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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 05, 2026
DOJ Adds 6 New Immigration Judges And 27 Temporary Ones
The U.S. Department of Justice has hired 33 new immigration judges, 27 of whom are temporary, according to an announcement Thursday, against a backdrop of a still large immigration court backlog and the Trump administration's ongoing immigration crackdown.
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February 05, 2026
5th Circ. Mulls Families' Rights In Boeing-DOJ 737 Max Deal
The Fifth Circuit on Thursday questioned whether crash victims' families are owed "unfettered" rights to consult with the U.S. Department of Justice over its refusal to criminally prosecute Boeing for conspiring to defraud safety regulators about the 737 Max's development.
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February 05, 2026
7th Circ. Deems Pilgrim's Price-Fix Settlement Non-Binding
The Seventh Circuit on Thursday held that Pilgrim's Pride did not definitively settle chicken and other protein price-fixing claims with Sysco via a brief email acceptance and unsigned agreement, ruling that "a barebones email exchange" and unsigned agreement wasn't enough to formally resolve the dispute.
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February 05, 2026
Ex-Exec At Perot's VC Firm Says Boss Owes Him For $2B Sale
A Dallas businessman sued billionaire Ross Perot Jr. in Texas state court on Thursday saying Perot stiffed him out of his rightful equity interest in a healthcare company that sold for $2 billion and refused to honor an explicit promise.
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February 05, 2026
BNY Mellon Can't Sue Investor In Texas Over Facility Funding
A Texas appellate court determined Thursday that Bank of New York Mellon Trust Co.'s suit against the company that purchased senior revenue certificates for a student housing facility does not belong in the Lone Star State, saying the bank failed to demonstrate that the company's conduct tied it to Texas.
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February 05, 2026
NJ Panel Tosses Estate Heir's Demand For Law Firm's File
A New Jersey appellate panel upheld on Thursday the dismissal of an estate heir's attempt to seize the original client file of the now-defunct Budd Larner PC, finding that he failed to show that the firm ever represented him in a 2015 property sale and waited too long to file suit.
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February 05, 2026
Texas Panel Upholds Receivership In $2M Lung Disease Suit
A Texas appeals court affirmed the appointment of a receivership in a $2.2 million lung disease suit on Wednesday, ruling that the company appealing the receivership failed to address all the legal grounds supporting the appointment.
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February 05, 2026
8th Circ. Says Farmer Must Face Water Dispute In Tribal Court
The Eight Circuit ruled that a Minnesota farmer can't block White Earth Tribal Court proceedings in federal court while his river water permitting case is still being litigated in the tribe's court system.
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February 05, 2026
PGA Tour Didn't Price Gouge Rivals' Atty, Fla. Judges Rule
A bid to overturn the dismissal of a suit accusing the PGA Tour of inflating its event prices as part of a plot against golfers from the rival LIV tour was turned away Thursday by a Florida state appeals court.
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February 05, 2026
Philly Judge Erred In Bumping Med Mal Suit To NJ, Panel Says
The Pennsylvania Superior Court has ruled in a precedential opinion that a Philadelphia judge incorrectly handed Rothman Orthopaedics a win by agreeing that a woman's medical malpractice suit against it should have been filed in New Jersey, reasoning that the company failed to show "weighty" reasons that the city was not the right place to litigate the case.
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February 05, 2026
NY Times Article Excerpts Admitted In Goldstein Trial
Federal prosecutors pressing their case against SCOTUSblog co-founder Thomas Goldstein for tax evasion and misleading statements on mortgage applications were finally able on Thursday to present jurors with key statements the U.S. Supreme Court lawyer made to legal journalist Jeffrey Toobin for a long New York Times Magazine article.
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February 05, 2026
Walmart Alice Win In Content Patent Suit Backed By Fed. Circ.
The Federal Circuit on Thursday agreed with U.S. District Judge Alan Albright's conclusion that a trio of content sharing patents asserted against Walmart are invalid for covering an abstract idea, rejecting the owner's arguments that certain claim limitations save the patents.
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February 05, 2026
Colo. Appeals Panel Expands Insurer Disclosure Obligations
A Colorado Court of Appeals panel Thursday found that a copy of an insurance policy obtained by the at-fault driver after a crash is still required to be disclosed to the victim driver in litigation in a split 2-1 decision and first impression interpretation of the Colorado statute.
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February 05, 2026
Fed. Circ. Judge To Intel IP Atty: Your View Is 'Unreasonable'
The Federal Circuit's chief judge on Thursday reprimanded an attorney representing Intel for his "truly unreasonable" claim that a contract with VLSI Technology to streamline patent litigation should only count toward damages, not infringement.
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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.
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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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.
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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.