Appellate

  • February 09, 2026

    Frontier Airlines To Face Racial Bias Suit On 9th Circ. Remand

    The Ninth Circuit on Monday largely revived a racial bias lawsuit against Frontier Airlines, saying in an unpublished opinion that a jury could possibly find for the father-and-son passengers based on the case's facts.

  • February 09, 2026

    6th Circ. Revives Drexel's Herbicide Contract Beef With Gowan

    The Sixth Circuit on Monday held that a Tennessee federal court misinterpreted a profit-sharing agreement resolving an herbicide product registration dispute between Drexel Chemical Co. and Gowan Co. LLC, siding with Drexel on when the agreement terminated and reviving Drexel's suit over it.

  • February 09, 2026

    Feds Want Bannon's Contempt-Of-Congress Conviction Axed

    Federal prosecutors on Monday moved to toss former White House adviser Steve Bannon's contempt-of-Congress conviction before a trial court, spurring the U.S. solicitor general to similarly ask the U.S. Supreme Court to vacate a D.C. Circuit judgment, which had rejected Bannon's advice-of-counsel defense and affirmed his conviction.

  • February 09, 2026

    9th Circ. Judge Casts Doubt On Feds' Grant Condition Stance

    A Ninth Circuit judge expressed skepticism Monday as the Trump administration argued it could legally impose new rules barring federal grant recipients from using the money for diversity programming, suggesting that the government had misread Title VI of the Civil Rights Act of 1964.

  • February 09, 2026

    Fed. Circ. Mulls Whether Digital Ad Patent Can Survive Alice

    An advertising management system company tried to persuade the Federal Circuit on Monday to revive its infringement suit against Google and YouTube, saying its patent was wrongly found to cover an abstract idea.

  • February 09, 2026

    Immigration Judge Ends Tufts Student's Removal Proceeding

    Tufts University graduate student Rümeysa Öztürk is no longer subject to removal proceedings, after an immigration judge ruled that the U.S. Department of Homeland Security had not shown that she should be deported, her lawyers said Monday.

  • February 09, 2026

    Goldstein's Defense Questions Missing Tax Emails

    Document retention at the outside accounting firm for SCOTUSblog founder Thomas Goldstein and his law firm took center stage at the U.S. Supreme Court lawyers' tax fraud trial Monday, as the defense claimed that the accountants' internal emails about Goldstein's tax returns were never produced despite being sought in subpoenas.

  • February 09, 2026

    4th Circ. Reopens Class Action Door In Navy Federal Bias Suit

    A panel of the Fourth Circuit said Monday that a federal district judge moved too quickly in foreclosing class action status in a lawsuit accusing Navy Federal Credit Union of mortgage lending discrimination, ruling that class allegations should not have been altogether struck down before discovery. 

  • February 09, 2026

    Texas AG Slams Animal Processing Plant's 'Death' Smell

    An animal byproducts processing plant in Bastrop, Texas, illegally spewed chemicals and foul odors that smelled like "death" into surrounding communities, Texas Attorney General Ken Paxton alleged Monday in an enforcement action. 

  • February 09, 2026

    9th Circ. Sides With Forest Service In $33M Ore. Wildfire Suit

    A Ninth Circuit panel Monday threw out a lawsuit from two Oregon lumber companies that accused the U.S. Forest Service of bungling its response to a 2020 wildfire in the Willamette National Forest, ruling that the agency can't be sued because it was acting within its discretion.

  • February 09, 2026

    Colo. Hight Court To Rule On Firearm Toolmark Admissibility

    Colorado's highest court agreed Monday to take up the validity of firearm toolmark analysis via two criminal cases that challenge the method of matching shell casings to specific weapons as unscientific and inadmissible under state evidence rules.

  • February 09, 2026

    Fed. Circ. Uses Alice To Scrap $2.5M Netflix Patent Verdict

    The Federal Circuit on Monday threw out a California jury's $2.5 million verdict against Netflix for infringing a GoTV Streaming LLC patent on wireless content delivery, agreeing with the streaming giant that the patent and two others are invalid because they cover only abstract ideas.

  • February 09, 2026

    Split 8th Circ. Says Drug User Gun Conviction Lacks Detail

    A partially split Eighth Circuit panel has vacated a portion of a man's firearm possession conviction, finding that a trial court must make a determination about whether the man poses a threat to the general public because of his drug use.

  • February 09, 2026

    9th Circ. Backs Comerica's Escape From Investor Suit

    The Ninth Circuit backed Comerica's win in an investor dispute led by a pension fund accusing the bank of misleading investors about its oversight of a U.S. Department of the Treasury contract, concluding a California federal judge was right to permanently toss the case for failure to state a claim.

  • February 09, 2026

    Citadel Securities Rival Backs New Exchange Before 11th Circ.

    Wall Street reform advocates and a Citadel Securities LLC competitor have stepped forward to support Investors Exchange LLC in its bid to keep a new options exchange alive, telling the Eleventh Circuit that the exchange will create more competition to the benefit of investors.

  • February 09, 2026

    8th Circ. Lets Stand Minn. Law Banning Election Deepfakes

    The Eighth Circuit on Monday declined to block Minnesota's law criminalizing deepfakes that are designed to influence elections, holding in a published opinion that a state legislator waited too long to seek emergency relief and that a political commentator who also challenged the statute did not have standing.

  • February 09, 2026

    5th Circ. Tosses Challenge To La. 340B Discount Drug Rule

    A Fifth Circuit panel upheld on Monday a Louisiana law that allows the state to stop prescription drug manufacturers from blocking safety-net healthcare providers from contracting with outside pharmacies to dispense discounted medicines under the federal 340B Discount Drug program. 

  • February 09, 2026

    Georgia Appeals Court Reverses Attorney Disqualification

    The Georgia Court of Appeals reversed a trial court order disqualifying an attorney from representing a client in a domestic relations case for allegedly inserting himself improperly into the parties' dispute, finding the client failed to meet her burden of showing he was a "necessary witness."

  • February 09, 2026

    9th Circ. Revives Immigration Case Due To Traffic Delays

    An en banc Ninth Circuit panel has ordered the Board of Immigration Appeals to reconsider whether a family's failure to appear at a hearing due to traffic delays doomed their asylum case, finding no concrete rule for what constitutes "exceptional circumstances."

  • February 09, 2026

    Texas, Mo. Ask Court To Keep 'Remain In Mexico' Suit Intact

    Texas and Missouri claimed they have standing to challenge a Biden-era decision to do away with the "Remain in Mexico" policy, telling a Texas federal judge Friday that vacatur of the last administration's decision is appropriate even though the Trump administration reinstated the policy.

  • February 09, 2026

    Unions Seek To Revive Challenge To Feds' Resignation Offer

    A labor coalition urged the First Circuit to revive a challenge to the Trump administration's resignation offer to federal employees last year, defending its right to sue and disputing that two niche agencies should get the first crack at its claims.

  • February 09, 2026

    Videographer Fights 4th Circ.'s Choice To Shipwreck IP Suit

    A videographer and his production company urged the full Fourth Circuit to let him revive his copyright infringement lawsuit over footage of Blackbeard's shipwreck, arguing Monday that a panel's recent opinion to end the case laid new and overly broad pathways for pendent jurisdiction. 

  • February 09, 2026

    Fed. Circ. Won't Reboot Startup's Patent Suit Against Shopify

    The Federal Circuit on Monday declined to breathe new life into a case from a defunct digital media startup alleging that Shopify was infringing its patents by using ideas disclosed during talks about a potential partnership.

  • February 09, 2026

    North Dakota, DOJ Near Settlement In Dakota Access Appeal

    The United States and North Dakota have reached a settlement in a $28 million dispute over protesters' efforts to stop the construction of the Dakota Access Pipeline in which the state alleged that the Army Corps and federal officials failed to manage the massive crowds.

  • February 09, 2026

    Catching Up With Delaware's Chancery Court

    Delaware's chancellor has rejected a bid for dismissal of a derivative suit accusing Coinbase Global Inc. insiders of massively unloading shares ahead of a steep stock drop, stressing a special litigation committee's failure to meet independence standards.

Expert Analysis

  • Tips For Financial Advisers Facing TRO From Former Firm

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    The Eighth Circuit's recent decision in Choreo v. Lors, overturning a lower court's sweeping injunction after financial advisers moved to a new firm, gives advisers new strategies to fight restraining orders from their old firms, such as focusing on whether the alleged irreparable harm is calculable, say attorneys at Kutak Rock.

  • Pittsburgh Post-Gazette Closure Highlights Labor Law Stakes

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    The Pittsburgh Post-Gazette's recently announced closure, after the U.S. Supreme Court denied relief from an injunction mandating that the newspaper restore terms from its previous collective bargaining agreement, illustrates that prematurely declaring an impasse and implementing unilateral changes carries risk, says Sunshine Fellows at Freeman Mathis.

  • Unpacking Dormant Commerce Clause Cannabis Circuit Split

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    Federal courts have reached differing conclusions as to whether state-legal cannabis is subject to the dormant commerce clause, with four opinions across three circuit courts in the last year demonstrating the continued salience of the dormant commerce clause debate to the nation's cannabis industry, regulators and policymakers, say attorneys at Perkins Coie.

  • Texas AG Wields Consumer Protection Law Against Tech Cos.

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    Texas Attorney General Ken Paxton has targeted technology companies using the Texas Deceptive Trade Practices Act, a broadly worded statute that gives the attorney general wide latitude to pursue claims beyond traditional consumer protection, creating unique litigation risks, say attorneys at Yetter Coleman.

  • Emerging Themes In Nevada High Court Civil Litigation

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    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.

  • What To Know As Courts Rethink McDonnell-Douglas

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    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.

  • A Primer On Law Enforcement Self-Defense Doctrine

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    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.

  • Series

    Teaching Logic Makes Me A Better Lawyer

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    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.

  • Series

    Law School's Missed Lessons: Practicing Resilience

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    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.

  • How Specificity, Self-Dealing Are Shaping ERISA Litigation

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    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.

  • Contract Disputes Recap: Terminations Galore

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    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.

  • Opinion

    Minn. Can Still Bring State Charges In Absence Of Fed Action

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    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.

  • State Of Insurance: Q4 Notes From Illinois

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    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.

  • How 2 Tech Statutes Are Being Applied To Agentic AI

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    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.

  • Defense Strategy Takeaways From Recent TCPA Class Actions

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    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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