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Appellate
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February 11, 2026
Design Patent Dissent Highlights Frustration Over Subjectivity
Federal Circuit Judge Kimberly Moore's impassioned dissent to the court throwing out a design patent infringement suit captured how difficult it can be to frame comparisons, from a legal standard and based on differences in how people perceive the world, attorneys say.
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February 11, 2026
Former In-House Atty To Colo. Court: Fees Suit Isn't Frivolous
A former in-house attorney petitioned a Colorado Court of Appeals panel Wednesday to not find "frivolous" his request for the court to reverse a lower court's decision ordering attorney fees as a sanction against the attorney and his counsel in an underlying legal malpractice lawsuit.
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February 11, 2026
Justices Urged To Restore $181M Verdict Against AT&T, Nokia
Finesse Wireless LLC has asked the U.S. Supreme Court to take up its challenge to the Federal Circuit's decision wiping out a $181 million verdict against AT&T and Nokia, saying it's part of a long trend of the circuit court not respecting jury verdicts.
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February 11, 2026
Mobile Home Orgs Can't Bring Class Suit, Fla. Panel Says
A Florida panel ruled in a Wednesday split decision that two mobile homeowners' associations can't combine to bring one class action alleging unreasonable rent increases, citing state court rules that allow only one association to bring claims on behalf of its own members.
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February 11, 2026
11th Circ. Says Infirm FLSA Deal Precludes Nonwage Claims
The Eleventh Circuit shut down a lawsuit against a cannabidiol products company Wednesday, rejecting a former worker's argument that the failure to secure approval for a settlement ending a prior case where he alleged wage-and-hour violations left him an avenue to subsequently sue for fraud.
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February 11, 2026
Not 'Your Dad's DOJ': Recapping Year 1 Under Bondi
Even before her contentious congressional testimony on Wednesday, few U.S. attorneys general had been embroiled in so many controversies so early into their tenures as Pam Bondi, who critics and supporters alike say embodies a new era at the Justice Department.
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February 11, 2026
9th Circ. Won't Rethink GEO Wash. Detention Law Decision
A split Ninth Circuit spurned a bid from GEO Group on Wednesday for the full court to revisit a panel opinion siding with Washington state in the company's challenge of new health and safety standards for immigrant detention, with dissenting federal appellate judges contending that the earlier ruling "ignores both our circuit precedent and common sense."
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February 11, 2026
SNAP Recipients Appeal In 2nd Circ. Over Card Scam Suit
The Legal Aid Society and Freshfields US LLP have filed a Second Circuit appeal on behalf of Supplemental Nutrition Assistance Program recipients whose food benefits were stolen in widespread "skimming" scams, arguing that a lower court wrongly denied the victims replacement of their stolen benefits.
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February 11, 2026
Texas Justices Hint Gender-Affirming Care Suit Was Timely
Texas Supreme Court justices on Wednesday seemed open to reviving a lawsuit accusing a social worker of negligently recommending gender-affirming care for a young woman, asking defense attorneys if they could cite any instance of a medical provider telling a patient to "go harm yourself."
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February 11, 2026
9th Circ. Mulls DMCA Claim Against Microsoft And OpenAI
A group of software developers Wednesday urged the Ninth Circuit to revive their claim that Microsoft, GitHub and OpenAI violated the Digital Millennium Copyright Act by stripping copyright management information from the developers' open source code, which the companies then used to develop the artificial intelligence tools for Microsoft's Copilot software.
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February 11, 2026
Del. Justices Grapple Over Truth Social Share Math
An attorney for the firm that helped launch Donald Trump's social media company told Delaware's justices Wednesday that a vice chancellor erred in requiring the venture to "prove a negative" in calculations of investor stakes in the run-up to the venture's special purpose acquisition company transaction.
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February 11, 2026
3rd Circ. Skeptical Of NJ's Broad 'Sensitive Places' Gun Ban
The Third Circuit signaled skepticism Wednesday toward New Jersey's sweeping list of gun‑free "sensitive places," repeatedly pressing the state in an en banc rehearing for founding‑era support and a workable limiting principle as judges questioned whether the law risks eviscerating the right to carry firearms.
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February 11, 2026
Fla. Panel Orders New Trial Over Forcible-Felony Instruction
A Florida appeals court ordered a new trial Wednesday for a man convicted of being a principal in a murder, after finding an incorrect jury instruction undermined his trial defense that the use of force was justified.
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February 11, 2026
Ariz. Justices Say Screening Didn't Create Client Relationship
The Arizona Supreme Court ruled Wednesday that a social worker who conducted a brief crisis screening of a patient could testify at an involuntary treatment hearing, holding that the interaction did not create a confidential behavioral health professional-client relationship and therefore was not protected by privilege.
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February 11, 2026
4th Circ. Revives School Shooting Suit Against Gunmakers
A split Fourth Circuit panel Wednesday revived a lawsuit against a number of gun manufacturers brought by two victims of a 2022 school shooting in Washington, D.C., finding that the victims indeed had standing to bring their claims.
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February 11, 2026
Supreme Court Sets April Argument For 'Skinny Label' Case
The U.S. Supreme Court has set an April 29 date for oral arguments in Hikma Pharmaceutical Inc.'s appeal of a decision that revived a patent case over its "skinny label" on a generic heart drug.
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February 11, 2026
7th Circ. Mulls Expiration Date Of Teva, Eli Lilly Patent Deal
Seventh Circuit judges Wednesday pressed counsel for Teva Pharmaceuticals USA Inc. to address how long a settlement under which Eli Lilly & Co. agreed not to block the approval and marketing of Teva's generic version of its osteoporosis drug Forteo could reasonably remain in effect, given Teva's drug wasn't ready for market until years after the underlying patent dispute.
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February 11, 2026
Crypto Scam Victims Can't Sue Signature Bank, 2nd Circ. Says
The Second Circuit has upheld the dismissal of a suit by a cryptocurrency trading club against the Federal Deposit Insurance Corp., as receiver of the failed Signature Bank, alleging negligence by the bank led to the club being defrauded and losing much of the $33 million invested in it.
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February 11, 2026
Apple Keeps PTAB Win Over Fintiv Patent Claims At Fed. Circ.
The Federal Circuit on Wednesday upheld Apple's Patent Trial and Appeal Board win in its challenge to claims in a patent issued to the defunct Austin, Texas-based mobile payment startup that would become Fintiv.
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February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students
Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
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February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling
U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
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February 11, 2026
Panel OKs Dismissal Of Ex-Mich. Trooper's Whistleblower Suit
A former Michigan State Police trooper can't pursue state-court claims that he was canned for complaining about supervisors drinking alcohol on the job, an appellate court has ruled, because the state's civil service commission has exclusive jurisdiction over the matter.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Intel 401(k) Suit Arguments Pushed To Next High Court Term
The U.S. Supreme Court will wait until next term to hear arguments in an appeal from Intel ex-workers seeking to revive proposed class allegations that their 401(k) retirement savings were dragged down by underperforming target-date funds, a delay confirmed by justices' April calendar posted on Wednesday.
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February 11, 2026
7th Circ. Denies New Trial To Convicted Tax Preparer
A tax preparer convicted of filing false returns and stealing her grandmother's pension will not receive a new trial, the Seventh Circuit ruled, rejecting her argument that a lower court made a mistake in allowing her to represent herself.
Expert Analysis
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Series
Muay Thai Makes Me A Better Lawyer
Muay Thai kickboxing has taught me that in order to win, one must stick to one's game plan and adapt under pressure, just as when facing challenges by opposing counsel or judges, says Mark Schork at Feldman Shepherd.
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Higher Expectations For 'Schedule A' IP Suits On The Horizon
Two 2025 rulings may reflect a growing judicial discomfort with the current state of Schedule A litigation — intellectual property lawsuits that typically involve brand owners suing multiple defendants doing business on e-commerce platforms — and that evidentiary submissions and temporary restraining order requests may face more rigorous review, says Dylan Scher at Quinn Emanuel.
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Series
Law School's Missed Lessons: Intentional Career-Building
A successful legal career is built through intention: understanding expectations, assessing strengths honestly and proactively seeking opportunities to grow and cultivating relationships that support your development, say Erika Drous and Hillary Mann at Morrison Foerster.
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Key Trends In PFAS Regulation And Litigation For 2026
As 2026 begins, the legal and regulatory outlook for per- and polyfluoroalkyl substances is defined less by sweeping federal initiatives and more by incremental adjustments, judicial guardrails and state-driven regulations — an environment in which proactive risk management and close monitoring of policy developments will be essential, say attorneys at MG+M.
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2nd Circ. Ruling Shows Procedural Perils Of Civil Forfeiture
The Second Circuit’s recent U.S. v. Ross decision, partially denying the return of an attorney's seized funds based on rigid standing requirements, underscores the unforgiving technical complexities of civil asset forfeiture law, and provides several lessons for practitioners, says Elisha Kobre at Sheppard Mullin.
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Justices' Separation-Of-Powers Revamp May Hit States Next
The U.S. Supreme Court's 2024 decision in U.S. Securities and Exchange Commission v. Jarkesy quietly laid the groundwork for an expansion of the court's separation-of-powers agenda beyond the federal level, but regulated parties and state and local governments alike can act now to anticipate Jarkesy's eventual wider application, say attorneys at Troutman.
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3 Securities Litigation Trends To Watch In 2026
Pending federal appellate cases suggest that 2026 will be a significant year for securities litigation, with long-standing debates about class certification, new questions about the risks and value of artificial intelligence features, and private plaintiffs' growing role in cryptocurrency enforcement likely to be major themes, say attorneys at Willkie.
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5 Tariff And Trade Developments To Watch In 2026
A new trade landscape emerged in 2025, the contours of which will be further defined by developments that will merit close attention this year, including a key ruling from the U.S. Supreme Court and a review of the U.S.-Mexico-Canada Agreement, says Ted Posner at Baker Botts.
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Funding Haze And Deregulatory Pursuits: The CFPB In 2026
In 2025, the Consumer Financial Protection Bureau did not seek additional funding from the Federal Reserve and unwound the legacy of former bureau leadership, and this year will bring further efforts to rescind or rewrite bureau regulations, as well as a changed tone to supervision efforts, say attorneys at Covington.
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4 Developments That Defined The 2025 Ethics Landscape
The legal profession spent 2025 at the edge of its ethical comfort zone as courts, firms and regulators confronted how fast-moving technologies and new business models collide with long-standing professional duties, signaling that the profession is entering a period of sustained disruption that will continue into 2026, says Hilary Gerzhoy at HWG Law.
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5 Trade Secret Developments To Follow In 2026
Watch for major developments in trade secret law this year, especially as courts clarify the reach of U.S. law internationally, the availability of trade secret damages and more, say attorneys at Faegre Drinker.
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Top 10 Employer Resolutions For 2026
Heightened regulatory attention, shifting enforcement priorities and increased litigation risk mean that routine workplace decisions in 2026 will require greater discipline and foresight, including in relation to bias and inclusion training, employee resource groups, employee speech, immigration compliance, workplace accommodations, and shadow artificial intelligence, say attorneys at Krevolin & Horst.
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Navigating AI In The Legal Industry
As artificial intelligence becomes an increasingly integral part of legal practice, Law360 guest commentary this year examined evolving ethical obligations, how the plaintiffs bar is using AI to level the playing field against corporate defense teams, and the attendant risks of adoption.
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4 California Insurance Law Decisions To Know From 2025
California continued to shape the national insurance landscape in 2025, issuing a series of decisions that may recalibrate claims handling, underwriting strategy and policy drafting in areas from property damage claims after a wildfire to automobile coverage for delivery drivers in the gig economy, say attorneys at Nicolaides Fink.
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The Major Securities Litigation Rulings And Trends Of 2025
The past 12 months saw increased regulator focus on disclosures concerning artificial intelligence, signs of growing judicial scrutiny at the class certification stage, and shifting regulatory priorities at the U.S. Securities and Exchange Commission — all major developments that may significantly affect securities litigation strategy in 2026 and beyond, say attorneys at Debevoise.