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Appellate
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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."
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February 18, 2026
Pa. Justices Put Limits On Workers' Comp Immunity
The Pennsylvania Supreme Court on Wednesday reined in a state law offering broad immunity from liability for co-workers in workers' compensation cases, saying co‑employee immunity does not automatically apply just because two people work for the same employer.
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February 18, 2026
7th Circ. Mulls Remanding Walmart ADA Injunction Bid Again
A Seventh Circuit judge seemed open Wednesday to having a Wisconsin judge again consider federal employment regulators' injunctive relief request after a jury found Walmart liable for failing to accommodate an employee with Down syndrome, saying the trial record suggests Walmart's schedule-related misstep may not have been a one-time mistake.
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February 18, 2026
Florida Panel Says Pill Mill Charges Must Be Reinstated
A Florida state appeals court ordered the reinstatement of prescription drug-related counts against 11 individuals accused of involvement in a statewide pill mill operation, ruling Wednesday that a lower court wrongly determined their speedy trial rights were violated when dismissing the charges.
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February 18, 2026
Canada's Olympic Body Joins NHL, CHL Antitrust Defense
Canadian hockey officials asked the Ninth Circuit to reject an appeal from junior players who sued the National Hockey League and its pipeline organizations over alleged antitrust violations, arguing certain rules actually benefit the community and foster competition.
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February 18, 2026
4th Circ. Rejects Under Armour's Coverage Rehearing Request
The Fourth Circuit on Wednesday rejected Under Armour's request to reconsider a recent ruling that capped its coverage for a securities class action, government investigations and derivative matters at $100 million.
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February 18, 2026
Trump Taps Atty In Carroll Case For 8th Circ.
President Donald Trump announced Wednesday he's nominating for the Eighth Circuit a co-owner of James Otis Law Group, where the attorney has been part of the legal team representing Trump in writer E. Jean Carroll's defamation suit against the president.
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February 18, 2026
11th Circ. Backs UPS In Worker's Race Bias, Retaliation Case
The Eleventh Circuit declined Wednesday to reinstate a UPS worker's race bias, retaliation and hostile work environment lawsuit, finding that UPS had a legitimate reason for terminating her.
Expert Analysis
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Series
Teaching Logic Makes Me A Better Lawyer
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.
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Series
Law School's Missed Lessons: Practicing Resilience
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.
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How Specificity, Self-Dealing Are Shaping ERISA Litigation
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.
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Contract Disputes Recap: Terminations Galore
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.
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Opinion
Minn. Can Still Bring State Charges In Absence Of Fed Action
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.
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State Of Insurance: Q4 Notes From Illinois
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.
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How 2 Tech Statutes Are Being Applied To Agentic AI
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.
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Defense Strategy Takeaways From Recent TCPA Class Actions
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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NYC Bar Opinion Warns Attys On Use Of AI Recording Tools
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.
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Series
The Biz Court Digest: Dispatches From Utah's Newest Court
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.
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4 Quick Emotional Resets For Lawyers With Conflict Fatigue
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.
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2 Rulings Showcase Fuzzy Limits Of 'Related To' Jurisdiction
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.
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3 Key Ohio Financial Services Developments From 2025
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.
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Patent Eligibility Faces Widening Gap Between USPTO, Courts
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.
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Navigating Trade Secret Exceptions In Noncompete Bans
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.