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Featured
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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February 10, 2026
11th Circ. Revives Overtime Case For Death Investigators
The work that six forensic death investigators performed was not directly linked to the general operations of a forensic pathology company, the Eleventh Circuit ruled Tuesday, ordering a new trial in the workers' suit seeking unpaid overtime.
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February 10, 2026
2nd Circ. Revives Photographer's Case Against Shutterstock
The Second Circuit revived some of a landscape photographer's case against photo licensing database Shutterstock Inc. on Tuesday, finding that while there was nothing in evidence showing Shutterstock intended to change copyright management information, the company's "right and ability to control" the infringing activity should be litigated further.
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February 10, 2026
NC Justices Told Not To Disturb Lindberg's $122M Penalty
A group of insurance companies that say convicted billionaire Greg Lindberg is responsible for their "financial ruin" are fighting to keep in place a $122 million contempt order against him, telling North Carolina's highest court there's no compelling reason to review the decision.
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February 10, 2026
NJ Panel Says Assault Finding Warrants Restraining Order
A New Jersey appeals court on Tuesday ruled that a woman should be granted a restraining order after she successfully proved that her husband, with whom she is in the midst of divorce proceedings, assaulted her.
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February 10, 2026
Trump Admin. Appeals Limits On Protester Deportations
The Trump administration has appealed a Massachusetts federal judge's order restricting its ability to deport noncitizen university professors and students who engaged in pro-Palestinian advocacy, arguing the sanctions went beyond the judge's power.
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February 10, 2026
2nd Circ. Upholds NYT's $2.4M Auto-Renewal Class Deal
A Second Circuit panel on Tuesday upheld a class action settlement resolving claims that The New York Times Co. auto-renewed California users' subscriptions without proper notice, turning away an objection that said the $2.375 million deal was unfair and the lead plaintiff lacked standing.
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February 10, 2026
Elliott Affiliate Urges 3rd Circ. To Keep Citgo Sale On Track
Amber Energy Inc. has asked the Third Circuit to reject appeals of an order accepting its multibillion-dollar bid for shares in Citgo Petroleum Corp.'s parent company, saying a lower court "came nowhere near abusing its discretion" and properly carried out the sale process.
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February 10, 2026
DOJ Pushes To Revive Comey, James Indictments
Criminal indictments against former FBI Director James Comey and New York Attorney General Letitia James were brought under a validly serving interim U.S. attorney and, therefore, never should have been dismissed, the U.S. Department of Justice argued in its opening brief in its consolidated appeal before the Fourth Circuit.
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February 10, 2026
Fla. Utility Says City Had No Power To Dissolve It
A utility authority appointed by the Florida Legislature told an appeals court Tuesday that the city of Gainesville is "engaged in insurrection against the state government" by amending its charter to dissolve the agency.
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February 10, 2026
No 2nd Circ. Rehearing On $4M 'Bridgegate' Legal Fee
The Second Circuit has denied the Port Authority of New York and New Jersey's request for it to rethink its decision reviving claims from former executive William E. Baroni Jr.'s claims seeking $4 million in legal fees stemming from his prosecution in the infamous Bridgegate scandal.
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February 10, 2026
4th Circ. Finds No Standing In SC Hemp Farmer's Raid Suit
The Fourth Circuit on Tuesday declined to revive a hemp farmer's suit against more than 30 South Carolina officials over a raid that destroyed his hemp crop, finding that he failed to show that he has any standing to file the suit.
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February 10, 2026
Food Slicer Rivals End Patent Case Weeks Before 3rd Trial
Weber Inc. and Provisur Technologies Inc. have told a federal district court and an appeals court that they were dismissing disputes between them over food slicer patents, ending a fight that saw a $21 million jury verdict thrown out and a second trial end in a mistrial.
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February 10, 2026
NJ Panel Nixes Amusement Park Co.'s Luxury Housing Suit
A New Jersey appellate panel backed the permanent dismissal of an amusement park company's suit challenging a New Jersey luxury housing and retail project, ruling that the lower court rightfully decided that it lacked jurisdiction for the suit.
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February 09, 2026
Frontier Airlines To Face Racial Bias Suit On 9th Circ. Remand
The Ninth Circuit on Monday largely revived a racial bias lawsuit against Frontier Airlines, saying in an unpublished opinion that a jury could possibly find for the father-and-son passengers based on the case's facts.
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February 09, 2026
6th Circ. Revives Drexel's Herbicide Contract Beef With Gowan
The Sixth Circuit on Monday held that a Tennessee federal court misinterpreted a profit-sharing agreement resolving an herbicide product registration dispute between Drexel Chemical Co. and Gowan Co. LLC, siding with Drexel on when the agreement terminated and reviving Drexel's suit over it.
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February 09, 2026
Feds Want Bannon's Contempt-Of-Congress Conviction Axed
Federal prosecutors on Monday moved to toss former White House adviser Steve Bannon's contempt-of-Congress conviction before a trial court, spurring the U.S. solicitor general to similarly ask the U.S. Supreme Court to vacate a D.C. Circuit judgment, which had rejected Bannon's advice-of-counsel defense and affirmed his conviction.
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February 09, 2026
9th Circ. Judge Casts Doubt On Feds' Grant Condition Stance
A Ninth Circuit judge expressed skepticism Monday as the Trump administration argued it could legally impose new rules barring federal grant recipients from using the money for diversity programming, suggesting that the government had misread Title VI of the Civil Rights Act of 1964.
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February 09, 2026
Fed. Circ. Mulls Whether Digital Ad Patent Can Survive Alice
An advertising management system company tried to persuade the Federal Circuit on Monday to revive its infringement suit against Google and YouTube, saying its patent was wrongly found to cover an abstract idea.
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February 09, 2026
Immigration Judge Ends Tufts Student's Removal Proceeding
Tufts University graduate student Rümeysa Öztürk is no longer subject to removal proceedings, after an immigration judge ruled that the U.S. Department of Homeland Security had not shown that she should be deported, her lawyers said Monday.
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February 09, 2026
Goldstein's Defense Questions Missing Tax Emails
Document retention at the outside accounting firm for SCOTUSblog founder Thomas Goldstein and his law firm took center stage at the U.S. Supreme Court lawyers' tax fraud trial Monday, as the defense claimed that the accountants' internal emails about Goldstein's tax returns were never produced despite being sought in subpoenas.
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February 09, 2026
4th Circ. Reopens Class Action Door In Navy Federal Bias Suit
A panel of the Fourth Circuit said Monday that a federal district judge moved too quickly in foreclosing class action status in a lawsuit accusing Navy Federal Credit Union of mortgage lending discrimination, ruling that class allegations should not have been altogether struck down before discovery.
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February 09, 2026
Texas AG Slams Animal Processing Plant's 'Death' Smell
An animal byproducts processing plant in Bastrop, Texas, illegally spewed chemicals and foul odors that smelled like "death" into surrounding communities, Texas Attorney General Ken Paxton alleged Monday in an enforcement action.
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February 09, 2026
9th Circ. Sides With Forest Service In $33M Ore. Wildfire Suit
A Ninth Circuit panel Monday threw out a lawsuit from two Oregon lumber companies that accused the U.S. Forest Service of bungling its response to a 2020 wildfire in the Willamette National Forest, ruling that the agency can't be sued because it was acting within its discretion.
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February 09, 2026
Colo. Hight Court To Rule On Firearm Toolmark Admissibility
Colorado's highest court agreed Monday to take up the validity of firearm toolmark analysis via two criminal cases that challenge the method of matching shell casings to specific weapons as unscientific and inadmissible under state evidence rules.
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February 09, 2026
Fed. Circ. Uses Alice To Scrap $2.5M Netflix Patent Verdict
The Federal Circuit on Monday threw out a California jury's $2.5 million verdict against Netflix for infringing a GoTV Streaming LLC patent on wireless content delivery, agreeing with the streaming giant that the patent and two others are invalid because they cover only abstract ideas.
Editor's Picks
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The Topics Appellate Attys Are Tracking Most Closely In 2026
A few far-reaching topics will dominate the appellate practice in 2026, attorneys predict, as appeals courts navigate an ever-growing thicket of Trump administration litigation and thorny questions involving artificial intelligence.
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4 High Court Cases To Watch This Spring
The U.S. Supreme Court justices will return from the winter holidays to tackle several constitutional disputes that range from who is entitled to birthright citizenship to whether transgender individuals are entitled to heightened levels of protection from discrimination.
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Circuit-By-Circuit Guide To 2025's Most Memorable Moments
Federal circuit courts in 2025 strained under a crush of Trump administration lawsuits, as judges directed animated language at litigants and even their fellow judges. And while the president only added a handful of appellate jurists, they had outsize impacts on circuit benches as they joined the cadre of conservatives seated in his first term.
Expert Analysis
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Takeaways From 8th Circ. Ruling On Worker's 'BLM' Display
The Eighth Circuit's recent decision in Home Depot v. National Labor Relations Board, finding that Home Depot legally prohibited an employee from displaying Black Lives Matter messaging on his uniform, reaffirms employers' right to restrict politically sensitive material, but should not be read as a blank check, say attorneys at Hunton.
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NC Ruling Shows Mallory's Evolving Effects For Policyholders
A recent North Carolina decision, PDII v. Sky Aircraft, demonstrates how the U.S. Supreme Court's consequential jurisdiction decision in Mallory v. Norfolk Southern may permit suits against insurers anywhere they do business so long as the forum state has a business registration statute that requires submitting to in-state lawsuits, says Christopher Popecki at Pillsbury.
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Malpractice Claim Assignability Continues To Divide Courts
Recent decisions from courts across the country demonstrate how different jurisdictions balance competing policy interests in determining whether legal malpractice claims can be assigned, providing a framework to identify when and how to challenge any attempted assignment, says Christopher Blazejewski at Sherin & Lodgen.
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Tips For Financial Advisers Facing TRO From Former Firm
The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.
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Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes
The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.
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Unpacking Dormant Commerce Clause Cannabis Circuit Split
Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.
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Texas AG Wields Consumer Protection Law Against Tech Cos.
Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.
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Emerging Themes In Nevada High Court Civil Litigation
The Nevada Supreme Court issued a series of significant civil rulings in 2025 that reflect recurring themes: a restrained approach to personal jurisdiction, heightened expectations of professionalism, close scrutiny of trial conduct, and a willingness to enforce contractual provisions that other jurisdictions might reject, says Michael Lowry at Wilson Elser.
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What To Know As Courts Rethink McDonnell-Douglas
Although the U.S. Supreme Court declined the latest opportunity to address the viability of the McDonnell-Douglas burden-shifting framework used in employment discrimination and retaliation claims, two justices and courts around the country are increasingly seeking to abandon it, which could potentially lead to more trials and higher litigation budgets, say attorneys at Jackson Lewis.
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A Primer On Law Enforcement Self-Defense Doctrine
In the wake of several shootings by federal immigration agents in Minneapolis, misconceptions persist about what the laws governing police use of force actually permit, and it’s essential for legal practitioners to understand the contours of the underlying constitutional doctrine, says Markus Funk at White & Case.
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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.