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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Farrell Fritz, P.C.

Hindsight Isn’t Fraud: The Commercial Division’s Latest Word on Release Enforcement

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In settlement agreements, a valid release serves as a critical mechanism for resolving disputes between parties.  By its terms, a release is intended to extinguish all claims, both those that are known and unknown to the...more

Polsinelli

Sixth Circuit Holds the Line on FCA Qui Tam Challenges as Eleventh Circuit Looms

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Key Takeaways: Sixth Circuit FCA precedent remains intact. The Sixth Circuit declined to entertain constitutional challenges to the FCA’s qui tam provisions, emphasizing that binding circuit precedent forecloses arguments...more

Arnall Golden Gregory LLP

Landmark $8.75M AGG Class Action Settlement Against UnitedHealthcare Receives Final Approval

Key Takeaways - Court approves landmark settlement expanding access to proton beam radiation therapy (PBRT). Final approval of an $8.75 million ERISA class action settlement requires UnitedHealthcare to revise its PBRT...more

Loeb & Loeb LLP

"Talk Cleanly to Me"—Touting the Quality of Your Skincare and Beauty Products While Mitigating Class Action Litigation Risk

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Assuming the title of this article prompted you to read on, it probably comes as no surprise to you that consumers' interest in the safety and quality of their skincare, fragrance and related personal care products is at an...more

Gordon Rees Scully Mansukhani

The End of Pain and Suffering Damages in California Survival Actions

As of January 1, 2026, California law no longer allows for pain, suffering, or disfigurement damages in survival actions. This change marks the expiration of a temporary statutory amendment that allowed such damages, and a...more

EDRM - Electronic Discovery Reference Model

Lively v. Wayfarer Parties/Baldoni – Requests to Seal, Unseal, and a “Bottom-Line Order”

Lively v. Wayfarer Studios LLC, 2026 WL 145483 (S.D.N.Y. Jan. 20, 2026), is the latest in a long line of discovery and other decisions in this matter. The court wrote: “Before the Court are various requests for sealing and...more

Integreon

How to Get the Most from Agentic AI for In-House Legal Teams: Quality Over Quantity

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Agentic AI is here for in-house legal teams. In simplest terms, it’s the latest evolution of AI and moves beyond behind the scenes passive assistance to action-oriented agents that once created can operate for you to plan,...more

Herbert Smith Freehills Kramer

UPC Structure – Local, Regional And Central Divisions And Court Of Appeal, Judges & Languages (UPDATED)

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

Ward and Smith, P.A.

How to Contest a Will: The Basics

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The validity of a will is formally challenged in what is known as a caveat proceeding. A caveat proceeding is effectively a type of lawsuit that addresses whether a will that has been admitted to probate should be declared...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Refuses to Switch District Court’s Finding for Nintendo

On January 16, 2026, the Federal Circuit rendered an opinion in Gamevice, Inc. v. Nintendo Co. regarding the dispute surrounding U.S. Patent No. 9,808,713 (the ‘713 patent) and U.S. Patent No. 10,391,393 (the ‘393 patent)...more

K&L Gates LLP

Open Justice and Access to Court Documents: What to Expect When Litigating in Europe

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While the United States has long embraced broad public access to court proceedings and records, many European courts have taken a more restrictive approach. ...more

Bradley Arant Boult Cummings LLP

Government False Claims Recoveries Reach Record High, But Relators See Less Money

The Department of Justice announced Friday that it obtained more than $6.8 billion in False Claims Act (FCA) settlements and judgments in the fiscal year ending September 30, 2025 (FY 2025). This is the largest total in a...more

Wiley Rein LLP

Delaware Superior Court Holds Civil Investigative Demand is a Claim under Managed Care E&O Policy

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The Superior Court of Delaware, applying Delaware law, has held that a federal civil investigative demand (“CID”) issued by the Department of Justice (“DOJ”) qualified as a “Claim” under a managed care errors and omissions...more

Troutman Pepper Locke

The Skinny Labeling Saga Continues

Troutman Pepper Locke on

Generic and branded drug manufacturers may soon have long-awaited answers from the Supreme Court regarding skinny labeling practices. On January 16, the Supreme Court granted a generic company certiorari in Amarin Inc. v....more

Sheppard Mullin Richter & Hampton LLP

Notes From The ABA’s 2026 False Claims Act Mock Trial Institute

The ABA’s 2026 False Claims Act Mock Trial Institute, held in New Orleans this year and sold out, once again offered a bevy of lessons, information, and insight. As always, the FCA Mock Trial Institute provided a valuable...more

Blake, Cassels & Graydon LLP

Spoliation de la preuve : La Cour suprême du Canada s’apprête à fournir des indications

Dans l’arrêt SS&C Technologies Canada Corporation c. Bank of New York Mellon Corporation, on s’attend à ce que la Cour suprême du Canada (la « CSC ») donne des indications nationales sur la spoliation — soit la destruction...more

Thompson Coburn LLP

Supreme Court Clarifies Time Limits for Challenging “Void” Judgments Under Rule 60(b)(4)

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The Supreme Court’s recent decision in Coney Island Auto Parts Unlimited, Inc. v. Burton (1/20/26) resolved a decades-long split among circuit courts over whether motions to vacate allegedly void judgments are subject to time...more

Seyfarth Shaw LLP

Mass. Appeals Court: State Agency Entitled to Mass. Equal Pay Act Affirmative Defense

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In an appeal from the first decision to apply the affirmative defense of the Massachusetts Equal Pay Act (“MEPA”), the Massachusetts Appeals Court agreed with the Superior Court that a state agency established the MEPA...more

Troutman Pepper Locke

The Supreme Court Again Declines to Clarify ‘Manifest Disregard’ as a Standard for Vacatur Under the Federal Arbitration Act

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The U.S. Supreme Court denied a petition for writ of certiorari in Zeidman v. Lindell Management LLC, a case involving a $5 million contest promoted by MyPillow founder Mike Lindell. The question in that case was whether...more

Krieg DeVault

Time Limit for Vacating Void Judgments?

Krieg DeVault on

On January 20, 2026, the United States Supreme Court issued its unanimous 9-0 opinion written by Justice Alito with a concurrence by Justice Sotomayor in Coney Island Auto Parts Unlimited, Inc. v. Burton and addressed whether...more

Robinson Bradshaw

How Expert Qualifications Can Make or Break Class Certification

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Class certification can be a key battleground in class actions. Successful certification of a class often gives plaintiffs leverage in a case, while defendants that successfully oppose class certification may significantly...more

HaystackID

Information Governance for Enhanced Legal Hold Process and Improvement

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Editor’s Note: Legal hold failures are often judged with hindsight, as though preservation problems could be avoided with a simple tweak or a few words. Contributing author and seasoned eDiscovery attorney Phil Favro...more

Polsinelli

Supreme Court Grants Cert. Petition in Hikma / Amarin Skinny Labeling Case

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Key Takeaways: Supreme Court to decide if “generic version” marketing can support induced infringement claims. On Jan. 16, 2026, the Court granted Hikma’s petition for cert. in a closely watched case that could redefine...more

The Volkov Law Group

Here They Come: DOJ Brings False Claims Act to Tariffs and Duty Enforcement (Part II of II)

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The Justice Department knows how to use the False Claims Act — it is the primary tool against fraudsters in the healthcare industry, and going back even further, it was used against the defense industry in the 1980s and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation Under the Antiterrorism Act: 2025 Year in Review

Recent years have featured an increasing number of civil actions against corporations asserting claims under the federal Antiterrorism Act of 1990 (ATA), as amended by the 2016 Justice Against Sponsors of Terrorism Act...more

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