Appellate

  • February 12, 2026

    3rd Circ. Won't Reconsider OT Ruling Against Home Care Co.

    The full Third Circuit will not reconsider a panel decision upholding a $1 million judgment against a home health company in a U.S. Department of Labor suit accusing it of failing to pay in-home care providers minimum wage and overtime.

  • February 12, 2026

    McKesson Freed From Opioid Death Suit By Ga. Panel

    The Georgia Court of Appeals said Thursday that drug distributor McKesson should have been freed from a suit attempting to hold it liable for a man's opioid overdose death, saying that a trial court applied the wrong statute of limitations to what was, at its core, a personal injury claim.

  • February 12, 2026

    Trump Nominates Judges for SC, Mont., Virgin Islands

    President Donald Trump on Thursday announced district court nominees for South Carolina, Montana and the U.S. Virgin Islands, as well as one nominee for the International Trade Court.

  • February 11, 2026

    Avon Loses Appeal Over $51M Verdict In Mesothelioma Case

    A California appellate court on Wednesday refused to wipe out a $51 million jury verdict against Avon for the cancer a woman says she got from using its asbestos-tainted talc, rejecting the cosmetic company's qualms with expert testimony and the trial court's evidentiary rulings.

  • February 11, 2026

    9th Circ. Partly Reverses Ford's 'Death Wobble' Class Cert.

    The Ninth Circuit Wednesday partly remanded a class certification ruling in litigation brought by Ford buyers alleging some of the auto giant's pickup trucks have a steering defect known as the "death wobble," saying the record shows that the claimed defect manifested at varying rates in different model years.

  • February 11, 2026

    DC Circ. Questions Denial Of CFTC Whistleblower Award

    The D.C. Circuit seemed skeptical Wednesday morning about the argument that the Commodity Futures Trading Commission wrongly denied a man a $147 million whistleblower incentive award after he tipped off the agency about foreign exchange market manipulation.

  • February 11, 2026

    SC High Court Probes Clerk's Misconduct In Murdaugh Appeal

    The South Carolina Supreme Court on Wednesday closely inspected Alex Murdaugh's appeal claiming the jury in his high-profile double-murder trial was biased because of comments made by a clerk of court, voicing questions and statements favorable to the disgraced lawyer's arguments.

  • February 11, 2026

    Goldstein Says He Lost Millions On Poker In 2016

    SCOTUSblog founder Thomas Goldstein told the Maryland federal jury in his tax fraud trial Wednesday that he lost nearly $3 million playing poker in 2016, directly contradicting charges that he underreported his gambling winnings, and pinned the blame for tax filing errors on his own miscalculations and shoddy work from his accountants.

  • February 11, 2026

    7th Circ. May Seek Ill. Justices' Input In Hyundai BIPA Row

    A Seventh Circuit panel on Wednesday appeared skeptical about whether Hyundai Motor America had any control over biometric data captured by cameras installed in certain Hyundai vehicles and how a proposed class of drivers was injured under Illinois' biometric privacy law, but one judge suggested the case presents a question the state's top court may need to answer.

  • February 11, 2026

    Texas Justices Doubtful Spectrum Contract Is Static

    Texas Supreme Court justices pushed back on San Antonio's claim that amendments to public telecommunications contract laws have no bearing on a utilities pole attachment agreement, saying Wednesday that the parties seemed to have an understanding that the contract would "evolve."

  • February 11, 2026

    Fed. Circ. Backs $85M Patent Antitrust Verdict Against Ingevity

    The Federal Circuit on Wednesday declined to disturb a Delaware jury's $85 million antitrust verdict against Ingevity over it tying patent licenses to purchases of its automobile carbon filtering technology, rejecting the company's arguments that it was entitled to a certain statutory patent misuse defense.

  • February 11, 2026

    Colo. Justices Seem Skeptical Water Entity Can't Condemn

    The Colorado Supreme Court justices appeared unpersuaded Wednesday by the "narrow" interpretation of law provided by the attorney representing a landowner who claims a water activity enterprise does not have legal authority to condemn land for water projects.

  • 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.

  • 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.

  • 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.

  • 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. 

  • 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.

  • February 11, 2026

    Not 'Your Dad's DOJ': Recapping Year One 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.

  • 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."

  • 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.

  • 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."

  • 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.

  • 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.

  • 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.

  • 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.

Expert Analysis

  • 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.

  • NYC Bar Opinion Warns Attys On Use Of AI Recording Tools

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    Attorneys who use artificial intelligence tools to record, transcribe and summarize conversations with clients should heed the New York City Bar Association’s recent opinion addressing the legal and ethical risks posed by such tools, and follow several best practices to avoid violating the Rules of Professional Conduct, say attorneys at Smith Gambrell.

  • Series

    The Biz Court Digest: Dispatches From Utah's Newest Court

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    While a robust body of law hasn't yet developed since the Utah Business and Chancery Court's founding in October 2024, the number of cases filed there has recently picked up, and its existence illustrates Utah's desire to be top of mind for businesses across the country, says Evan Strassberg at Michael Best.

  • 4 Quick Emotional Resets For Lawyers With Conflict Fatigue

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    Though the emotional wear and tear of legal work can trap attorneys in conflict fatigue — leaving them unable to shake off tense interactions or return to a calm baseline — simple therapeutic techniques for resetting the nervous system can help break the cycle, says Chantel Cohen at CWC Coaching & Therapy.

  • 2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction

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    The Fifth and Ninth Circuits recently handed down decisions, in Sanchez Energy and Sawtelle Partners, respectively, reminding practitioners that bankruptcy court jurisdiction over lingering disputes is not guaranteed, regardless of whether confirmation orders contain specific "retention of jurisdiction" language, says Brian Shaw at Cozen O’Connor.

  • 3 Key Ohio Financial Services Developments From 2025

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    Ohio's banking and financial services sector saw particularly notable developments in 2025, including a significant Ohio Supreme Court decision on creditor disclosure duties to guarantors in Huntington National Bank v. Schneider, and some major proposed changes to the state's Homebuyer Plus program, says Alex Durst at Durst Kerridge.

  • Patent Eligibility Faces Widening Gap Between USPTO, Courts

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    The year 2026 opened with a profoundly altered Patent Act Section 101 ecosystem — the U.S. Patent and Trademark Office has pushed eligibility as far open as it can for artificial intelligence technologies, but the courts are not on the same page, say attorneys at Skadden.

  • Navigating Trade Secret Exceptions In Noncompete Bans

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    Recent and ongoing developments in the noncompete landscape, including a potential decision from the Tenth Circuit in Edwards Lifesciences v. Thompson, could offer tools for employers to bring noncompete agreements within trade secret exceptions amid an era of heightened employee mobility, say attorneys at Sullivan & Cromwell.

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