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Appellate
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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.
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February 25, 2026
Jail Threat Impossible For Already-Jailed Insurance Magnate
North Carolina insurance billionaire Greg Lindberg doesn't face the threat of immediate imprisonment for violating a $122 million contempt order because he's already in jail, a group of insurance companies told North Carolina's highest court.
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February 25, 2026
11th Circ. Questions 'Problematic' Juror Removal In Tax Case
The Eleventh Circuit hinted Wednesday that the dismissal of a juror in a trial against an accountant and an attorney accused of tax fraud may have been improper because the trial judge spoke privately with jury members about their vote split before the two men were convicted.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
6th Circ. Says All Of Paralegal's Bias Suit Is Arbitration-Exempt
The Sixth Circuit ruled Wednesday that Adams and Reese LLP can't send a fired paralegal's sex harassment and disability bias suit to arbitration, ruling that a law that bars mandatory out-of-court resolutions for sexual harassment cases applies to the entirety of her lawsuit.
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February 25, 2026
FBI Searches LAUSD Headquarters, Superintendent's Home
The FBI on Wednesday searched Los Angeles Unified School District Superintendent Alberto Carvalho's home and the headquarters of the United States' second-largest school district, which said it is cooperating with the investigation.
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February 25, 2026
Fed. Circ. Told New Ruling Backs Patent Win Against Amazon
Software company Kove IO Inc. told the Federal Circuit that the court's ruling in a recent case undermines Amazon's argument that a $673 million judgment against it for infringing cloud data storage patents should be thrown out.
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February 25, 2026
Fla. Court Ditches Med Mal Suit For 'Boilerplate' Expert Report
A Florida appeals court on Wednesday tossed a suit blaming a hospital for a newborn's delayed development, saying a "vague, conclusory and boilerplate" medical expert opinion submitted by the parents did not satisfy the presuit notice required by state law.
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February 25, 2026
Conn. Supreme Court Reinstates Manslaughter Conviction
The Connecticut Supreme Court has reinstated a reckless manslaughter conviction for a man who shot his girlfriend with a replica antique firearm, finding the man was not entitled to a jury instruction related to his general intent to commit a crime.
Expert Analysis
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Series
Adapting To Private Practice: 5 Tips From Ex-SEC Unit Chief
My move to private practice has reaffirmed my belief in the value of adaptability, collaboration and strategic thinking — qualities that are essential not only for successful client outcomes, but also for sustained professional satisfaction, says Dabney O’Riordan at Fried Frank.
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5 Drug Pricing Policy Developments To Watch In 2026
2026 may prove to be a critical year for drug pricing in the U.S., with potential major shifts including several legislative initiatives moving forward after being in the works for years, and more experimentation on the horizon concerning GLP-1s and Section 340B pricing, say attorneys at Manatt.
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2026 Int'l Arbitration Trends: Awards Against Sovereign States
The enforcement of arbitral awards against sovereign states is one of the most contentious and rapidly evolving areas in international arbitration, with three defining issues on the 2026 horizon: the scope of sovereign immunity, assignability of rights, and availability of fraud and corruption defenses, say attorneys at Cleary.
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Series
Law School's Missed Lessons: How To Start A Law Firm
Launching and sustaining a law firm requires skills most law schools don't teach, but every lawyer should understand a few core principles that can make the leap calculated rather than reckless, says Sam Katz at Athlaw.
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Opinion
What Justices Got Right In Candidate Standing Ruling
The U.S. Supreme Court's decision this month in Bost v. Illinois State Board of Elections broadens standing for candidates challenging state election rules, marking a welcome shift from other decisions that have impeded access to federal courts, says Daniel Tokaji at the University of Wisconsin Law School.
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Justices' Med Mal Ruling May Hurt Federal Anti-SLAPP Suits
The U.S. Supreme Court's recent decision in Berk v. Choy restricts the application of certain state laws in diversity actions in federal court — and while the ruling concerned affidavit requirements in medical malpractice suits, it may also affect the use of anti-SLAPP statutes in federal litigation, says Travis Chance at Brownstein Hyatt.
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Fed. Circ. Patent Decisions In 2025: An Empirical Review
In 2025, the Federal Circuit's increased output was not enough to keep up with its ever-growing patent case load, and patent owners and applicants fared poorly overall as the court's affirmance rate fell, says Dan Bagatell at Perkins Coie.
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Key False Claims Act Trends From The Last Year
The False Claims Act remains a powerful enforcement tool after some record verdicts and settlements in 2025, and while traditional fraud areas remain a priority, new initiatives are raising questions about its expanding application, says Veronica Nannis at Joseph Greenwald.
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Series
Hosting Exchange Students Makes Me A Better Lawyer
Opening my home to foreign exchange students makes me a better lawyer not just because prioritizing visiting high schoolers forces me to hone my organization and time management skills but also because sharing the study-abroad experience with newcomers and locals reconnects me to my community, says Alison Lippa at Nicolaides Fink.
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Postconviction Law In 2026: A Recalibration, Not A Revolution
As the U.S. Supreme Court prepares to issue decisions in several federal postconviction cases in the coming months, the justices appear focused on restoring coherence to a system in which sentencing modification, collateral review and finality increasingly overlap, and success for practitioners will depend on strategic clarity, say attorneys at the Law Offices of Alan Ellis.
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How Mediation Can Lead To Better Environmental Settlements
The Tenth Circuit's recent directive to the parties litigating Denver Water's expansion of the Gross Reservoir and Dam to mediate their dispute is a reminder that mediation in environmental matters can save time and money, and achieve a settlement that helps both sides reach their goals, says Heidi Friedman at Thompson Hine.
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How A 1947 Tugboat Ruling May Shape Work Product In AI Era
Rapid advances in generative artificial intelligence test work-product principles first articulated in the U.S. Supreme Court’s nearly 80-year-old Hickman v. Taylor decision, as courts and ethics bodies confront whether disclosure of attorneys’ AI prompts and outputs would reveal their thought processes, say Larry Silver and Sasha Burton at Langsam Stevens.
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Opinion
Faulty Legal Assumptions Obscure Police Self-Defense Law
As illustrated by the public commentary surrounding the shooting of Renee Nicole Good by an immigration agent, lawyers sometimes have mistaken assumptions about the applicability of self-defense when law enforcement officers deploy deadly force, but the governing legal standard is clear, says Markus Funk at White & Case.
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2026 Int'l Arbitration Trends: Tariffs Drive Transformation
In 2025, the Trump administration's sweeping tariffs triggered an unprecedented wave of trade-related disputes — and this, along with evolving M&A practices, the challenges of enforcing arbitral awards against sovereign states, and the role of emerging technologies, will continue to drive international arbitration trends this year, say attorneys at Cleary.
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Takeaways From 7th Circ.'s Bank Fraud Conviction Reversal
The Seventh Circuit’s recent decision in U.S. v. Robinson, holding that a bank fraud conviction must be grounded in a clear misrepresentation to the financial institution itself, signals that the court will not hesitate to correct substantive errors, even in unpreserved challenges, say attorneys at Quinn Emanuel.