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Appellate
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February 20, 2026
Old 'Drunkards' Laws Cited As Support For Disarming Pot Users
The federal government is urging the Supreme Court to overturn a Fifth Circuit finding that a man couldn't be disarmed for regular cannabis use under federal law, arguing that the law does allow such disarmament — much as founder-era laws authorized taking guns away from "habitual drunkards" to preserve public safety.
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February 20, 2026
2nd Circ. Backs $286K For Childish Gambino's Attys
The Second Circuit has approved a $286,000 attorney fee award granted to lawyers representing rapper Childish Gambino and his record label in a case from another rapper who alleged part of the hit song "This Is America" was lifted from one of his tracks.
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February 20, 2026
1st Circ. Backs $42M Penalty In Penny Stock Fraud Case
The First Circuit has upheld a total of $42 million in disgorgement awards against five people involved in a string of pump-and-dump schemes, finding the U.S. Securities and Exchange Commission adequately supported its "approximations" of the defendants' profits.
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February 20, 2026
Boies Schiller Partner Faces Possible Sanctions For AI Errors
A Boies Schiller Flexner LLP partner must explain why he should not face monetary sanctions for filing a brief containing artificial intelligence-generated citation errors amid his representation of women who allege the Church of Scientology harassed them for reporting convicted actor Danny Masterson's sexual assaults.
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February 20, 2026
DOL Asks High Court To Weigh In On H-2A Fines Power
Congress authorized the U.S. Department of Labor to impose $580,000 in penalties and back wages on a New Jersey farm for alleged violations of the H-2A program, the department said last week, urging the U.S. Supreme Court to take up the case after the Third Circuit deemed the fines improper.
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February 20, 2026
Trump Imposes Maximum Tariff After Supreme Court Rebuke
President Donald Trump imposed a temporary global tariff with several exemptions hours after the U.S. Supreme Court struck down tariffs imposed under the International Economic Emergency Powers Act, then announced that he would increase the duty to the 15% maximum.
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February 19, 2026
5th Circ. Pauses Order Scrapping FTC Merger Filing Overhaul
The Fifth Circuit on Thursday granted the Federal Trade Commission's emergency motion to pause a Texas federal judge's ruling that threw out the agency's overhaul of premerger reporting requirements.
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February 19, 2026
Judge Denies Mylan And Aurobindo's Bid To Escape Trial
A Connecticut federal judge has once again rejected generic-drug makers' bid to escape a multistate lawsuit accusing them of engaging in an overarching antitrust conspiracy, saying the evidence supports the need for a jury trial on whether the companies colluded to fix prices and divvy up markets for dozens of generic drugs.
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February 19, 2026
Cisco Warns Justices Of 'Serious Risks' In China Torture Case
Cisco has urged the U.S. Supreme Court to toss a suit alleging that the tech company aided the Chinese government's allegedly unlawful torture of Falun Gong members, saying a green light would pose "serious risks" to foreign relations and foreign policy.
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February 19, 2026
Ohio Justices Shield Lenders From COVID-Era Class Claims
The Ohio Supreme Court ruled Thursday that a state resident can collect damages from Quicken Loans for the company's failure to report within 90 days that his mortgage had been paid off, but reversed a trial court's certification of a class of individuals who experienced the same issue, finding an amended state law prohibits the action.
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February 19, 2026
No Verdict Thursday In Goldstein Case
The jury in SCOTUSblog founder Thomas Goldstein's tax evasion trial broke for the weekend on Thursday without reaching a verdict.
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February 19, 2026
Prisoners Slam 'Unacceptable' Delay In Ga. Trans Care Suit
A group of transgender Georgia prisoners has accused state officials of dragging their heels in implementing a court order requiring the correctional system to resume hormone therapy treatments, asking a federal judge to force the state to begin notifying class members imminently.
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February 19, 2026
Xerox Whistleblower Deal Cut May Hinge On Public Disclosures
A Texas appellate court wanted to know Thursday whether a trio of whistleblowers is entitled to a $48 million cut of a Medicaid fraud settlement with Xerox, asking whether prior public disclosures of the wrongdoing helped or hurt their case.
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February 19, 2026
FNB Affiliate Denied Injunction Over Noncompete Clauses
The Pennsylvania Superior Court has ruled that a First National Bank wealth management subsidiary was not entitled to an injunction seeking to block three of its former financial advisers from working for a competitor, holding that they did not violate their restrictive covenants.
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February 19, 2026
Religious Org. Backs Psychedelic-Using Church At 10th Circ.
An entheogenic religious organization is urging the Tenth Circuit to maintain an order blocking Utah County and Provo City, Utah, from prosecuting a church for its use of psilocybin, saying the state's religious protections shouldn't depend on whether the prosecutors consider the religion "legitimate."
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February 19, 2026
Wash. Justices Say Amazon Must Face Chemical Suicide Suits
The Washington Supreme Court on Thursday revived negligence lawsuits against Amazon brought by the families of four people who killed themselves by ingesting high-potency sodium nitrite purchased on the e-commerce platform, finding the company had a duty to avoid exposing online shoppers to foreseeable harm from items sold on its website.
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February 19, 2026
Alcoa Fights Retirees' Win In Life Insurance Fight At 7th Circ.
Alcoa USA Corp. is looking to erase its retirees' win in a class action that claimed the aluminum manufacturer illegally cut off their life insurance benefits, telling the Seventh Circuit that the retirees owe their victory to an Indiana federal judge misreading their union contract.
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February 19, 2026
Justices Urged To Bar Passive Infringement For Skinny Labels
The Federal Circuit cleared the path for branded-drug makers to claim a rival induced infringement of a patent without taking any active steps to do so, Hikma told the U.S. Supreme Court in a case over so-called skinny labels.
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February 19, 2026
Ga. Panel Seeks Clarity On Rationale For Doctor's $12M Win
Attorneys for an insurer and a vascular surgeon who alleged the company's subpar defense in a malpractice case destroyed his career fielded tough questions from a Georgia appeals court Thursday, as the judges grappled with the evidentiary basis for the surgeon's $12 million jury trial court win.
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February 19, 2026
Texas Tornado Ruling Puts Policy Definitions In Spotlight
A Texas Supreme Court ruling that classified tornadoes as a type of "windstorm" in a homeowners policy underscored different approaches to interpreting definitions in insurance policies and the increasing importance of deductibles.
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February 19, 2026
Mich. Panel Orders Hearing Over GPS Data In Shooting Case
A Michigan state appeals court has ordered a new evidentiary hearing to decide if a man on an ankle monitor had his rights violated when Detroit police used the monitor's data to track him down even though the underlying case requiring it had been dismissed.
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February 19, 2026
11th Circ. Backs NLRB In Fla. Symphony's Impasse Appeal
The Eleventh Circuit on Thursday upheld a National Labor Relations Board order finding that a now-defunct Florida symphony orchestra declared an impasse while negotiating with an American Federation of Musicians affiliate and unlawfully imposed a final contract offer.
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February 19, 2026
Wells Fargo Urges 4th Circ. To Ax Ex-Director's $22M ADA Win
Wells Fargo is doubling down on its efforts to unravel a $22 million Americans with Disabilities Act verdict in favor of a former employee, telling the Fourth Circuit the former bank director was never denied a chance to work from home and therefore cannot claim the bank failed to accommodate him, among other things.
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February 19, 2026
5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent
A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.
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February 19, 2026
Delta, Aeromexico Urge 11th Circ. To Void DOT Split Order
Delta Air Lines and Aeromexico urged the Eleventh Circuit to void a U.S. Department of Transportation order directing them to dismantle their joint venture, saying the agency had offered contrived reasoning and scant evidence for purported anticompetitive effects.
Expert Analysis
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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.
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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.