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Littler

Littler Lightbulb – October 2025 Employment Appellate Roundup

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Seventh Circuit Affirms Summary Judgment for University in Professor’s Race Bias Suit Saud v. DePaul University, 154 F.4th 563 (7th Cir. 2025), involved a former university professor’s claim of race discrimination in...more

Falcon Rappaport & Berkman LLP

Bankruptcy Court Grants In Rem Relief to Creditor, Strengthening Protections Against Serial Bankruptcy Filers

In a recent decision that reinforces creditor protections against serial bankruptcy filers, the United States Bankruptcy Court for the Eastern District of California granted in rem stay relief under Section 362(d)(4) of the...more

Goldberg Segalla

Order Granting Defendant Stephan Co’s Motion to Dismiss for Lack of Personal Jurisdiction

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Court: Business and Consumer Court of Maine, Cumberland County - In this matter, Stephan Co. (“Stephan”) filed a motion to dismiss for lack of personal jurisdiction. The plaintiff, Jan Cuthbertson (“Plaintiff”), lives in...more

Bailey & Glasser, LLP

"Is the Future of the Civil Trial Hybrid? Federal Rules Committee Considering Amendments to FRCP 43"

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Future amendments to the Federal Rules of Civil Procedure may make it easier to use remote witness testimony in federal civil trials. The Advisory Committee in charge of proposing Civil Rules amendments recently signaled that...more

Ervin Cohen & Jessup LLP

The High Price of Delay: California's SB 261 and the Triple Penalty

The landscape of wage enforcement in California has fundamentally changed with the enactment of Senate Bill 261 (SB 261), a law designed to eliminate the otherwise questionable strategy of ignoring wage judgments. ...more

BakerHostetler

The Federal Circuit Will Not Disrupt the USPTO’s New Era of Discretionary Denials

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In a trio of rulings on Nov. 6, 2025, the Federal Circuit delivered a clear message: discretionary denial of Inter Partes Review (IPR) petitions is unreviewable on appeal. The court will not interfere with the U.S. Patent and...more

Maynard Nexsen

They Said What?!: Protect Your Internal Discussions from Disclosure in Litigation

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When discussing complex employment issues, an employer would be wise to take steps to ensure that communication is protected from disclosure and remains confidential, preventing it from becoming discoverable in future...more

Husch Blackwell LLP

Supreme Court Declines to Resolve Commerce Clause Challenge to Pennsylvania’s Consent-to-Jurisdiction Statute

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On October 6, 2025, the United States Supreme Court denied certiorari in Syngenta Crop, LLC v. Nemeth, passing on an opportunity to clarify its prior decision in Mallory v. Norfolk Southern and address whether Pennsylvania’s...more

Array

Legal Hold Isn’t Optional: Why It Matters and What to Look For

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Litigation today moves fast – and so does data. Legal teams are expected to manage vast and ever-changing volumes of information while maintaining compliance, protecting client confidentiality, and staying ready for whatever...more

Porter Hedges LLP

Should I File My Next Construction Case in the New Texas Business Court? Maybe. (Nov 2025 Update)

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In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more

Buchalter

Construction Expert and Judge Living in the Same Hood Is Not Grounds For Recusal

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In a recent Tennessee Court of Appeals decision, Nowaczyk v. Daniels Construction (Nov. 4, 2025), a contractor tried to disqualify the trial judge because the judge happened to live in the same neighborhood as a potential...more

King & Spalding

Southern District of New York Finds Bankruptcy Plan Administrator Bound By Rule 9(b) in Claims Against Bank

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On August 4, 2025, the U.S. District Court for the Southern District of New York granted Metropolitan Commercial Bank’s motion to dismiss a complaint by the plan administrator for the Voyager Wind-Down Debtor for failure to...more

Walkers

Interim injunctions in Jersey: American Cyanamid Plus

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The American Cyanamid test remains the standard test in Jersey for interim injunctions. However, a more exacting 'Cyanamid Plus' test may be applied in exceptional cases, particularly where the interim relief would...more

Epstein Becker & Green

Sixth Circuit Says It Again: Outside Counsel’s Internal Investigations Are Privileged and Protected from Disclosure

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In Summer 2025, the U.S. Court of Appeals for the Sixth Circuit issued a strongly worded decision in In Re: FirstEnergy Corporation (No. 24-3654)—confirming the core concept that internal investigations conducted by counsel...more

Hall Benefits Law

Lyft Pays $19.4 Million to NJ Attorney General’s Office for Driver Misclassification

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The New Jersey Attorney General’s Office has announced that Lyft has paid off the $19.4 million it owed to the state for misclassifying drivers as independent contractors....more

Weber Gallagher Simpson Stapleton Fires &...

Key Witnesses and Critical Distance: Tranter Reaffirms Venue Transfer Standards

You know the emergency response is not good when you get a call at 4:30 a.m. telling you to turn on CNN. On January 5, 2020, a Z&D Tour Bus carrying 59 passengers on board rolled over on the Pennsylvania Turnpike in...more

EDRM - Electronic Discovery Reference Model

Attorneys Sanctioned for Social Media Research on Prospective Jurors

A trial court imposed a $10,000 sanction on attorneys for conducting juror research on a social media platform in a $174 million lawsuit.  Elliot Weld, Alston & Bird Sanctioned $10K For LinkedIn Juror Research – Law360 (Oct....more

JAMS

Settlement: A Compass for Mediators in Difficult Situations

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Private mediation has become a fixed feature of the litigation cycle, driven by crowded court dockets, the rising costs of trial, and encouragement from the judiciary. Ironically, even with instant communication tools,...more

Lowenstein Sandler LLP

Chemical Exposure Alone Is Insufficient for Toxic Tort Standing in Colorado

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On October 30, the Colorado Court of Appeals affirmed the dismissal of a putative class action complaint seeking medical monitoring, holding that the representative plaintiff lacked standing because mere exposure to ethylene...more

McDermott Will & Schulte

Reframing the claim: Plain and ordinary meaning falls to lexicography

The US Court of Appeals for the Federal Circuit affirmed a district court’s construction of a claim, finding that the plain and ordinary meaning of a disputed term was redefined by the patentee under principles of...more

Fish & Richardson

Texas Round-Up: September 2025

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The September 2025 edition of our Texas Round-Up focuses on developments in cases involving jurisdiction and pleadings....more

Klein Moynihan Turco LLP

TikTok Pixel CIPA Claims Are Running on Borrowed Time

As our readers are aware, California Invasion of Privacy Act (“CIPA”) lawsuits have recently dominated headlines in the California consumer privacy space. Most, if not all, of these lawsuits involve defendants that operate...more

Freeman Mathis & Gary

Ninth Circuit defines the “costs” associated with offers of judgment or settlement

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In Alvarado v. Wal-Mart Associates, Inc., issued by the United States Court of Appeals for the Ninth Circuit on September 30, 2025, the court clarified the scope of awards under California Code of Civil Procedure Section 998....more

Ballard Spahr LLP

Trump Administration declines to respond to Supreme Court petition filed by ousted Democratic NCUA board members

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The Trump Administration has declined to respond to a Supreme Court petition by the two ousted Democratic NCUA board members who are asking for the court to consider their case....more

McGuireWoods LLP

How Can Litigants Relying on a Market Survey Protect Their Communications About the Survey? Part I

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False advertising plaintiffs must prove consumer confusion and often rely on market surveys to support their contentions. But like any litigants relying on such surveys, they obviously will want to claim privilege and/or work...more

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