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Appellate
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February 19, 2026
Texas Tornado Ruling Puts Policy Definitions In Spotlight
A Texas Supreme Court ruling that classified tornadoes as a type of "windstorm" in a homeowners policy underscored different approaches to interpreting definitions in insurance policies and the increasing importance of deductibles.
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February 19, 2026
Mich. Panel Orders Hearing Over GPS Data In Shooting Case
A Michigan state appeals court has ordered a new evidentiary hearing to decide if a man on an ankle monitor had his rights violated when Detroit police used the monitor's data to track him down even though the underlying case requiring it had been dismissed.
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February 19, 2026
11th Circ. Backs NLRB In Fla. Symphony's Impasse Appeal
The Eleventh Circuit on Thursday upheld a National Labor Relations Board order finding that a now-defunct Florida symphony orchestra declared an impasse while negotiating with an American Federation of Musicians affiliate and unlawfully imposed a final contract offer.
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February 19, 2026
Wells Fargo Urges 4th Circ. To Ax Ex-Director's $22M ADA Win
Wells Fargo is doubling down on its efforts to unravel a $22 million Americans with Disabilities Act verdict in favor of a former employee, telling the Fourth Circuit the former bank director was never denied a chance to work from home and therefore cannot claim the bank failed to accommodate him, among other things.
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February 19, 2026
5th Circ. Judge Impugns NLRB Impartiality In Scathing Dissent
A Fifth Circuit judge impugned the National Labor Relations Board's fairness and attacked its foundational motive test as "an undertheorized byproduct of Chevron deference" in a dissent to an opinion backing the board's finding that Trader Joe's illegally fired a worker over repeated COVID-19 safety complaints.
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February 19, 2026
Delta, Aeromexico Urge 11th Circ. To Void DOT Split Order
Delta Air Lines and Aeromexico urged the Eleventh Circuit to void a U.S. Department of Transportation order directing them to dismantle their joint venture, saying the agency had offered contrived reasoning and scant evidence for purported anticompetitive effects.
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February 19, 2026
Texas Panel Unsure Midwife Can Escape Abortion Order
A Texas appellate court pushed back on a midwife's assertion that a court order blocking her from providing abortions flouted the state's rules of civil procedure, saying Thursday she wasn't facing the lawsuit "for doing appendectomies."
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February 19, 2026
Pharma Group Asks 1st Circ. To Ax RI's 340B Drug Price Law
A pharmaceutical trade group has urged the First Circuit to overturn a district court's order siding with a Rhode Island law that bars drug manufacturers from blocking hospitals and clinics from contracting with outside pharmacies to dispense discounted drugs under the federal 340B Discount Drug Program.
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February 19, 2026
Feds Look To Revive Sex Abuse Ruling Over Native Status
The U.S. is asking the Tenth Circuit for an en banc rehearing on its decision to vacate the 30-year prison sentence of a New Mexico man convicted of sexually abusing an Indigenous girl, telling the court that its error is one of exceptional importance.
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February 19, 2026
Colo. Adviser Asks 10th Circ. To Revive Claims Against SEC
A Colorado municipal-securities adviser and his company asked the Tenth Circuit to reverse a Colorado federal judge's ruling that dismissed their claims accusing the U.S. Securities and Exchange Commission of illegally making administrative moves to revoke their registration.
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February 19, 2026
Fed. Circ. OKs Decision Clearing Sony In $500M Patent Case
The Federal Circuit on Thursday upheld a decision that Sony's PlayStation controllers do not infringe a computer input device patent, in a case where Sony said patent owner Genuine Enabling Technology was seeking nearly $500 million in damages.
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February 19, 2026
Fed. Circ. Won't Revive Corcept's Drug Patent Feud
The Federal Circuit on Thursday declined to revive a case from Corcept Therapeutics Inc. in which it accused Teva Pharmaceuticals USA Inc. of patent infringement over its production of a generic version of the drug Korlym, saying a district judge didn't make a clear error in ruling Corcept hadn't shown any infringement.
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February 19, 2026
Del. Chancery Court Saw Record Number Of Filings In 2025
Delaware's nationally important Chancery Court saw a record number of case filings in 2025 and has relied on the state's Superior Court to help ease its judges' caseload, the First State's chief justice told legislators on Thursday.
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February 19, 2026
Ga. Appeals Court Weighs Kratom Seller's Liability
A Georgia appellate court on Thursday gave little indication on whether it would reverse a trial court's grant of summary judgment to a kratom distributor whose customer died after consuming one of its products.
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February 19, 2026
Ga. Watchdog Rips 'Probation' Bid From Judge In Ethics Case
The director of Georgia's judicial watchdog urged the state's supreme court to reject a probate judge's request to escape removal from the bench, arguing that the judge's inability to correct years-long case delays despite saying he was at the courthouse seven days a week shows a lack of competence and diligence.
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February 19, 2026
11th Circ. Upholds Atty Sanctions, Recusal Denial In CBD Row
The Eleventh Circuit on Thursday upheld a ruling that rejected a former franchisee for a CBD company's argument that a magistrate judge should have recused herself from a case stemming from his efforts to open a retail store in Florida as well as a decision sanctioning his attorney over duplicative court filings.
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February 19, 2026
Northrop Grumman 401(k) Suit Dropped For 4th Circ. Appeal
A Virginia federal judge dismissed a suit Thursday against Northrop Grumman from workers who alleged misspending of 401(k) forfeitures, a step that followed the parties settling a final claim in anticipation of workers' Fourth Circuit appeal of the court's December order tossing most claims in the dispute.
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February 19, 2026
8th Circ. Pick Joins List Of Personal Attys Elevated By Trump
President Donald Trump's latest appellate pick has served as the president's personal attorney and bills himself as "an attorney and strategist who fights for conservative values" on his LinkedIn profile.
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February 19, 2026
8th Circ. Keeps Arbitration Award Against Concrete Co.
An arbitrator reasonably interpreted and applied a collective bargaining agreement when it ruled that a ready-mix concrete supplier flouted the contract when it didn't release drivers from duty based on seniority, the Eighth Circuit found.
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February 19, 2026
Woman Asks Justices For Relief From Tax Preparer's Fraud
A woman facing more than $300,000 in tax bills because her return preparer committed fraud on her filings decades ago asked the U.S. Supreme Court to overturn the Third Circuit's finding that she is responsible, saying it unfairly allows the IRS to bypass the statute of limitations.
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February 19, 2026
'Sealed Container' Defense Sinks Exploding Battery Suit
A North Carolina appeals panel won't revive a man's suit against a retailer and distributor alleging he was sold a defective lithium-ion battery that exploded in his pocket, saying all his claims are blocked by the sealed container defense.
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February 19, 2026
9th Circ. Overturns Meth Sentence Over Enhancement
A man sentenced to five years in prison for importing methamphetamine with an enhancement for obstructing justice after contacting witnesses in his case is entitled to have his sentence reconsidered since the court did not properly find that he had in fact obstructed justice, a split Ninth Circuit has found.
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February 18, 2026
5th Circ. Sanctions Atty Over AI-Generated Errors In Brief
The Fifth Circuit on Wednesday sanctioned a Texas attorney for using generative artificial intelligence to draft a brief that was "riddled with fabricated quotations and assertions," while rebuking the attorney for not being more forthcoming about her use of the technology and her failure to check its accuracy.
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February 18, 2026
Birkin Bag Fans Appeal Hermès' 'Predetermined' Antitrust Win
Shoppers urged the Ninth Circuit Wednesday to revive their proposed class action accusing Hermès of illegally tying the sale of its iconic Birkin handbags to other expensive luxury items, arguing that the lower court erroneously "predetermined" the outcome of their case even before they filed their latest complaint.
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February 18, 2026
Duke Energy's $17M Fuel Cost Recovery Improper, Panel Says
The North Carolina Utilities Commission was wrong to let Duke Energy recover over $17 million in fuel costs two years after they were incurred, a North Carolina appeals court panel ruled Wednesday, finding that a statute permits utilities to recover only the fuel costs incurred during a one-year "lookback period."
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.