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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
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.
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February 05, 2026
Fed. Circ. Supports No Infringement Ruling In Ladder IP Case
The Federal Circuit on Thursday refused to revive a Little Giant Ladder Systems lawsuit accusing a rival of infringing a patent on a ladder with a locking mechanism, agreeing with a lower court's rejection of the patent owner's two infringement theories.
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February 05, 2026
TikTok Urges NC Justices To Toss State's Addictive App Suit
The North Carolina attorney general can't haul California-based TikTok Inc. and its now-minority Chinese owner ByteDance Inc. into state court to hash out addictive app and deceptive marketing claims solely because the online platform can be accessed in the Tar Heel State, the companies have told North Carolina's highest court.
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February 05, 2026
9th Circ. Rejects Qualified Immunity For Ariz. Police Shooting
The Ninth Circuit has ruled that a family can continue their case against a sheriff who, thinking a car key fob was a gun, killed their relative, affirming there were enough disputed facts to bar the Arizona officer from asserting qualified immunity for his actions.
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February 05, 2026
DOJ Tells Immigration Board, Limit Cases Without Novel Issue
The U.S. Department of Justice on Thursday issued a rule directing its Board of Immigration Appeals to swiftly dismiss cases that don't raise "novel" issues to confront a backlogged docket of noncitizens contesting removal orders and other immigration court decisions.
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February 05, 2026
Fed. Circ. Upholds $1.5B In US Commerce IT Contracts
The Federal Circuit said in a Thursday decision that it was within the purview of the U.S. Department of Commerce to scrap all the awards for $1.5 billion in IT contracts and restart the evaluation process.
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February 05, 2026
Trump Admin Asks 4th Circ. To Unfreeze ACA Rule Changes
The Trump administration is urging the Fourth Circuit to let it plow ahead with two changes to Affordable Care Act regulations that a Maryland federal judge froze in August, arguing the rule changes are within the U.S. Department of Health and Human Services' power to enact.
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February 05, 2026
Arbitration Pact Doesn't Block Race Bias Suit, 6th Circ. Says
The Sixth Circuit backed a trial court's ruling that an arbitration agreement didn't apply to a Black ex-security officer's suit claiming Detroit's Renaissance Center failed to address concerns that white officers mistreated their Black co-workers, ruling a grammatical decision in the pact keeps his case in court.
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February 05, 2026
Judiciary Backs Bill To Let Judges Carry Concealed Guns
The federal judiciary has come out in support of a Republican-led bill to allow judges and prosecutors to carry concealed firearms across state lines, according to a letter obtained by Law360.
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February 05, 2026
4th Circ. Upholds Conviction, 40-Year Sentence In Drug Case
The Fourth Circuit declined to overturn the conviction and 40-year sentence of a man found guilty of multiple drug and firearms offenses, finding that his trial was fair and that a trial court correctly applied obstruction of justice and leadership enhancements to his case.
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.