure to state valid legal claim

Ninth Circuit Court of Appeals

9th Circuit Grants Immigration Petition, Applies Equitable Tolling

The Ninth Circuit Court of Appeals granted Samuel Avila-Morales' petition for review and remanded his case to the Board of Immigration Appeals, holding that equitable tolling applies to his motion to reopen removal proceedings. The court reversed the BIA's denial in a memorandum decision filed January 26, 2026.

•Ninth Circuit granted Samuel Avila-Morales' petition for review and remanded case to BIA

•Court held that equitable tolling applies when extraordinary circumstances prevent timely filing and petitioner acts with due diligence

Tenth Circuit Court of Appeals

Tenth Circuit Rejects Objections to Energy Royalty Class Settlement

The U.S. Court of Appeals for the Tenth Circuit ruled on objections to a class action settlement between Chieftain Royalty Company and multiple EnerVest energy funds. Two royalty owners appealed the district court's approval of the settlement affecting mineral rights owners across Oklahoma.

•Tenth Circuit reviewed objections to class action settlement between royalty owners and EnerVest energy funds

•Two class members appealed district court's approval of settlement in 13-year-old royalty payment dispute

State Court

Court of Appeals of Maryland

Maryland Supreme Court Narrows Post-Conviction DNA Testing Relief

The Maryland Supreme Court ruled that the state's post-conviction DNA testing statute cannot be used to relitigate evidentiary issues that were not preserved during direct appeal. The decision in *Tarpley v. State* clarifies the limited scope of Maryland's DNA testing law for criminal defendants seeking relief.

•Maryland Supreme Court ruled that post-conviction DNA testing statute cannot be used to relitigate evidentiary issues not preserved on direct appeal

•The statute provides only two specific avenues: requesting DNA testing of evidence or challenging previously tested DNA evidence reliability

State Court

•New Mexico Supreme Court considering whether to abolish alienation of affections tort after 100+ years

New Mexico Supreme Court

New Mexico Supreme Court Considers Abolishing Century-Old Tort

The New Mexico Supreme Court is weighing whether to abolish the common law tort of alienation of affections, a legal claim that has existed in the state since 1923. The case, *Butterworth v. Jackson*, was certified from the Court of Appeals and involves determining the future viability of this controversial tort.

•Case involves *Butterworth v. Jackson* with Dr. Sarah Smith as intervenor-appellant challenging the tort's viability

State Court

•Wyoming Supreme Court affirmed Mathew Judd Titmus's felony theft conviction involving a distinctive orange and yellow skid steer tractor

Wyoming Supreme Court

Wyoming Supreme Court Upholds Theft Conviction After Evidence Ruling

The Wyoming Supreme Court affirmed Mathew Judd Titmus's felony theft conviction, rejecting his claim that the district court erred in ruling that proper foundation had not been laid for a defense exhibit. The January 26, 2026 decision upheld the conviction involving the theft of a distinctive orange and yellow skid steer tractor.

•The court rejected Titmus's appeal challenging the district court's ruling that proper foundation had not been laid for a defense exhibit

Fourth Circuit Court of Appeals

Fourth Circuit Affirms Pension Fund Win Over Dissolved Glass Company

The U.S. Court of Appeals for the Fourth Circuit affirmed a district court ruling in favor of the International Painters and Allied Trades Industry Pension Fund against Florida Glass of Tampa Bay and multiple related companies. The January 26, 2026 decision reinforces pension fund collection rights under ERISA.

•Fourth Circuit unanimously affirmed district court ruling favoring pension fund against multiple corporate defendants

•Case involved Florida Glass of Tampa Bay and 10 other entities, many of which had been dissolved