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Appellate
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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."
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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.
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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."
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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.
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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.
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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.
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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.
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February 11, 2026
Ariz. Justices Say Screening Didn't Create Client Relationship
The Arizona Supreme Court ruled Wednesday that a social worker who conducted a brief crisis screening of a patient could testify at an involuntary treatment hearing, holding that the interaction did not create a confidential behavioral health professional-client relationship and therefore was not protected by privilege.
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February 11, 2026
4th Circ. Revives School Shooting Suit Against Gunmakers
A split Fourth Circuit panel Wednesday revived a lawsuit against a number of gun manufacturers brought by two victims of a 2022 school shooting in Washington, D.C., finding that the victims indeed had standing to bring their claims.
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February 11, 2026
Supreme Court Sets April Argument For 'Skinny Label' Case
The U.S. Supreme Court has set an April 29 date for oral arguments in Hikma Pharmaceutical Inc.'s appeal of a decision that revived a patent case over its "skinny label" on a generic heart drug.
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February 11, 2026
7th Circ. Mulls Expiration Date Of Teva, Eli Lilly Patent Deal
Seventh Circuit judges Wednesday pressed counsel for Teva Pharmaceuticals USA Inc. to address how long a settlement under which Eli Lilly & Co. agreed not to block the approval and marketing of Teva's generic version of its osteoporosis drug Forteo could reasonably remain in effect, given Teva's drug wasn't ready for market until years after the underlying patent dispute.
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February 11, 2026
Crypto Scam Victims Can't Sue Signature Bank, 2nd Circ. Says
The Second Circuit has upheld the dismissal of a suit by a cryptocurrency trading club against the Federal Deposit Insurance Corp., as receiver of the failed Signature Bank, alleging negligence by the bank led to the club being defrauded and losing much of the $33 million invested in it.
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February 11, 2026
Apple Keeps PTAB Win Over Fintiv Patent Claims At Fed. Circ.
The Federal Circuit on Wednesday upheld Apple's Patent Trial and Appeal Board win in its challenge to claims in a patent issued to the defunct Austin, Texas-based mobile payment startup that would become Fintiv.
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February 11, 2026
Schools Must Face Financial Aid Suit Before Appeal: Students
Former students urged an Illinois federal judge to bar Cornell, Georgetown, Notre Dame, MIT and UPenn from going straight to the Seventh Circuit on a ruling that teed up trial against the five schools yet to settle the proposed class action over the alleged fixing of financial aid offerings.
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February 11, 2026
'It Takes Time To Write': Jackson On High Court's Tariff Ruling
U.S. Supreme Court Justice Ketanji Brown Jackson has provided an unusual update on the court's decision over President Donald Trump's authority to impose emergency tariffs, saying in a TV interview that the justices are still working on what is one of their most anticipated rulings this term.
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February 11, 2026
Panel OKs Dismissal Of Ex-Mich. Trooper's Whistleblower Suit
A former Michigan State Police trooper can't pursue state-court claims that he was canned for complaining about supervisors drinking alcohol on the job, an appellate court has ruled, because the state's civil service commission has exclusive jurisdiction over the matter.
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February 11, 2026
Creek Nation Fights City's Bid To Pause Jurisdictional Suit
The Muscogee (Creek) Nation has pushed back against an Oklahoma municipality's bid to stay a jurisdiction dispute in federal district court while a similar challenge plays out in the Tenth Circuit, saying that the two cases aren't covering the same ground.
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February 11, 2026
Intel 401(k) Suit Arguments Pushed To Next High Court Term
The U.S. Supreme Court will wait until next term to hear arguments in an appeal from Intel ex-workers seeking to revive proposed class allegations that their 401(k) retirement savings were dragged down by underperforming target-date funds, a delay confirmed by justices' April calendar posted on Wednesday.
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February 11, 2026
7th Circ. Denies New Trial To Convicted Tax Preparer
A tax preparer convicted of filing false returns and stealing her grandmother's pension will not receive a new trial, the Seventh Circuit ruled, rejecting her argument that a lower court made a mistake in allowing her to represent herself.
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February 11, 2026
4th Circ. Won't Toss Appeal Over Md. Judges' Habeas Order
The Fourth Circuit rejected the Trump administration's assertion that its appeal of a ruling upholding a standing order, which Maryland federal judges issued to temporarily delay the removal of detained noncitizens who file habeas petitions, has become moot.
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February 10, 2026
Justices Asked To Review $600M Train Derailment Deal
Norfolk Southern and residents affected by the East Palestine, Ohio, train derailment who reached a $600 million class settlement told the U.S. Supreme Court Tuesday they don't plan to respond to objectors' petition seeking review of the Sixth Circuit's decision to toss their appeals of the settlement.
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February 10, 2026
7th Circ. Mulls Taking Sides In Arbitration Enforcement Split
Seventh Circuit judges Tuesday debated a nationwide circuit split over who decides whether disputes belong in arbitration, seemingly leaning toward joining circuits that leave the question to courts instead of arbitrators.
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February 10, 2026
5th Circ. Says Bank Worker's ERISA Claims Can Be Arbitrated
The Fifth Circuit on Tuesday held that a former employee at a Texas-based bank must arbitrate his proposed class claims accusing the bank of failing to invest retirement funds, reversing a lower court's finding that the arbitration clause didn't apply to him because it was added after his employment ended.
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February 10, 2026
Appeals Judge Questions Sanctions In Hurricane Straps Suit
A Ninth Circuit judge on Tuesday said he's "scratching [his] head" over a magistrate judge's order sanctioning Robins Kaplan lawyers for "baseless filings" in the first version of a complaint later amended over allegedly corroding construction connectors and fasteners, saying it might just "not have been the best written complaint."
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February 10, 2026
7th Circ. Mulls Outcome Health Execs' $1B Fraud Convictions
Seventh Circuit judges hearing former Outcome Health executives' challenge to a $1 billion fraud conviction seemed critical of the U.S. government's handling of the case on Tuesday as they questioned why its admitted asset over-restraint and introduction of certain grand jury statements should not require reversal.
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.