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Herbert Smith Freehills Kramer

Australia’s class action future: Three critical questions every decision maker should ask

Our Regulatory and Class Action Risk Symposium reflected the changing landscape of risk, regulation, and corporate accountability in Australia. In his opening address, Jason Betts, HSF Kramer’s Global Co-Head of Class Actions...more

DLA Piper

Federal Court of Appeal revisits patent issues in NCS Multistage v. Kobold

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A recent ruling by the Federal Court of Appeal in NCS Multistage Inc. v. Kobold Corporation provides critical clarification on three key aspects of Canadian patent law: claim construction, obviousness-type double patenting,...more

Akin Gump Strauss Hauer & Feld LLP

Delaware District Court Clarifies That Enhanced Damages Are a Form of Relief, Not a Claim That Can Be Dismissed on a Motion under...

The District of Delaware recently denied a defendant’s motion to dismiss plaintiff’s demand for enhanced damages based on willful infringement pursuant to 35 U.S.C. § 284, explaining that neither a demand for damages under §...more

DLA Piper

Key changes to New Zealand High Court Rules – implications for businesses

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The High Court (Improved Access to Civil Justice) Amendment Rules 2025, effective from 1 January 2026, introduce significant reforms designed to streamline litigation, reduce costs, and encourage early resolution. These...more

Tannenbaum Helpern Syracuse & Hirschtritt LLP

Access Agreements with Adjacent Property Owners – Amendment to RPAPL §881

Effective December 5, 2025, the State of New York amended Real Property Actions and Proceedings Law §881 (RPAPL §881). The amendment significantly changes how developers may obtain access to adjoining properties through...more

Troutman Pepper Locke

“All Foam and No Beer:” First Circuit Shields Lab From Relator’s Ginned-Up FCA Case

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The U.S. Court of Appeals for the First Circuit has weighed in on Omni Healthcare, Inc.’s (Omni) False Claims Act (FCA) allegations against MD Labs, issuing a decisive win for the defendant. On December 1, 2025, a unanimous...more

Amundsen Davis LLC

Ohio House of Representatives Passes Bill to Bring Transparency to Third-Party Litigation Funding

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On November 19, 2025, the Ohio House of Representatives passed House Bill 105 aimed at addressing, in part, individual third-party legal financing agreements. These agreements are typically used by personal injury plaintiffs...more

Cohen Seglias Pallas Greenhall & Furman PC

Understanding Interstate Custody Jurisdiction Under the UCCJEA: A Guide for New Jersey Parents

When parents live in different states, questions often arise about which court can decide child custody. This issue—known as jurisdiction—can be complex and stressful and can significantly affect the outcome of a custody...more

Gordon Rees Scully Mansukhani

Colorado’s Evolving Malpractice Damages Framework: Legislative Increases and Supreme Court Guidance

The landscape surrounding Colorado’s healthcare malpractice damage caps continues to shift. Earlier this year, the Colorado General Assembly enacted wholesale changes to the Health Care Availability Act (HCAA). These changes...more

Farrell Fritz, P.C.

Hop Farmers Face Membership Forfeiture as a Deadlock Breaker and a Bitter Lesson on Pleading Shortcuts

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If 2025 saw an increase in New York courts’ willingness to favorably consider whether deadlock between members is, standing alone, sufficient grounds for judicial dissolution of LLCs (see here, here), it’s only natural to...more

Robinson+Cole Data Privacy + Security Insider

Massachusetts High Court Weighs Instagram Lawsuit: Is Meta Getting Kids Hooked — And is That Illegal?

Last week, Massachusetts’ Supreme Judicial Court delved into a case with potentially national implications: should Meta platforms face a lawsuit alleging that Instagram’s design illegally hooks kids with addictive features?...more

Robins Kaplan LLP

Robins Kaplan Secures $5 Million Jury Verdict in New Jersey's First-Ever Clergy Sexual Abuse Trial Against Catholic Church Entity

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In a historic legal outcome, the national trial firm Robins Kaplan LLP announced it has secured a $5 million compensatory jury verdict on behalf of a survivor of child sexual abuse, T.M., against the Order of St. Benedict of...more

Patterson Belknap Webb & Tyler LLP

This Wallet Case Has Yet to Fold: Judge Komitee Denies Motion to Dismiss Patent Infringement Claims

On December 9, 2025, District Judge Eric Komitee (E.D.N.Y.) denied Defendant Bemmo, Inc.’s (Bemmo) motion to dismiss under Federal Rule of Civil Procedure 12(b)(6), finding Plaintiff The Ridge Wallet, LLC (Ridge Wallet) pled...more

Law Office of Jason Ostendorf

Are Oral Arguments Still Worth It? What Appellate Courts Actually Decide Without Them

Oral argument occupies a privileged place in appellate mythology. It is often described as the moment when judges engage counsel, probe weaknesses, and decide close cases. In modern appellate practice, however, that...more

Cornerstone Research

An Unreliable Approach to Class Certification in Antitrust Litigation

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A key question in class certification decisions in the United States is whether class-wide evidence can be used to determine whether the challenged conduct resulted in harm to all or almost all proposed class members....more

Ropes & Gray LLP

The Eleventh Circuit Questions the Constitutionality of FCA’s Qui Tam Provision

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Friday, the Eleventh Circuit heard oral argument in a closely watched appeal concerning whether the qui tam provisions of the False Claims Act (“FCA”) are constitutional....more

Butler Snow LLP

Rule 45, Remote Testimony, and the Future of Subpoenas in Medical Device Litigation

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Rule 45(c) of the Federal Rules of Civil Procedure protects witnesses from being compelled to travel long distances to testify at trial by placing geographical limits on the court’s subpoena power....more

Fishman Haygood LLP

California Court Certifies Narrow Class for Damages Under ERISA and RICO Related to Inflated Balance-Billing Practices

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The U.S. District Court for the Northern District of California recently certified a narrow damages class under ERISA and RICO in L.D. v. United Behavioral Health, a case involving allegations of inflated balance-billing...more

U.S. Legal Support

What is an Errata Sheet?

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Your batch of chocolate chip cookies won’t turn out very good if you think someone is telling you to add flower instead of flour. Homonyms—words that sound or look the same but have different meanings—can cause trouble when...more

Weber Gallagher Simpson Stapleton Fires &...

New York 3rd. Department Update: Tell Us Why, Tell Us How, Show Us You Tried

Three New York 3rd Dept. workers’ compensation cases dropped last week: Fuller-Astarita. A bus driver’s assistant was hit by a bus owned by her employer....more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from December 12, 2025

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The Alabama Supreme Court issued its weekly release list on Friday, December 12, which included the following opinions of interest to the Alabama business community...more

Hissey, Mulderig & Friend, PLLC

Depo-Provera and Meningioma Brain Tumors: What Women Should Know About the Latest Lawsuits

Understanding the Link Between Depo-Provera and Meningioma - In recent years, several major medical studies have identified a potential association between the Depo-Provera birth control shot and the development of meningioma...more

Wiley Rein LLP

Insurer Liable for Pollution Settlement After Denial of Defense Based on Extrinsic Evidence in Clean Water Act Suit

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The United States District Court for the Western District of Washington, applying Washington state law, has held that an environmental liability insurer breached its duty to defend in bad faith by relying on extrinsic...more

Freeman Mathis & Gary

Most consequential civil decision of 21st Century issued by Illinois Supreme Court on standing

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In a seminal decision, the Illinois Supreme Court held that a plaintiff lacked standing to bring a FACTA violation claim because she did not raise concrete harm in her pleadings. The plaintiff in Fausett v. Walgreen Company...more

Carlton Fields

Florida Appeals Court Decisions Week of December 8 - 12, 2025

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U.S. Eleventh Circuit Court of Appeals - Settle v. Collier - § 1983, qualified immunity - Fairfield So v. OWC - Black Lung Benefits, statutory interpretation, underground mine - USA v. Cremades - drug distribution,...more

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