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Q1 - 2026 - FMG Professional Liability Quarterly Report

A summary of the important professional liability topics by our expert team members for the first quarter. USPS POSTMARK PROCEDURE CHANGE- The U.S. Postal Service has implemented a significant operational change that...more

Supreme Court argument highlights the reach of Federal Records-Falsification Law

The statute at issue in Abouammo v. United States is 18 U.S.C. section 1519, which makes it a crime to “knowingly alter, destroy, mutilate, conceal, cover up, falsify, or make a false entry in any record, document, or...more

Beyond deadline math: The Eleventh Circuit’s practical take on equitable tolling

In Beazer v. Richmond County Constructors, LLC (Mar. 10, 2026), the Eleventh Circuit held that equitable tolling saved the plaintiff’s Title VII complaint even though the district court received it after the ninety-day...more

When the removal defect “lingers,” the judgment dies

In Hain Celestial Group, Inc. v. Palmquist (Feb. 24, 2026), the Supreme Court unanimously held that when a case is improperly removed to federal court for lack of complete diversity, a district court cannot “cure” the...more

Beyond tariffs: The Supreme Court’s major questions divide

Learning Resources, Inc. v. Trump is, on its face, a statutory interpretation case about whether the International Emergency Economic Powers Act (IEEPA) authorizes the President to impose tariffs. But the opinion also became...more

Rule 8 reloaded: Ninth Circuit takes aim at shotgun pleadings

The Ninth Circuit’s recent decision in Gibson v. City of Portland signals a broader shift in how district courts may treat unclear complaints. In this qualified immunity case, the district court dismissed on both...more

Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case

In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more

Big changes in med-mal: SCOTUS bars Delaware’s affidavit-of-merit in Federal Court

In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law...more

Rule 60(b)(4): Not a Get-Out-of-Time-Free card. Supreme Court closes the door on “void anytime” motions.

In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set...more

Vertical stare decisis: Can a District Court of Appeal overrule Florida Supreme Court precedent?

The First District Court of Appeal recently struck down a Florida law that prohibited people from openly carrying firearms in public. The court held that section 790.053 violated the Second Amendment as applied to the states...more

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