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Appellate
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February 05, 2026
Ex-Alex Jones Atty Asks Conn. Justices To Nix Suspension
A Connecticut attorney who formerly represented conspiracy broadcaster Alex Jones in a $1.4 billion defamation case has asked the state's highest court to consider whether it was proper for a judge to suspend his law license for violating a protective order governing Sandy Hook families' personal information.
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February 05, 2026
Law Firms Back NFL In Arbitration Clause Suit Before Justices
Two nonprofit public interest law firms are pressing the U.S. Supreme Court to review a Second Circuit opinion finding the National Football League's arbitration process unenforceable, saying the opinion encourages judges to issue "subjective and arbitrary" decisions on arbitration clauses.
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February 05, 2026
Energy Dept. Defends University Grant Cost Cap To 1st Circ.
The U.S. Department of Energy urged the First Circuit to overturn a Boston federal judge's decision to block its attempt to cap reimbursable indirect costs for research grants awarded to colleges and universities, arguing it acted in line with its regulations.
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February 05, 2026
2nd Circ. OKs Hospital Hold Extensions In Incompetency Case
The Second Circuit on Thursday broadened the amount of discretion given to federal judges when determining whether continued hospitalization is necessary for defendants found to be incompetent to stand trial.
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February 05, 2026
DC Circ. Doubts ICE Church Raids Can't Be Blocked
The majority of a three-judge D.C. Circuit panel appeared skeptical Thursday that they shouldn't block the Trump administration from enforcing immigration laws at sensitive locations such as churches, questioning the government's argument that the alleged harm is too speculative.
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February 05, 2026
Full Fed. Circ. Won't Rethink Heart Monitor Patent Claim Ax
The full Federal Circuit won't rethink a panel's refusal to revive claims in a wireless heart rate monitor patent owned by Finnish sports tech company Polar Electro Oy that a lower court found were invalid.
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February 05, 2026
NJ Panel Backs Treasury Dept. Win In Discrimination Suit
A New Jersey appellate panel has backed the New Jersey Department of Treasury's win in a disability discrimination suit by one of its employees, ruling her claims are either time barred or lack the necessary evidence to show severe enough conduct by the department.
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February 05, 2026
Mich. Justices Uphold One-Man Grand Jury Murder Conviction
A man indicted by a judge and found guilty of murder cannot have another shot at his case simply because he wasn't charged by a grand jury, Michigan's highest court determined, finding that a change in state law disallowing one-man grand juries did not apply retroactively.
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February 05, 2026
FERC's Grid Planning Policy Revamp Is Proper, 4th Circ. Told
Clean energy supporters and blue state officials are backing the Federal Energy Regulatory Commission's overhaul of its regional transmission planning policy, telling the Fourth Circuit that the agency properly exercised its authority while ensuring states have a seat at the planning table.
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February 05, 2026
Fed. Circ. Doubtful Of Reviving Contractor's Lost Profit Claim
The Federal Circuit appeared skeptical Thursday of a contractor's claim for lost profits after the U.S. Air Force declined to extend its construction contract, questioning whether it's reasonable for the contractor to claim profits for subsequent extension years after losing out on the first year.
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February 05, 2026
Apple Avoids Heightened EU Rules For Ads, Maps
The European Commission announced Thursday that Apple's Ads and Maps features aren't used enough in the European Union to warrant imposing interoperability and other obligations foisted on other services from Apple and other major technology companies deemed "gatekeepers" under the Digital Markets Act.
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February 05, 2026
Fed. Circ. Supports No Infringement Ruling In Ladder IP Case
The Federal Circuit on Thursday refused to revive a Little Giant Ladder Systems lawsuit accusing a rival of infringing a patent on a ladder with a locking mechanism, agreeing with a lower court's rejection of the patent owner's two infringement theories.
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February 05, 2026
TikTok Urges NC Justices To Toss State's Addictive App Suit
The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.
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February 05, 2026
9th Circ. Rejects Qualified Immunity For Ariz. Police Shooting
The Ninth Circuit has ruled that a family can continue their case against a sheriff who, thinking a car key fob was a gun, killed their relative, affirming there were enough disputed facts to bar the Arizona officer from asserting qualified immunity for his actions.
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February 05, 2026
DOJ Tells Immigration Board To Limit Cases Without Novel Issue
The U.S. Department of Justice on Thursday issued a rule directing its Board of Immigration Appeals to swiftly dismiss cases that don't raise "novel" issues to confront a backlogged docket of noncitizens contesting removal orders and other immigration court decisions.
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February 05, 2026
Fed. Circ. Upholds $1.5B In US Commerce IT Contracts
The Federal Circuit said in a Thursday decision that it was within the purview of the U.S. Department of Commerce to scrap all the awards for $1.5 billion in IT contracts and restart the evaluation process.
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February 05, 2026
Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes
The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.
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February 05, 2026
Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says
The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.
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February 05, 2026
Judiciary Backs Bill To Let Judges Carry Concealed Guns
The federal judiciary has come out in support of a Republican-led bill to allow judges and prosecutors to carry concealed firearms across state lines, according to a letter obtained by Law360.
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February 05, 2026
4th Circ. Upholds Conviction, 40-Year Sentence In Drug Case
The Fourth Circuit declined to overturn the conviction and 40-year sentence of a man found guilty of multiple drug and firearms offenses, finding that his trial was fair and that a trial court correctly applied obstruction of justice and leadership enhancements to his case.
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February 05, 2026
Exxon Urges Justices To Permit Cuba Seizure Damage Claims
Exxon said a Cuban government entity "fundamentally" misunderstands a federal act letting U.S. victims of Cuban property seizures seek damages, pushing the U.S. Supreme Court to reverse a lower court's finding that the act doesn't automatically void the immunity of state entities.
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February 05, 2026
News Orgs Urge 1st Circ. To Reject Lobster Industry Libel Suit
The New York Times, The Atlantic and other national news media organizations have asked the First Circuit to sink a defamation suit by lobster fishermen over a conservation group's warning not to eat lobster because of the purported impact on an endangered whale species.
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February 05, 2026
Fla. Justices Let AG Drop Pot Ballot Campaign Challenge
The Florida Supreme Court has agreed to let the state's attorney general dismiss his request for an advisory opinion on the constitutionality of an adult use cannabis ballot initiative over the objection of the initiative's sponsors.
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February 05, 2026
Judge Who Resigned To Criticize Trump Had Faced Inquiry
Former Massachusetts U.S. District Judge Mark L. Wolf was the subject of an inquiry into potential misconduct when he announced his November resignation, a decision he said at the time was motivated by a desire to speak out against the Trump administration, according to a source familiar with the matter.
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February 05, 2026
Amazon Screenings Are 'Hours Worked,' Conn. Justices Rule
Amazon security screenings count as "hours worked" under Connecticut state employment law, and no legal exception permits the retailer to withhold pay for time spent on minimal matters at the end of a worker's shift, the state supreme court ruled unanimously on Thursday.
Expert Analysis
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5 Trade Secret Developments To Follow In 2026
Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
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Top 10 Employer Resolutions For 2026
Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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4 California Insurance Law Decisions To Know From 2025
California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.
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The Major Securities Litigation Rulings And Trends Of 2025
The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Health, Legal Employers Face Unique Online Speech Hurdles
Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.