Verdict . News

Seventh Circuit Court of Appeals

7th Circuit Reviews Bivens Claims in Federal Prison Assault Case

The Seventh Circuit Court of Appeals considered whether federal prison officials at FCC Terre Haute can be held liable under Bivens for allegedly failing to protect an inmate from repeated cellmate attacks. Derek Thomas sued officials claiming Eighth Amendment violations for deliberate indifference to his safety and medical needs.

•Derek Thomas sued federal prison officials under Bivens claiming Eighth Amendment violations for failure to protect him from cellmate attacks at FCC Terre Haute

•The Seventh Circuit acknowledged disturbing evidence of brutal attacks but focused on whether Thomas's claims fit within established Bivens doctrine

Ninth Circuit Court of Appeals

Jan 23, 2026•5 min read

9th Circuit Upholds Prison Officials' Summary Judgment in Suicide Case

The Ninth Circuit Court of Appeals affirmed a district court's summary judgment ruling in favor of three Salinas Valley State Prison officials in a civil rights lawsuit filed by inmate Kevin Moore regarding his July 2020 suicide attempt.

•Ninth Circuit affirmed summary judgment for three Salinas Valley State Prison officials in Section 1983 lawsuit

•Inmate Kevin Moore alleged Eighth Amendment deliberate indifference related to July 2020 suicide attempt

•Vermont Supreme Court reversed trial court ruling that awarded plaintiffs 5/6 interest in family lakeside property

Supreme Court of Vermont

Vermont Supreme Court Reverses Property Ruling in Family Deed Dispute

The Vermont Supreme Court reversed a trial court decision in a complex family property dispute, ruling that a 1958 deed created a tenancy in common rather than a joint tenancy with right of survivorship. The case involved extended family members fighting over ownership interests in lakeside property.

•Court held that 1958 deed created tenancy in common, not joint tenancy with right of survivorship

•Nebraska Supreme Court held that determining ineffective counsel claims on direct appeal is a question of law

Nebraska Supreme Court

Nebraska Supreme Court Clarifies Standards for Ineffective Counsel Claims

The Nebraska Supreme Court issued an opinion in *State v. Wilson* on January 23, 2026, establishing legal standards for when appellate courts can determine ineffective assistance of counsel claims on direct appeal. The ruling clarifies how courts must evaluate whether trial counsel's performance met constitutional requirements.

•Appellate courts must assess whether trial record contains sufficient undisputed facts for conclusive determination

Third Circuit Court of Appeals

3rd Circuit Upholds Dismissal of COVID Nursing Home Deaths Lawsuit

The Third Circuit Court of Appeals upheld a lower court's dismissal of a lawsuit against New Jersey Governor Philip Murphy and Health Commissioner Judith Persichilli over COVID-19 nursing home deaths. The estates of three deceased nursing home residents had sued the officials individually, claiming their policies led to approximately 10,000 elderly deaths during the pandemic.

•Third Circuit affirmed dismissal of lawsuit against New Jersey officials over 10,000 nursing home deaths during COVID-19

•Court ruled Governor Murphy and Health Commissioner Persichilli protected by qualified immunity

Court of Appeals of Maryland

Jan 23, 2026•2 min read

Maryland Supreme Court Dismisses Certiorari Petition in Attorney Fee Dispute

The Supreme Court of Maryland dismissed a writ of certiorari on January 23, 2026, in the case of Joseph Basso v. Jose Rodriguez, et al., by majority decision. The dismissal was procedural, resulting from the petitioner's failure to timely file briefs in a case involving attorney's fees under Maryland Rule 1-341 and contingency fee agreements.

•Writ of certiorari dismissed by majority decision of Maryland's highest court

•Case involved attorney's fees dispute under Maryland Rule 1-341 and contingency fee agreements

Ninth Circuit Court of Appeals

9th Circuit Affirms Dismissal in Parent's Suit Against Arizona School

The Ninth Circuit Court of Appeals affirmed a district court's dismissal of multiple claims brought by Kimberly Sweidy against Spring Ridge Academy and eight employees. The unpublished decision upheld rulings on motions to strike and denial of amendment requests in the case involving Sweidy's daughter's enrollment at the Arizona boarding school.

•Ninth Circuit affirmed district court dismissal of seven claims against Arizona boarding school

•Court upheld rulings striking plaintiff's evidence submissions and denying amendment requests

•Alaska Supreme Court addressed novel questions about mandatory arbitration of attorney's fee disputes on January 23, 2026

Alaska Supreme Court

Alaska Supreme Court Rules on Attorney Fee Dispute in Native Allotment Case

The Alaska Supreme Court issued a decision on January 23, 2026, in Leroy Oenga, Jr. v. Maria M. Givens, addressing novel questions about mandatory arbitration of attorney's fees in a case involving an Alaska Native allotment and federal government litigation.

•Case involved Alaska Native allotment heirs and successful federal government lawsuit over oil and gas mismanagement

•Wyoming Supreme Court affirmed summary judgment favoring Big Horn Glass against Sletten Construction's third-party claims

Wyoming Supreme Court

Wyoming Supreme Court Affirms Summary Judgment in Construction Dispute

The Wyoming Supreme Court affirmed a district court's summary judgment ruling in favor of Big Horn Glass, Inc. against Sletten Construction of Wyoming, Inc. in a third-party liability dispute involving a firearms manufacturing facility construction project in Cody, Wyoming.

•Dispute arose from construction of firearms manufacturing facility for Gunwerks in Cody, Wyoming