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Appellate
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February 26, 2026
Justices Told 'Skinny Label' Case Puts Generic Drugs At Risk
The U.S. government, one named sponsor of the Hatch-Waxman Act, a generic-drug industry group and more have warned the U.S. Supreme Court that a decision that allowed a patent case involving a so-called skinny label to proceed threatens the availability of low-cost generic drugs.
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February 26, 2026
6th Circ. Skeptical Of Jurisdiction In NLRB Decert. Challenge
The Sixth Circuit appeared unlikely Thursday to revive a construction company's challenge to a National Labor Relations Board decision tossing a petition to oust a union representing workers at the company, with judges skeptical they had jurisdiction to consider the dispute under federal labor law's limitations on representation case appeals.
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February 26, 2026
Dolby Asks High Court To Review PTAB Interested-Party Fight
Dolby urged the U.S. Supreme Court to scrutinize a Federal Circuit decision denying its appeal of Patent Trial and Appeal Board proceedings decided in its favor, saying that Unified Patents' failure to disclose all the relevant parties is reviewable and defies the America Invents Act.
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February 26, 2026
Judge Unlikely To Lift Feds' Sanctions For Protester Removals
A Massachusetts federal judge who ruled two Cabinet-level officials in the Trump administration targeted pro-Palestinian protesters for removal based on their speech appeared unmoved Thursday by the government's request to lift his sanctions while it appeals.
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February 26, 2026
Fed. Circ. Affirms Chip Patent Claims Are Invalid
The Federal Circuit on Thursday affirmed a Delaware federal judge's decision that a set of patents covering computer chip design were invalid under the so-called Alice test, clearing semiconductor makers Siemens and GlobalFoundries of infringement allegations.
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February 26, 2026
6th Circ. Backs Officer's Immunity In Vacated-Conviction Case
The Sixth Circuit has ruled that a Detroit man whose drug conviction was vacated cannot move forward with his civil rights lawsuit against a narcotics officer, finding he failed to show the officer falsified a search warrant affidavit or failed to turn over evidence favorable to the defense.
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February 26, 2026
TikTok, Meta Get Hot Bench In 'Subway Surfing' Death Appeal
Social media giants TikTok and Meta Thursday faced a barrage of questions by New York state appellate court judges as the companies seek dismissal of a lawsuit over the death of a boy who climbed atop a moving subway car, which his parent alleged was due to a "challenge" video pushed to minors.
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February 26, 2026
4th Circ. Revives Secrets Charges Against Ex-Deloitte Workers
The Fourth Circuit on Thursday revived the bulk of the charges against two former Deloitte workers accused of stealing the company's trade secrets, disagreeing with a lower court that dismissed the case because of the government's delay in bringing it.
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February 26, 2026
11th Circ. Accuses CSX Of 'Semantics Games' In Fla. Trail Spat
CSX's bid to throw out a Surface Transportation Board ruling that revoked approval for a purported rails-to-trails project in St. Petersburg, Florida, was met with skepticism from an Eleventh Circuit panel Thursday that seemed to doubt the railway's claimed limits on the board's authority.
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February 26, 2026
Biz Owner Gets £2M Tax Evasion Penalty Tossed As Unfair
A company owner isn't liable for a nearly £2 million ($2.7 million) civil tax evasion penalty because HM Revenue & Customs didn't raise its claims of dishonesty by the owner in a prior proceeding it relied on later, a London court said Thursday.
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February 26, 2026
5th Circ. Affirms FDA's Vape Rule Despite Small Biz Concerns
The Fifth Circuit on Thursday affirmed that the U.S. Food and Drug Administration complied with the law when it promulgated a new rule requiring companies seeking premarket authorization of new tobacco products to investigate the product's health effects.
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February 26, 2026
India Looks To Nix $156M Deutsche Telekom Award Suit
India is urging a D.C. federal court not to enforce a nearly $156 million arbitral award issued to Deutsche Telekom AG over a nixed satellite lease and telecommunications deal, arguing that it never agreed to arbitrate this type of dispute and that the deal was nixed over "essential security" issues.
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February 26, 2026
11th Circ. Axes ATM Co.'s Latest Bid To Revive Patent Dispute
The Eleventh Circuit ended an ATM technology company's attempt to relitigate a patent infringement suit against a competitor, ruling Thursday that the claims are barred because they could have been brought up in a previous suit.
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February 26, 2026
NYC Officials Urge 2nd Circ. Not To Block Pot Enforcement
New York City officials are asking the Second Circuit to deny a bid from two business owners to block enforcement of the city's cannabis laws against their club while they appeal a lower court decision, saying they don't have standing to seek the injunction.
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February 26, 2026
Ga. Panel Eyes Alternative Discipline Against Resigned Judge
The investigative panel of the Georgia judicial ethics commission told the state Supreme Court on Thursday that it wants to consider sanctions other than removal against a former Fulton County Superior Court judge now that she has resigned, arguing that "judges cannot resign in order to avoid discipline for judicial misconduct."
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February 26, 2026
Mich. Court Affirms 911 Caller's DUI Claim Lacked Solid Detail
A Michigan appeals court has ruled a 911 caller's claim that two motorcyclists were drunk after drinking several beers at a county fair did not give police reasonable suspicion to stop one of them, tightening the standard for when citizen tips can justify DUI traffic stops.
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February 26, 2026
Reed Smith Says Atty Can't Expand Pay Bias Damages Period
Reed Smith LLP is urging a New Jersey state court to rule that an attorney who claimed the firm unlawfully underpaid her cannot expand the time window for which she's seeking damages, arguing a legal doctrine used to revive continuing claims can't be used to collect back pay.
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February 26, 2026
Are New Police Drone Programs A Big Help Or Big Brother?
Police are increasingly using drones as first responders to 911 calls, a practice they say helps them respond to crises much faster with far fewer officers, but that privacy advocates warn could lead to mass, warrantless surveillance.
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February 26, 2026
Feds Back Pharma In 340B Contract Pharmacy Disputes
State laws that block drugmakers from imposing restrictions on federally funded hospitals and the contract pharmacies they use to dispense discounted drugs under the 340B drug discount program are violating federal law, the Trump administration said, siding with manufacturers in their bid to strike down these laws.
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February 26, 2026
Trump Admin Asks Justices To Intervene In Syria TPS Fight
The Trump administration urged the U.S. Supreme Court on Thursday to block lower courts from delaying its termination of temporary protected status for Syrian nationals, noting the high court has already done so twice for its TPS revocation regarding Venezuelan nationals.
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February 26, 2026
9th Circ. Backs L3Harris In Fired Worker's PTSD Bias Suit
The Ninth Circuit backed defense contractor L3Harris' win in a suit claiming it unlawfully fired a painter because of his post-traumatic stress disorder, finding he admitted in an application for disability benefits that he wasn't able to work by the time he was terminated.
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February 26, 2026
3 Federal Circuit Clashes To Watch In March
The Federal Circuit will consider a pair of nine-figure patent cases next month, as ClearPlay seeks to revive a $469 million verdict against Dish Network that a judge threw out, while Netlist aims to preserve a $303 million finding that Samsung infringed its patents, and undo decisions invalidating them.
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February 25, 2026
Contractors Could Face Lengthier Suits After Justices' Ruling
Government contractors could see more, longer litigation after the U.S. Supreme Court rejected GEO Group Inc.'s attempt to immediately appeal a district court order denying its claim for immunity from immigrant detainees' forced-labor claims.
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February 25, 2026
Fed. Circ. Gene Therapy Ruling Gives Rare Eligibility Clarity
When the Federal Circuit revived the University of Pennsylvania's gene therapy patent last week, it provided a bright-line rule that's often missing in the debate over patent eligibility, attorneys say.
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
Expert Analysis
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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.
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Navigating Trade Secret Exceptions In Noncompete Bans
Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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Justices' BDO Denial May Allow For Increased Auditor Liability
The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.