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Appellate
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February 25, 2026
Fed. Circ. Gene Therapy Ruling Gives Rare Eligibility Clarity
When the Federal Circuit revived the University of Pennsylvania's gene therapy patent last week, it provided a bright-line rule that's often missing in the debate over patent eligibility, attorneys say.
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February 25, 2026
9th Circ. Upends $8M Asbestos Verdict Against BNSF
The Ninth Circuit has ruled that BNSF Railway Co. cannot be held strictly liable under Montana law for transporting asbestos-containing vermiculite and letting vermiculite dust collect on tracks and its railyard, upending the $8 million jury verdict awarded to the estates of two former Libby, Montana, residents who developed mesothelioma.
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February 25, 2026
Jail Threat Impossible For Already-Jailed Insurance Magnate
North Carolina insurance billionaire Greg Lindberg doesn't face the threat of immediate imprisonment for violating a $122 million contempt order because he's already in jail, a group of insurance companies told North Carolina's highest court.
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February 25, 2026
11th Circ. Questions 'Problematic' Juror Removal In Tax Case
The Eleventh Circuit hinted Wednesday that the dismissal of a juror in a trial against an accountant and an attorney accused of tax fraud may have been improper because the trial judge spoke privately with jury members about their vote split before the two men were convicted.
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February 25, 2026
Birth Control Shot Plaintiffs Lose Mid-Case Appeal Bid In Del.
The Delaware Supreme Court has refused to hear an interlocutory appeal in product liability litigation over the contraceptive injection Depo-Provera, leaving in place a set of case-management orders designed to streamline what is expected to become hundreds of lawsuits in the state.
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February 25, 2026
6th Circ. Says All Of Paralegal's Bias Suit Is Arbitration-Exempt
The Sixth Circuit ruled Wednesday that Adams and Reese LLP can't send a fired paralegal's sex harassment and disability bias suit to arbitration, ruling that a law that bars mandatory out-of-court resolutions for sexual harassment cases applies to the entirety of her lawsuit.
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February 25, 2026
FBI Searches LAUSD Headquarters, Superintendent's Home
The FBI on Wednesday searched Los Angeles Unified School District Superintendent Alberto Carvalho's home and the headquarters of the United States' second-largest school district, which said it is cooperating with the investigation.
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February 25, 2026
Fed. Circ. Told New Ruling Backs Patent Win Against Amazon
Software company Kove IO Inc. told the Federal Circuit that the court's ruling in a recent case undermines Amazon's argument that a $673 million judgment against it for infringing cloud data storage patents should be thrown out.
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February 25, 2026
Fla. Court Ditches Med Mal Suit For 'Boilerplate' Expert Report
A Florida appeals court on Wednesday tossed a suit blaming a hospital for a newborn's delayed development, saying a "vague, conclusory and boilerplate" medical expert opinion submitted by the parents did not satisfy the presuit notice required by state law.
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February 25, 2026
Conn. Supreme Court Reinstates Manslaughter Conviction
The Connecticut Supreme Court has reinstated a reckless manslaughter conviction for a man who shot his girlfriend with a replica antique firearm, finding the man was not entitled to a jury instruction related to his general intent to commit a crime.
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February 25, 2026
Fla. Court Blocks Doctor Dispensing Rules For Worker Claims
A Florida panel on Wednesday set aside a state agency's proposed rules that would include doctors in a workers' compensation law that gives patients an "absolute choice" over which pharmacist can fill their prescriptions, saying the proposals go beyond what lawmakers intended.
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February 25, 2026
T-Mobile Tells Justices FCC's Fines On 'Unsound' Footing
T-Mobile waded Wednesday into a high-stakes U.S. Supreme Court fight between its rivals AT&T and Verizon and the Federal Communications Commission, telling the justices that an FCC theory that companies facing penalties can eventually get a jury trial was "unsound."
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February 25, 2026
2nd Circ. Skeptical Of Expanding Collectives' Borders
A Second Circuit panel seemed doubtful about allowing workers from a state other than where a Fair Labor Standards Act case arises to join a collective, signaling that it might side with Bimbo Bakeries in a case accusing the company of misclassifying delivery workers as independent contractors.
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February 25, 2026
9th Circ. Undoes $278M Eli Lilly Payment In Insulin Case
The Ninth Circuit ruled against a lower court Wednesday in saying pharmaceutical giant Eli Lilly does not owe $278 million in royalties to an Arizona company for insulin-brands sales, saying an agreement between the companies did not cover insulin products Eli Lilly made using a certain yeast expression technology.
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February 25, 2026
Enbridge Cites 'Painful' Risk In Bid To Delay Line Shutdown
Enbridge Energy LP insists that a Wisconsin federal court has the authority to pause a looming shutdown of a portion of its Line 5 pipeline, telling a judge that keeping the crude oil and natural gas liquids line running amid an appeal would prevent "painful, irreparable harm" to consumers, workers and energy markets in the U.S. and Canada.
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February 25, 2026
Justices Skeptical That Mich. Tax Sale Is Unconstitutional
U.S. Supreme Court justices seemed skeptical Wednesday that a Michigan county violated the U.S. Constitution when it took the title to a home over a tax debt, then sold the home at a low price and refunded only that amount to the homeowner.
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February 25, 2026
Uvalde Massacre Survivors Lose Negligence Suit Appeal
A Texas appeals court on Wednesday upheld the dismissal of a lawsuit brought by students, teachers and parents who lived through the 2022 Uvalde massacre, finding that state law does not allow legal actions against agencies that fail to implement a policy.
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February 25, 2026
9th Circ. Nixes ID Theft Sentence In Medicare Fraud Case
The Ninth Circuit ordered resentencing of a defendant in a case over a $24 million scheme to fraudulently bill Medicare for power wheelchairs and wheelchair repair, finding evidence presented at trial did not support her conviction by a jury on two aggravated identity theft charges.
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February 25, 2026
Fed. Circ. Denies Yet Another Petition Over PTAB Changes
The Federal Circuit on Wednesday rejected another company's challenge to the U.S. Patent and Trademark Office's practice of using settled expectations as a reason to deny patent reviews, leaving two petitions over the agency's new institution policies still pending.
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February 25, 2026
NJ Transit Allowed To Pick Horizon Over Aetna, Panel Finds
New Jersey Transit Corp.'s award of a health benefits administration contract to Horizon Blue Cross Blue Shield of New Jersey was not unreasonable despite the proposal being more expensive than one submitted by Aetna, a state appeals panel found Wednesday.
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February 25, 2026
Tom Goldstein Guilty On Tax Evasion, 11 Other Counts
SCOTUSblog founder and famed U.S. Supreme Court advocate Thomas Goldstein was found guilty of tax evasion, as well as aiding in the filing of false tax returns and lying on loan applications, by a Maryland federal jury Wednesday.
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February 25, 2026
Texas Panel Won't Block County's Immigrant Defense Funding
Harris County, Texas, can continue reimbursing nonprofits providing legal services to low-income immigrants in detention or those who face deportation, a state appellate court ruled, finding no proof yet of "actual harm" as Texas appeals the denial of its preliminary injunction bid.
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February 25, 2026
Cat Cover Story In Ginsburg Health Hack Gives Judge Pause
A Fourth Circuit jurist on Wednesday seemed fixated on the feline excuse a former hospital transplant coordinator gave FBI agents when he was questioned in 2019 about accessing U.S. Supreme Court Justice Ruth Bader Ginsburg's healthcare records.
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February 25, 2026
Split Fed. Circ. Affirms Tesla's Loss In Charger Patent Fight
A split Federal Circuit panel on Wednesday refused to revive Tesla's challenge to a Charge Fusion Technologies patent on electric vehicle charging, backing the Patent Trial and Appeal Board's finding that the automobile company failed to show it was invalid.
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February 25, 2026
Pension Fund Presses For CEO Texts In $60B Merger Fight
A union pension fund stockholder urged the Delaware Supreme Court on Wednesday to revive its bid for access to a former Pioneer Natural Resources Co. CEO's undisclosed text messages and emails, arguing that the Delaware Chancery Court set an "impossible" standard in denying inspection of communications tied to the company's $60 billion sale to Exxon Mobil Corp.
Expert Analysis
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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.
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Series
Playing Tennis Makes Me A Better Lawyer
An instinct to turn pain into purpose meant frequent trips to the tennis court, where learning to move ahead one point at a time was a lesson that also applied to the steep learning curve of patent prosecution law, says Daniel Henry at Marshall Gerstein.
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False Ad Suit Shows Need For Clear, Conspicuous Disclosure
The Eleventh Circuit's recent false advertising decision in Federal Trade Commission v. Corpay reiterated the FTC's guidance imploring advertisers to ensure that any disclosures are clear and conspicuous to consumers, providing companies with numerous lessons about truthful advertising and highlighting some common disclosure pitfalls to avoid, says Michael Justus at Carlton Fields.
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Justices' BDO Denial May Allow For Increased Auditor Liability
The Supreme Court's recent denial of certiorari in BDO v. New England Carpenters could lead to more actions filed against accounting firms, as it lets stand a 2024 Second Circuit ruling that provided a road map for pleading falsity with respect to audit certifications, says Dean Conway at Carlton Fields.