Appellate

  • February 12, 2026

    2nd Circ. Seems Wary Of Restarting Norfolk Derailment Suit

    The Second Circuit appeared skeptical Thursday of investors' bid to revive a proposed class action against Norfolk Southern alleging that the company botched disclosures about how an efficiency plan might cause derailments, as judges seemed open to a lower court's interpretation that railroad statements about safety were puffery.

  • February 12, 2026

    3rd Circ. Won't Reconsider OT Ruling Against Home Care Co.

    The full Third Circuit will not reconsider a panel decision upholding a $1 million judgment against a home health company in a U.S. Department of Labor suit accusing it of failing to pay in-home care providers minimum wage and overtime.

  • February 12, 2026

    McKesson Freed From Opioid Death Suit By Ga. Panel

    The Georgia Court of Appeals said Thursday that drug distributor McKesson should have been freed from a suit attempting to hold it liable for a man's opioid overdose death, saying that a trial court applied the wrong statute of limitations to what was, at its core, a personal injury claim.

  • February 12, 2026

    Trump Nominates Judges For SC, Mont., Virgin Islands

    President Donald Trump on Thursday announced district court nominees for South Carolina, Montana and the U.S. Virgin Islands, as well as one nominee for the International Trade Court.

  • February 11, 2026

    Avon Loses Appeal Over $51M Verdict In Mesothelioma Case

    A California appellate court on Wednesday refused to wipe out a $51 million jury verdict against Avon for the cancer a woman says she got from using its asbestos-tainted talc, rejecting the cosmetic company's qualms with expert testimony and the trial court's evidentiary rulings.

  • February 11, 2026

    9th Circ. Partly Reverses Ford's 'Death Wobble' Class Cert.

    The Ninth Circuit Wednesday partly remanded a class certification ruling in litigation brought by Ford buyers alleging some of the auto giant's pickup trucks have a steering defect known as the "death wobble," saying the record shows that the claimed defect manifested at varying rates in different model years.

  • February 11, 2026

    DC Circ. Questions Denial Of CFTC Whistleblower Award

    The D.C. Circuit seemed skeptical Wednesday morning about the argument that the Commodity Futures Trading Commission wrongly denied a man a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation.

  • February 11, 2026

    SC High Court Probes Clerk's Misconduct In Murdaugh Appeal

    The South Carolina Supreme Court on Wednesday closely inspected Alex Murdaugh's appeal claiming the jury in his high-profile double-murder trial was biased because of comments made by a clerk of court, voicing questions and statements favorable to the disgraced lawyer's arguments.

  • February 11, 2026

    Goldstein Says He Lost Millions On Poker In 2016

    SCOTUSblog founder Thomas Goldstein told the Maryland federal jury in his tax fraud trial Wednesday that he lost nearly $3 million playing poker in 2016, directly contradicting charges that he underreported his gambling winnings, and pinned the blame for tax filing errors on his own miscalculations and shoddy work from his accountants.

  • February 11, 2026

    7th Circ. May Seek Ill. Justices' Input In Hyundai BIPA Row

    A Seventh Circuit panel on Wednesday appeared skeptical about whether Hyundai Motor America had any control over biometric data captured by cameras installed in certain Hyundai vehicles and how a proposed class of drivers was injured under Illinois' biometric privacy law, but one judge suggested the case presents a question the state's top court may need to answer.

  • February 11, 2026

    Texas Justices Doubtful Spectrum Contract Is Static

    Texas Supreme Court justices pushed back on San Antonio's claim that amendments to public telecommunications contract laws have no bearing on a utilities pole attachment agreement, saying Wednesday that the parties seemed to have an understanding that the contract would "evolve."

  • February 11, 2026

    Fed. Circ. Backs $85M Patent Antitrust Verdict Against Ingevity

    The Federal Circuit on Wednesday declined to disturb a Delaware jury's $85 million antitrust verdict against Ingevity over it tying patent licenses to purchases of its automobile carbon filtering technology, rejecting the company's arguments that it was entitled to a certain statutory patent misuse defense.

  • February 11, 2026

    Colo. Justices Seem Skeptical Water Entity Can't Condemn

    The Colorado Supreme Court justices appeared unpersuaded Wednesday by the "narrow" interpretation of law provided by the attorney representing a landowner who claims a water activity enterprise does not have legal authority to condemn land for water projects.

  • February 11, 2026

    Design Patent Dissent Highlights Frustration Over Subjectivity

    Federal Circuit Judge Kimberly Moore's impassioned dissent to the court throwing out a design patent infringement suit captured how difficult it can be to frame comparisons, from a legal standard and based on differences in how people perceive the world, attorneys say.

  • February 11, 2026

    Former In-House Atty To Colo. Court: Fees Suit Isn't Frivolous

    A former in-house attorney petitioned a Colorado Court of Appeals panel Wednesday to not find "frivolous" his request for the court to reverse a lower court's decision ordering attorney fees as a sanction against the attorney and his counsel in an underlying legal malpractice lawsuit.

  • February 11, 2026

    Justices Urged To Restore $181M Verdict Against AT&T, Nokia

    Finesse Wireless LLC has asked the U.S. Supreme Court to take up its challenge to the Federal Circuit's decision wiping out a $181 million verdict against AT&T and Nokia, saying it's part of a long trend of the circuit court not respecting jury verdicts.

  • February 11, 2026

    Mobile Home Orgs Can't Bring Class Suit, Fla. Panel Says

    A Florida panel ruled in a Wednesday split decision that two mobile homeowners' associations can't combine to bring one class action alleging unreasonable rent increases, citing state court rules that allow only one association to bring claims on behalf of its own members. 

  • 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.

  • February 11, 2026

    Not 'Your Dad's DOJ': Recapping Year 1 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.

  • 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."

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 4 California Insurance Law Decisions To Know From 2025

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    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.

  • The Major Securities Litigation Rulings And Trends Of 2025

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    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.

  • A 6th Circ. Snapshot: 3 Cases That Defined 2025

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    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.

  • How Fractional GCs Can Manage Risks Of Engagement

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    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.

  • Health, Legal Employers Face Unique Online Speech Hurdles

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    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.

  • Opinion

    Justices Should Clarify Loper Bright Doctrine Via Patent Case

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    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.

  • 3 Notable Developments In Ch. 15 Bankruptcy This Year

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    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.

  • Reviewing 2025's Most Pertinent Wiretap Developments

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    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.

  • Series

    Nature Photography Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practical Problem Solving

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    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.

  • Software Patents May Face New Eligibility Scrutiny

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    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.

  • Contract Disputes Recap: Delay, Plain Text, Sovereign Acts

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    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.

  • Opinion

    A Uniform Federal Rule Would Curb Gen AI Missteps In Court

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    To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.

  • 9th Circ. Ruling Clarifies Auditor Liability For IPO Errors

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    The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.

  • 10th Circ. Dissent May Light Path For Master Account Access

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    While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.

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