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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 09, 2026
9th Circ. Backs Comerica's Escape From Investor Suit
The Ninth Circuit backed Comerica's win in an investor dispute led by a pension fund accusing the bank of misleading investors about its oversight of a U.S. Department of the Treasury contract, concluding a California federal judge was right to permanently toss the case for failure to state a claim.
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February 09, 2026
Citadel Securities Rival Backs New Exchange Before 11th Circ.
Wall Street reform advocates and a Citadel Securities LLC competitor have stepped forward to support Investors Exchange LLC in its bid to keep a new options exchange alive, telling the Eleventh Circuit that the exchange will create more competition to the benefit of investors.
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February 09, 2026
8th Circ. Lets Stand Minn. Law Banning Election Deepfakes
The Eighth Circuit on Monday declined to block Minnesota's law criminalizing deepfakes that are designed to influence elections, holding in a published opinion that a state legislator waited too long to seek emergency relief and that a political commentator who also challenged the statute did not have standing.
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February 09, 2026
5th Circ. Tosses Challenge To La. 340B Discount Drug Rule
A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program.
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February 09, 2026
Georgia Appeals Court Reverses Attorney Disqualification
The Georgia Court of Appeals reversed a trial court order disqualifying an attorney from representing a client in a domestic relations case for allegedly inserting himself improperly into the parties' dispute, finding the client failed to meet her burden of showing he was a "necessary witness."
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February 09, 2026
9th Circ. Revives Immigration Case Due To Traffic Delays
2ND EDITING---An en banc Ninth Circuit panel ordered the Board of Immigration Appeals to reconsider whether a family's failure to appear at a hearing due to traffic delays doomed their asylum case, finding no concrete rule for what constitutes "exceptional circumstances."
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February 09, 2026
Texas, Mo. Ask Court To Keep 'Remain In Mexico' Suit Intact
Texas and Missouri claimed they have standing to challenge a Biden-era decision to do away with the "Remain in Mexico" policy, telling a Texas federal judge Friday that vacatur of the last administration's decision is appropriate even though the Trump administration reinstated the policy.
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February 09, 2026
Unions Seek To Revive Challenge To Feds' Resignation Offer
A labor coalition urged the First Circuit to revive a challenge to the Trump administration's resignation offer to federal employees last year, defending its right to sue and disputing that two niche agencies should get the first crack at its claims.
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February 09, 2026
Videographer Fights 4th Circ.'s Choice To Shipwreck IP Suit
A videographer and his production company urged the full Fourth Circuit to let him revive his copyright infringement lawsuit over footage of Blackbeard's shipwreck, arguing Monday that a panel's recent opinion to end the case laid new and overly broad pathways for pendent jurisdiction.
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February 09, 2026
Fed. Circ. Won't Reboot Startup's Patent Suit Against Shopify
The Federal Circuit on Monday declined to breathe new life into a case from a defunct digital media startup alleging that Shopify was infringing its patents by using ideas disclosed during talks about a potential partnership.
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February 09, 2026
North Dakota, DOJ Near Settlement In Dakota Access Appeal
The United States and North Dakota have reached a settlement in a $28 million dispute over protesters' efforts to stop the construction of the Dakota Access Pipeline in which the state alleged that the Army Corps and federal officials failed to manage the massive crowds.
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February 09, 2026
Catching Up With Delaware's Chancery Court
Delaware's chancellor has rejected a bid for dismissal of a derivative suit accusing Coinbase Global Inc. insiders of massively unloading shares ahead of a steep stock drop, stressing a special litigation committee's failure to meet independence standards.
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February 09, 2026
10th Circ. Ends Civil Rights Suit, Sanctions Atty For AI Errors
A self-represented Maryland attorney could not revive her $15 million racial discrimination suit against Denver-based Frontier Airlines after a Tenth Circuit panel found the district court had not erred in its dismissal, in a ruling that also sanctioned the lawyer for misusing generative artificial intelligence.
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February 09, 2026
Fed. Circ. Sends Blood Pump Patent Fight Back To Mass.
The Federal Circuit on Monday reversed a lower court's ruling that Abiomed Inc. hasn't infringed five patents on blood pump systems and methods, while backing the part of the decision that cleared the medical device technology company of allegations it infringed a different patent.
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February 09, 2026
Guam Can't Appeal Military Leave Suit Loss At 9th Circ.
A retirement fund for Guam government employees did not meet the standard for an immediate appeal of a ruling that its leave-sharing program violates federal military service protections, a federal judge ruled Monday, denying the territory's and fund's Ninth Circuit bid.
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February 09, 2026
'Baby Shark' Ruling Doesn't Stop Google Anti-Phishing Fight
A Manhattan federal judge granted injunctive relief Monday to Google in its effort to combat an alleged China-based phishing enterprise, holding that faraway defendants were properly served electronically despite an appellate ruling mandating mail service in a "Baby Shark" infringement case.
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February 09, 2026
11th Circ. Backs CBP's Female-Only Search Policy
The Eleventh Circuit on Friday affirmed a jury verdict that found the U.S. Department of Homeland Security had a legitimate reason to create three women-only assignments at the Port of Tampa, because of a U.S. Customs and Border Protection policy mandating same-gender searches of passengers.
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February 09, 2026
High Court Asked To Take Up Malpractice Case Against Akin
A former Cornell University graduate student wants the U.S. Supreme Court to review the dismissal of his suit accusing Akin Gump Strauss Hauer & Feld LLP attorneys of manipulating patent litigation to steal his DNA sequencing intellectual property.
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February 09, 2026
Ill. Court Says Judge Must Warn Inmate If Recasting Filings
A man sentenced to 37 years in prison for home invasion and other crimes should have been warned of the consequences of a judge changing his post-judgment relief petition into a post-conviction relief attempt, an Illinois appeals court has said, vacating a lower court's rejection of the man's arguments.
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February 09, 2026
Mass. Justices Urged To Keep Rent Control Initiative Off Ballot
Opponents of a proposed Massachusetts ballot measure to limit rent increases asked the state's top court to defeat the initiative before it reaches voters.
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February 09, 2026
US Backs Bid To Halt Line 5 Shutdown On Wis. Tribal Lands
The government is backing a bid by Enbridge Energy Inc. to stay an order requiring the partial removal of its Line 5 pipeline that runs through Wisconsin tribal lands, saying that while it has an interest in protecting federal trust lands, the case implicates significant interests in foreign affairs.
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February 09, 2026
Ga. Apt. Complex Seals Win Over Worker's Assault Suit
An Atlanta-area apartment complex has cemented its win in a suit over a resident and employee's alleged assault on the premises after the Georgia Court of Appeals said the tenant failed to point to anything management could have done to prevent the attack.
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February 06, 2026
5th Circ. Backs Trump Admin On Immigrants' Bond Ineligibility
A split Fifth Circuit on Friday blessed the Trump administration's policy calling for immigrants who entered the U.S. without authorization to remain in detention without a bond hearing, saying the administration is acting within its "full enforcement authority."
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February 06, 2026
Ga. Panel Backs Sperm Bank Win In 'Wrongful Birth' Case
A Georgia appeals court backed a win for sperm bank Xytex Corp. in consolidated litigation alleging the company sold sperm under false pretenses about the medical, psychological and social history of the donors.
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February 06, 2026
5th Circ. Backs Texas Farm Bureau In Ex-Manager's OT Suit
The Fifth Circuit found Friday that a former Texas Farm Bureau agency manager failed to prove his old employer owes him overtime pay, saying the ex-employee didn't show that the Farm Bureau knew he was working overtime.
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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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.
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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.