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Latest News in Appellate

• February 11, 2026

  Justices' Monsanto Decision May Fix A Preemption Mistake

  In Monsanto Co. v. Durnell, the U.S. Supreme Court will address whether federal law preempts states' label-based failure-to-warn claims when federal regulators have not required a warning — and its decision could correct a long-standing misinterpretation of a prior high court ruling, thus ending myriad meritless state law personal injury claims, says Lawrence Ebner at Capital Appellate.

• February 11, 2026

  Tips From Del. Decision Nixing Major Earnout Damages Award

  The Delaware Supreme Court recently vacated in part the largest earnout-related damages award in Delaware history, making clear that the implied covenant of good faith and fair dealing cannot be used to rescue parties from drafting choices where the relevant regulatory risk was foreseeable at signing, say attorneys at Sullivan & Cromwell.

• 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.

• 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.

• 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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