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Appellate
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February 25, 2026
5th Circ. Revives Texas Judge's Suit Over Same-Sex Weddings
The Fifth Circuit has cleared the way for a Texas state judge to seek damages in a lawsuit against the Texas Commission on Judicial Conduct over whether judges can refuse to conduct same-sex weddings on religious grounds while agreeing to conduct marriages for heterosexual couples, sending the case back to the trial court.
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February 25, 2026
Full Fed. Circ. Won't Hear Comcast Venue Change Bid
The Federal Circuit on Wednesday denied a request from Comcast for the full court to review its arguments that a patent infringement case it's facing should be transferred to the Eastern District of Pennsylvania.
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February 25, 2026
5th Circ. Says Ex-Worker's Obstinance Sinks Retaliation Suit
The Fifth Circuit refused to reopen a former educator's lawsuit claiming a Mississippi school district forced her to resign because she ended a romantic relationship with a school administrator, saying that tossing her case was warranted because she'd been "stubbornly resistant" to the trial court.
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February 25, 2026
Fed. Circ. Pressed To Immediately Release Tariff Mandate
Small businesses behind the successful challenge to President Donald Trump's emergency tariffs asked the Federal Circuit Tuesday to immediately issue its mandate so the lower U.S. Court of International Trade can consider how to order the government to issue refunds for importers that paid the unlawful duties.
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February 25, 2026
9th Circ. Rules K-12 Mental Health Grants Must Continue
The U.S. Department of Education must fund K-12 mental health grants given to public schools to help students cope with school shootings, the Ninth Circuit ruled, denying the agency's emergency request to pause a lower court's permanent injunction pending an appeal.
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February 25, 2026
Justices Set New Limits On Recess Testimony Talks
A unanimous Supreme Court set limits Wednesday on the right to counsel during overnight breaks in a defendant's testimony under the Sixth Amendment, ruling that prohibiting talk about "testimony for its own sake" strikes an appropriate constitutional balance.
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February 25, 2026
High Court Says GEO Group Can't Appeal Immunity Ruling
The U.S. Supreme Court ruled Wednesday that GEO Group Inc. cannot immediately appeal a district court decision that found it does not derive sovereign immunity from the federal government in a forced labor class action brought by immigrant detainees.
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February 24, 2026
DC Circ. Weighs Power To Keep CFPB Job Cuts On Hold
D.C. Circuit judges wrestled Tuesday with the Trump administration's push to lift an injunction blocking mass layoffs at the Consumer Financial Protection Bureau, signaling doubts about the government's position that the lower court order was wholly ill-founded and overbroad.
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February 24, 2026
9th Circ. Grants Atty Fee Appeal In Eye Drop Pricing Suit
District courts cannot reduce fee awards to attorneys based on a firm's size, the Ninth Circuit ruled in a published opinion Tuesday, sending a case back to a California federal court to recalculate attorney fees awarded to a "small" firm that represented wholesalers in a Robinson-Patman Act suit against eye drop manufacturers.
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February 24, 2026
Trump Says Countries Will Keep Deals Despite Tariff Ruling
President Donald Trump said trade deals reached with countries underpinned by tariffs invalidated by the U.S. Supreme Court would continue to be honored during his State of the Union on Tuesday evening, although it remained unclear precisely how those duty terms will be reimposed domestically.
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February 24, 2026
7th Circ. Questions Keeping 5 NEC Suits In Federal MDL
A Seventh Circuit panel seemed hesitant Tuesday to back an Illinois federal court's finding that several Pennsylvania-based necrotizing enterocolitis suits should stay in multidistrict litigation involving similar cases, as one judge suggested that supporting the lower court's fraudulent joinder analysis could put district judges in a "tough spot."
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February 24, 2026
Meta's Win Upheld In Investor Row Over Apple's Ad Changes
The Ninth Circuit on Tuesday affirmed the toss of a putative investor class action accusing Meta Platforms Inc. of hiding the financial impact of Apple's privacy changes on its business, finding that the plaintiffs had failed to plead the necessary elements to sustain their fraud claims.
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February 24, 2026
Ill. Café Urges 7th Circ. To Revive Licensing Bias Suit
A Chicago-area café urged the Seventh Circuit on Tuesday to revive claims that it was unconstitutionally denied a liquor license for a tavern it planned to acquire, saying admitted animus over the owner's effort to shed light on red-light-camera-related corruption should overcome any rational basis analysis over the denial.
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February 24, 2026
10th Circ. Strikes Down Warrants For Protester's Data
The Tenth Circuit on Tuesday reined in police officers' immunity in a lawsuit over search warrants for electronic devices and the data on them, largely agreeing with a housing-rights protester and an organizer that Colorado Springs, Colorado, police officers' warrants to obtain their data were overbroad.
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February 24, 2026
10th, 5th Circ. Stalwarts Step Back From Bench
U.S. Circuit Judge Timothy Tymkovich has announced that he'll take senior status from his seat on the Tenth Circuit, just a day after U.S. Circuit Judge James L. Dennis said he'd step down from the Fifth Circuit.
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February 24, 2026
Alaska Airlines Attendant Wins COVID Workers' Comp Appeal
Washington appellate judges sided with an Alaska Airlines flight attendant Tuesday in a workers' compensation dispute, upholding a jury verdict that Lisa M. Azorit-Wortham's March 2020 COVID-19 infection while traveling for work should be covered as an occupational disease.
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February 24, 2026
6th Circ. Affirms Dismissal Of Sotera Toxic Gas Investor Suit
The Sixth Circuit on Tuesday affirmed a lower court's dismissal of an investor lawsuit accusing Sotera Health Co. of concealing the carcinogenic nature of a gas used at its sterilization plants, finding Sotera did not make any actionable false or misleading statements to investors.
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February 24, 2026
DC Circ. Presses Gov't On Reason For $20B EPA Clawback
The full D.C. Circuit gave the federal government the third degree Tuesday as it tried to convince the court that it should stick with a panel's decision that the Environmental Protection Agency is allowed to freeze $20 billion in grant funds intended for green groups.
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February 24, 2026
DJI Asks 9th Circ. To Strike Down FCC 'Covered List' Ruling
Drone maker DJI has decided not to wait to find out whether the Federal Communications Commission will reconsider its decision to place many of its products on the "covered list" before appealing to the Ninth Circuit the ruling declaring its products suspect.
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February 24, 2026
Lindis Decries Erasing $50M Verdict Over Inequitable Conduct
A Delaware federal judge wrongly overruled Lindis Biotech's $50 million infringement verdict against Amgen by falsely concluding an inventor intended to deceive the patent office during prosecution, the German company has told the Federal Circuit.
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February 24, 2026
High Court Won't Stay Dow Corning Breast Implant Fund Row
The U.S. Supreme Court on Tuesday denied a request to stay a lower court's order permanently wiping out the claims of more than 2,600 Koreans who said they were failed by how the settlement was structured, as they were given notice only in English regarding their claims.
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February 24, 2026
Texas Panel Skeptical That Doctor's Hands Are Property
A Texas appellate court appeared dubious at a claim that a doctor's hands count as personal property in a case accusing a state-owned hospital of healthcare negligence, asking Tuesday what to do with the state Supreme Court's instruction to narrowly construe waivers of sovereign immunity.
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February 24, 2026
Heirs Push DC Circ. To Rehear Nazi Art Expropriation Case
The descendants of a Hungarian Jewish art collector trying to recover a Nazi-looted art collection have asked the full D.C. Circuit to rehear their appeal, arguing that a three-judge panel of the court erred in affirming a lower court's dismissal of their lawsuit.
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February 24, 2026
Enbridge Opposes High Court Exam Of Mich. Immunity Claims
Enbridge Energy is urging the U.S. Supreme Court not to examine the Michigan governor's sovereign immunity claims as it fights her decision to revoke a pipeline easement, arguing she has sought to "manufacture" a conflict in federal precedent.
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February 24, 2026
4th Circ. Nixes Tree Farm Plans For Va. Golf Community
The Fourth Circuit on Tuesday found that a Virginia Beach, Virginia, residential community for seniors can restrict a company from planting over a centerpiece golf course with trees, in a dispute that escalated after the company put up a "spite fence" and banned walking on the course.
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.