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Appellate
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February 11, 2026
11th Circ. Says Infirm FLSA Deal Precludes Nonwage Claims
The Eleventh Circuit shut down a lawsuit against a cannabidiol products company Wednesday, rejecting a former worker's argument that the failure to secure approval for a settlement ending a prior case where he alleged wage-and-hour violations left him an avenue to subsequently sue for fraud.
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February 11, 2026
Not 'Your Dad's DOJ': Recapping Year One Under Bondi
Even before her contentious congressional testimony on Wednesday, few U.S. attorneys general had been embroiled in so many controversies so early into their tenures as Pam Bondi, who critics and supporters alike say embodies a new era at the Justice Department.
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February 11, 2026
9th Circ. Won't Rethink GEO Wash. Detention Law Decision
A split Ninth Circuit spurned a bid from GEO Group on Wednesday for the full court to revisit a panel opinion siding with Washington state in the company's challenge of new health and safety standards for immigrant detention, with dissenting federal appellate judges contending that the earlier ruling "ignores both our circuit precedent and common sense."
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February 11, 2026
SNAP Recipients Appeal In 2nd Circ. Over Card Scam Suit
The Legal Aid Society and Freshfields US LLP have filed a Second Circuit appeal on behalf of Supplemental Nutrition Assistance Program recipients whose food benefits were stolen in widespread "skimming" scams, arguing that a lower court wrongly denied the victims replacement of their stolen benefits.
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February 11, 2026
Texas Justices Hint Gender-Affirming Care Suit Was Timely
Texas Supreme Court justices on Wednesday seemed open to reviving a lawsuit accusing a social worker of negligently recommending gender-affirming care for a young woman, asking defense attorneys if they could cite any instance of a medical provider telling a patient to "go harm yourself."
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February 11, 2026
9th Circ. Mulls DMCA Claim Against Microsoft And OpenAI
A group of software developers Wednesday urged the Ninth Circuit to revive their claim that Microsoft, GitHub and OpenAI violated the Digital Millennium Copyright Act by stripping copyright management information from the developers' open source code, which the companies then used to develop the artificial intelligence tools for Microsoft's Copilot software.
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February 11, 2026
Del. Justices Grapple Over Truth Social Share Math
An attorney for the firm that helped launch Donald Trump's social media company told Delaware's justices Wednesday that a vice chancellor erred in requiring the venture to "prove a negative" in calculations of investor stakes in the run-up to the venture's special purpose acquisition company transaction.
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February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban
The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
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February 11, 2026
Fla. Panel Orders New Trial Over Forcible-Felony Instruction
A Florida appeals court ordered a new trial Wednesday for a man convicted of being a principal in a murder, after finding an incorrect jury instruction undermined his trial defense that the use of force was justified.
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February 11, 2026
Ariz. Justices Say Screening Didn't Create Client Relationship
The Arizona Supreme Court ruled Wednesday that a social worker who conducted a brief crisis screening of a patient could testify at an involuntary treatment hearing, holding that the interaction did not create a confidential behavioral health professional-client relationship and therefore was not protected by privilege.
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February 11, 2026
4th Circ. Revives School Shooting Suit Against Gunmakers
A split Fourth Circuit panel Wednesday revived a lawsuit against a number of gun manufacturers brought by two victims of a 2022 school shooting in Washington, D.C., finding that the victims indeed had standing to bring their claims.
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February 11, 2026
Supreme Court Sets April Argument For 'Skinny Label' Case
The U.S. Supreme Court has set an April 29 date for oral arguments in Hikma Pharmaceutical Inc.'s appeal of a decision that revived a patent case over its "skinny label" on a generic heart drug.
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February 11, 2026
7th Circ. Mulls Expiration Date Of Teva, Eli Lilly Patent Deal
Seventh Circuit judges Wednesday pressed counsel for Teva Pharmaceuticals USA Inc. to address how long a settlement under which Eli Lilly & Co. agreed not to block the approval and marketing of Teva's generic version of its osteoporosis drug Forteo could reasonably remain in effect, given Teva's drug wasn't ready for market until years after the underlying patent dispute.
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February 11, 2026
Crypto Scam Victims Can't Sue Signature Bank, 2nd Circ. Says
The Second Circuit has upheld the dismissal of a suit by a cryptocurrency trading club against the Federal Deposit Insurance Corp., as receiver of the failed Signature Bank, alleging negligence by the bank led to the club being defrauded and losing much of the $33 million invested in it.
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February 11, 2026
Apple Keeps PTAB Win Over Fintiv Patent Claims At Fed. Circ.
The Federal Circuit on Wednesday upheld Apple's Patent Trial and Appeal Board win in its challenge to claims in a patent issued to the defunct Austin, Texas-based mobile payment startup that would become Fintiv.
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February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students
Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
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February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling
U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
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February 11, 2026
Panel OKs Dismissal Of Ex-Mich. Trooper's Whistleblower Suit
A former Michigan State Police trooper can't pursue state-court claims that he was canned for complaining about supervisors drinking alcohol on the job, an appellate court has ruled, because the state's civil service commission has exclusive jurisdiction over the matter.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Intel 401(k) Suit Arguments Pushed To Next High Court Term
The U.S. Supreme Court will wait until next term to hear arguments in an appeal from Intel ex-workers seeking to revive proposed class allegations that their 401(k) retirement savings were dragged down by underperforming target-date funds, a delay confirmed by justices' April calendar posted on Wednesday.
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February 11, 2026
7th Circ. Denies New Trial To Convicted Tax Preparer
A tax preparer convicted of filing false returns and stealing her grandmother's pension will not receive a new trial, the Seventh Circuit ruled, rejecting her argument that a lower court made a mistake in allowing her to represent herself.
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February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order
The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
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February 10, 2026
Justices Asked To Review $600M Train Derailment Deal
Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment who reached a $600 million class settlement told the U.S. Supreme Court Tuesday they don't plan to respond to objectors' petition seeking review of the Sixth Circuit's decision to toss their appeals of the settlement.
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February 10, 2026
7th Circ. Mulls Taking Sides In Arbitration Enforcement Split
Seventh Circuit judges Tuesday debated a nationwide circuit split over who decides whether disputes belong in arbitration, seemingly leaning toward joining circuits that leave the question to courts instead of arbitrators.
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February 10, 2026
5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated
The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.
Expert Analysis
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Series
Teaching Logic Makes Me A Better Lawyer
Teaching middle and high school students the skills to untangle complicated arguments and identify faulty reasoning has made me reacquaint myself with the defined structure of thought, reminding me why logic should remain foundational in the practice of law, says Tom Barrow at Woods Rogers.
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Series
Law School's Missed Lessons: Practicing Resilience
Resilience is a skill acquired through daily practices that focus on learning from missteps, recovering quickly without internalizing defeat and moving forward with intention, says Nicholas Meza at Quarles & Brady.
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How Specificity, Self-Dealing Are Shaping ERISA Litigation
Several recent cases, including the U.S. Supreme Court's forthcoming ruling in Anderson v. Intel, illustrate the competing forces shaping excessive fee litigation, with plaintiffs seeking flexibility, courts demanding specificity, fiduciaries facing increased scrutiny for conflicts of interest, and self-dealing amplifying exposure, says James Beall at Willig Williams.
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Contract Disputes Recap: Terminations Galore
Three recent decisions from the Federal Circuit and the Civilian Board of Contract Appeals provide valuable insights about sticking to a contract's plain language, navigating breach of contract claims, and jurisdictional limits on reinstatement of a canceled contract, say attorneys at Seyfarth.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
After two fatal shootings by federal immigration officers in Minneapolis, Minnesota's role isn't waiting to see if the federal government brings criminal charges, but independently weighing state homicide charges and allowing the judiciary to decide whether the subject conduct falls within the narrow protections of supremacy clause immunity, says Sheila Tendy at Tendy Law.
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State Of Insurance: Q4 Notes From Illinois
In 2025's last quarter, Illinois’ appellate courts weighed in on overlapping homeowners coverages for water-related damages, contractual suit limitation provisions in uninsured motorist policies, and protections for genetic health information in life insurance underwriting, while the Department of Insurance sought nationwide homeowners' insurance data from State Farm, says Matthew Fortin at BatesCarey.
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How 2 Tech Statutes Are Being Applied To Agentic AI
The application of the Computer Fraud and Abuse Act and the California Invasion of Privacy Act to agentic artificial intelligence is still developing, but recent case law, like Amazon's lawsuit against Perplexity in California federal court, provides some initial guidance for companies developing or deploying these technologies, say attorneys at Weil.
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Defense Strategy Takeaways From Recent TCPA Class Actions
Although recent Telephone Consumer Protection Act decisions do not establish any bright-line tests for defeating predominance based on an argument that class members provided consent for the calls, certain trends have emerged that should inform defense strategies at class certification, say attorneys at Womble Bond.
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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.
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3 Key Ohio Financial Services Developments From 2025
Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.