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Appellate
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February 04, 2026
NJ Panel Backs Approval Of Orthodox Girls' School Campus
A New Jersey appellate panel affirmed on Wednesday a township planning board's green light for a private Orthodox Jewish girls school campus, concluding that nearby homeowners failed to show the board acted arbitrarily, capriciously or under any improper influence when it approved the project.
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February 04, 2026
Pa. Court Weighs Medical Marijuana Dispensary Staffing Rule
A Pennsylvania appellate court appeared uncertain on Wednesday whether a rule promulgated by state health regulators mandating every medical marijuana dispensary maintain its own medical professional for patient consultations was reasonable and consistent with state law.
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February 04, 2026
4th Circ. Backs Chicken Processor In Fired Worker's ADA Suit
The Fourth Circuit declined Wednesday to reinstate a suit from a worker who said a chicken processor unlawfully terminated him after a shooting left him with lingering medical issues, saying he failed to show he could perform the key functions of his job.
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February 04, 2026
3rd Circ. Ponders Pa. Professor's Virtual Teaching Denial
A Third Circuit panel on Wednesday quizzed attorneys in a case involving a Kutztown University professor who was denied remote teaching accommodations about if she should have expected in-person instruction to be an essential function of her position, despite the lack of a job description or written policy saying so.
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February 04, 2026
O'Melveny Supreme Court Ace Joins Hecker Fink
Litigation firm Hecker Fink LLP is expanding its appellate team, announcing Wednesday that an O'Melveny & Myers LLP Supreme Court expert is joining as of counsel.
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February 04, 2026
Real Estate Atty Can't Duck Meddling Claims, NC Justices Told
A property owner told North Carolina's top court that a real estate attorney can't skirt allegations he helped meddle in an ownership dispute over a parcel of land in Charlotte, saying her tort claims against the lawyer might be rare, but they are still backed by the law.
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February 04, 2026
Ga. Chief Justice Highlights AI Risks, Civil Justice Gap
Georgia Supreme Court Chief Justice Nels S.D. Peterson told state lawmakers on Wednesday that evidence fabricated by artificial intelligence is a greater threat to the judiciary than attorneys filing briefs with nonexistent cases based on AI hallucinations.
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February 04, 2026
FERC Says Rejection Of PJM Grid-Planning Change Was Sound
The Federal Energy Regulatory Commission has defended its rejection of a plan that PJM Interconnection, a regional transmission organization, brokered with transmission owners to make grid-planning decisions without the approval of the regional grid operator's members committee, saying the plan would undermine the independence of PJM.
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February 04, 2026
Fla. Judge Can't Nix Death Penalty Ethics Case, Panel Says
A Florida judicial ethics panel has pushed back on an appellate judge's effort to dismiss ethics charges over her purported attempt to influence postconviction litigation in a death penalty case via text messages with a state attorney, rejecting her argument that the charges violate her First Amendment rights.
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February 04, 2026
Ga. Justices Uphold $8.3M Verdict In MedMal Case
The Georgia Supreme Court said it won't disturb a $6.5 million verdict or an additional $1.8 million attorney fee award in a suit over a botched knee surgery, with one justice clarifying what courts can do regarding jury instructions in medical malpractice cases.
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February 04, 2026
Mass. Court To Hear Immigrant's Guilty Plea Withdrawal Args
Massachusetts' highest court decided on Wednesday that a man from the Dominican Republic who pled guilty to drug possession with the intent to distribute should have the chance to prove his lawyer was ineffective for failing to inform him of the deportation consequences of his plea.
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February 04, 2026
TMX Wants $52M Penalty From Pa. Banking Regulators Axed
A TitleMax affiliate urged a Pennsylvania Commonwealth Court panel on Wednesday to strike down a $52 million penalty that state banking regulators have lodged against it over alleged usury law violations, arguing that the disputed loans it provided to state residents were neither negotiated nor made in the Keystone State.
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February 04, 2026
2nd Circ. Backs Block On Hundreds Of Geico Collection Cases
The Second Circuit found no error in a preliminary injunction pausing over 600 collection actions filed against Geico by a doctor and medical practice accused by the insurer of a scheme to exploit New York's no-fault automobile insurance laws.
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February 04, 2026
Stockholders Ask Del. Justices To Revive Bylaw Suits
Stockholders challenging advance notice bylaws at AES Corp. and Owens Corning urged the Delaware Supreme Court on Wednesday to revive their dismissed suits, saying boards should face fiduciary duty scrutiny the moment they adopt allegedly entrenching bylaws, not only after a proxy contest is triggered.
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February 04, 2026
Royal Caribbean Wants Volcano Suit In Australia, Not Fla.
Royal Caribbean Cruises Ltd. asked a Florida appeals court Wednesday to reverse an order denying its motion to dismiss a suit over a volcano eruption that killed a cruise passenger and her family, arguing that a clause in the cruise ticket contract requires the suit be brought in Australia.
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February 04, 2026
Aerospace Workers Ask 4th Circ. To Revive 401(k) Fund Suit
Workers who alleged RTX Corp. illegally used forfeited retirement funds to pay the company's 401(k) contribution have asked the Fourth Circuit to revive their case after a Virginia federal judge ruled they had failed to state a claim.
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February 04, 2026
Calif. Panel Won't Publish Amazon Drivers Arbitration Ruling
A California appeals court will not publish its decision that last-mile deliveries Amazon workers performed represented interstate commerce exempt from federal arbitration, turning down requests to publish the opinion.
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February 03, 2026
En Banc 5th Circ. Wipes Out Airline Fees Disclosure Rule
The full Fifth Circuit on Tuesday vacated a Biden-era rule requiring airlines to more clearly disclose add-on fees upfront, this time holding that the U.S. Department of Transportation's failure to properly consider public comments warrants doing away with the rule altogether.
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February 03, 2026
Fed. Circ. Questions Bid To Undo Google, Microsoft PTAB Win
A Federal Circuit panel appeared unpersuaded Tuesday by an inventor's arguments that the Patent Trial and Appeal Board should have ended reviews of computer-locating patents challenged by Google and Microsoft due to actions by LG in a related case, and that the board wrongly invalidated the patents.
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February 03, 2026
Goldstein Knew What Was On His Returns, Accountant Claims
The top outside accountant handling tax returns for SCOTUSblog founder Thomas Goldstein and his law firm said Tuesday that Goldstein wasn't forthcoming about his gambling records and that he firmly believed the former U.S. Supreme Court attorney knew what was in his allegedly false tax returns when they were filed.
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February 03, 2026
Boston IP Firm Sees Malpractice Claims Revived By 1st Circ.
The First Circuit has revived legal malpractice claims from a Colorado tech company that alleged it was betrayed when its lawyers at a Boston intellectual property law firm filed patents for another client, finding that a lower court's ruling that the claims were time-barred assumed the three-person company comprised exclusively of engineers had an understanding of tricky legal concepts.
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February 03, 2026
7th Circ. Probes Due Process For Ill. ICE Detainees
A Seventh Circuit judge Tuesday asked the Trump administration to square its position that immigrants unlawfully in the United States have no due process rights with Supreme Court rulings that held otherwise, as the appellate court mulls the bid to block two orders addressing warrantless arrests of hundreds of immigrants.
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February 03, 2026
Calif. Cardholders Ask 2nd Circ. To Revive Swipe Fee Suit
California cardholders accusing Visa, Mastercard and other major banks of conspiring to fix interchange fees have asked the Second Circuit to revive their claims after a district court judge denied their motion for reconsideration in a long-running multidistrict litigation.
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February 03, 2026
Wash. Justices To Review Restaurant's $1M COVID Penalty
The Washington State Supreme Court has decided to take up a restaurant's appeal of nearly $1 million in fines that regulators imposed against the eatery for offering indoor dining services during the COVID-19 pandemic, in violation of the governor's emergency proclamation.
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February 03, 2026
Guam Defends Bid To Appeal Loss Of Military Leave Suit
A retirement fund for Guam government employees fired back at the federal government's attempt to prevent it from appealing an order finding the fund and Guam liable for shortchanging pension contributions for employees who take paid leave while serving in the military.
Expert Analysis
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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.
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A 6th Circ. Snapshot: 3 Cases That Defined 2025
With more than a thousand opinions issued this year, three rulings from the Sixth Circuit stood out for the impact they'll have on the practice of civil procedure, including a net neutrality decision, a class certification standards ruling and an opinion about vulgarity in school, say attorneys at Ice Miller.
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How Fractional GCs Can Manage Risks Of Engagement
As more organizations eliminate their in-house legal departments in favor of outsourcing legal work, fractional general counsel roles offer practitioners an engaging and flexible way to practice at a high level, but they can also present legal, ethical and operational risks that must be proactively managed, say attorneys at Boies Schiller.
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Health, Legal Employers Face Unique Online Speech Hurdles
Employers in the legal and healthcare industries must consider distinctive ethical obligations and professional requirements when disciplining employees for social media posts, while anticipating an area of the law in flux as courts seek to balance speech rights and the workplace function, say attorneys at FordHarrison.
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Opinion
Justices Should Clarify Loper Bright Doctrine Via Patent Case
The U.S. Supreme Court should use the Lynk Labs v. Samsung patent case to provide urgently needed guidance on how last year’s Loper Bright decision should be applied to real-world questions of agency authority in the post-Chevron world, says Timothy Hsieh at Oklahoma City University School of Law.
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3 Notable Developments In Ch. 15 Bankruptcy This Year
Several notable Bankruptcy Code Chapter 15 decisions from 2025 warrant review, including rulings that clarified the framework of Chapter 15 surrounding nonparty releases, reinforced the principles of a debtor's center of main interest in the face of extensive mass tort litigation, and reviewed synthetic cross-border proceedings, say attorneys at Troutman.
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Reviewing 2025's Most Pertinent Wiretap Developments
2025 was a remarkable year in the world of web tracking wiretapping litigation, not only for the increased caseload but also because of numerous developing theories of liability, with disputes expected to continue unabated in 2026, say attorneys at Squire Patton.
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Series
Nature Photography Makes Me A Better Lawyer
Nature photography reminds me to focus on what is in front of me and to slow down to achieve success, and, in embracing the value of viewing situations through different lenses, offers skills transferable to the practice of law, says Brian Willett at Saul Ewing.
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Series
Law School's Missed Lessons: Practical Problem Solving
Issue-spotting skills are well honed in law school, but practicing attorneys must also identify clients’ problems and true goals, and then be able to provide solutions, says Mary Kate Hogan at Quarles & Brady.
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Software Patents May Face New Eligibility Scrutiny
November guidance from the U.S. Patent and Trademark Office, along with recent litigation trends from the Federal Circuit, may encourage new challenges in the USPTO and district courts to artificial intelligence and software patents that rely on generic computing functions without concrete details, say attorneys at Venable.
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Contract Disputes Recap: Delay, Plain Text, Sovereign Acts
Three recent decisions addressing familiar pressure points show that even well-worn doctrines evolve, and both contractors and the government should reexamine their assumptions, says Zachary Jacobson at Seyfarth.
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Opinion
A Uniform Federal Rule Would Curb Gen AI Missteps In Court
To address the patchwork of courts’ standing orders on generative artificial intelligence, curbing abuses and relieving the burden on judges, the federal judiciary should consider amending its civil procedure rules to require litigants to certify they’ve reviewed legal filings for accuracy, say attorneys at Shook Hardy.
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9th Circ. Ruling Clarifies Auditor Liability For IPO Errors
The Ninth Circuit's recent decision in Hunt v. PricewaterhouseCoopers elucidates the legal standard for claims against auditors in connection with a company's initial public offering, confirming that audit opinions are subjective and becoming the first circuit to review this precise question since the U.S. Supreme Court's 2015 Omnicare ruling, say attorneys at Morgan Lewis.
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10th Circ. Dissent May Light Path For Master Account Access
While the Tenth Circuit's majority in Custodia Bank v. Federal Reserve Board recently affirmed Federal Reserve banks' control over master account access, the dissent raised constitutional questions that could support banks seeking master accounts in future litigation, say attorneys at Paul Hastings.