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Marshall Dennehey

NY Appellate Division Reverses Trial Court, Grants Summary Judgment to Middle Vehicle in Rear-End Collision

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Portorreal v. Mann, et al., 237 A.D.3d 1120 (2d Dept 2025) - The owner and operator of the middle vehicle in a three-vehicle accident moved for summary judgment. The moving defendant argued that it was stopped 5 to 10 feet...more

Marshall Dennehey

Florida Court Affirms Summary Judgment Based on Unrebutted Testimony of Phantom Vehicle in Rear-End Collision

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Allstate Fire & Cas. Ins. Co. v. Schroeder, No. 1D2023-3363, 2025 WL 1174126 (Fla. 1st DCA Apr. 23, 2025) - This case arises out of a multi-vehicle accident in which the operator of the rearward vehicle claimed that she was...more

EDRM - Electronic Discovery Reference Model

Document Content vs. Metadata in eDiscovery AI: A Clarification of Scope, Access, and Accuracy

Abstract - This article addresses a critical source of confusion in legal technology: the conflation of document content and metadata in generative AI tools for eDiscovery. Document content is the text and visual data you see...more

Saul Ewing LLP

The Friday Five: Five ERISA Litigation Highlights - July 2025

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This month’s Friday Five explores recent ERISA disability benefit decisions involving key issues such as when attorney’s fees should be decided and factors used in determining venue transfer. It also explores retroactive...more

Goodwin

Shareholder Access to Privileged Documents: Views From England and the United States

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In England and the United States, legal professional privilege or attorney-client privilege is considered fundamental to the administration of justice, allowing clients to make confidential, full, and frank disclosure to...more

Genova Burns LLC

NJ Supreme Court Tightens Proof Requirements of Arbitration Agreement

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In its recent decision in Gerald Fazio Jr. v. Altice USA, the New Jersey Supreme Court continued its trend of enforcing strict contract formation requirements in consumer contract cases, serving as a counterbalance to the...more

Seyfarth Shaw LLP

Where It’s Filed Really Matters: Jurisdictional Limits in Wage and Hour Litigation

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The Ninth Circuit’s decision in Harrington v. Cracker Barrel underscores the growing importance of personal jurisdiction in limiting the scope of FLSA collective actions. The court held that employees with no connection to...more

Miles Mediation & Arbitration

Significant Changes Under Georgia’s New Tort Reform Legislation

You likely are aware that Governor Brian Kemp signed Georgia’s tort reform legislation (SB 68) on April 21, 2025, which made a number of changes to Georgia law. This article summarizes some of the major changes under that...more

Jackson Walker

Texas Business Court Denies Severance in Multi-LLC Dispute—Signals Broad View of Jurisdiction

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In a recent decision out of the Texas Business Court’s Eleventh Division—Kassam v. Dosani, Cause No. 24-BC11A-0021—the court refused to let defendants fracture a complex business dispute into smaller pieces. The result? A...more

Carlton Fields

Florida Appeals Court Decisions Week of July 7 - 11, 2025

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U.S. Eleventh Circuit Court of Appeals - Heid v. Rutkoski - § 1983, qualified immunity - Nalco v. Bonday - arbitration, vacatur - Sunshine State v. US CIS - immigration, EB-5, annual fee, retroactivity ...more

Orrick, Herrington & Sutcliffe LLP

District court denies six organizations from intervening in Section 1033 rule litigation

On July 8, the U.S. District Court for the Eastern District of Kentucky denied several memoranda for leave to file as amicus curiae in support of an intervenor trade association in a challenge to the CFPB’s Section 1033 rule....more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Holds Applicant Admitted Prior Art Cannot Form “Part of the Basis” of an IPR Ground, Reversing a PTAB Win for...

The Federal Circuit recently reversed a PTAB determination on remand that a patent was obvious over applicant admitted prior art (“AAPA”) in combination with prior art patents, holding that expressly designating AAPA as a...more

Goldberg Segalla

Virginia Court Limits Discovery in Talc Trade Libel Case

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United States District Court for the Eastern District of Virginia, Newport News Division - In the case of Pecos River Talc LLC v. Emory, plaintiff Pecos River Talc LLC (“Pecos River”) – a corporate entity formed as part of...more

Morgan Lewis

‘Settled Expectations,’ PTAB’s New Discretionary Denial Factor, Gains Additional Footing in Dabico

Morgan Lewis on

Acting Director of the USPTO Coke Morgan Stewart recently discretionarily denied institution of an inter partes review (IPR) based on a new consideration, “settled expectations,” that is, the length of time that the...more

Sheppard Mullin Richter & Hampton LLP

Cement and Concrete Admixture Price Fixing Conspiracy Allegations Not Strong Enough to Survive Motion to Dismiss

Judge Lewis Liman in the Southern District of New York recently dismissed antitrust complaints brought by direct and indirect purchasers against six major suppliers of concrete admixtures, cement additives, admixtures for...more

Sullivan & Worcester

Open Books, Narrow Rulings: The Northern District of California Grants AI Companies a Limited Fair Use Victory

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Since generative AI began its rapid ascent in 2022, the creative, tech and legal industries have grappled with a fundamental question: does using copyrighted works to train AI models violate the rights of creators, or does it...more

Bass, Berry & Sims PLC

Eighth Circuit Vacates FTC’s Click-to-Cancel Rule

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On July 8, the U.S. Court of Appeals for the Eighth Circuit issued a unanimous opinion in Custom Communications Inc. v. Federal Trade Commission that vacates the Federal Trade Commission’s (FTC) Rule Concerning Recurring...more

Woods Rogers

Federal Court Blocks Implementation of Birthright Citizenship Executive Order—For Now

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Enforcement of the Executive Order (EO) 14160 on birthright citizenship has been blocked temporarily. However, employers should keep a close eye on legal developments. While this EO does not directly impact employers,...more

Axinn, Veltrop & Harkrider LLP

Hanging in the Balance: Supreme Court Declines to Decide the Uninjured Class Member Question in Labcorp v. Davis

Labcorp v. Davis brought a pivotal question to the fore: Can a court certify a class under Federal Rule of Civil Procedure 23(b)(3) that includes uninjured members? The case had the potential to significantly affect forum...more

Phelps Dunbar

TX Supreme Court Emphasizes Negligence Does Not Always Result in “Negligent”

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In a recent opinion issued on June 27, the Supreme Court of Texas emphasized that the presence of negligence does not always lead to liability, and Texas law requires more from those seeking such a finding....more

Bressler, Amery & Ross, P.C.

Yes, an Arbitrator Can Exceed Their Powers in the Eleventh Circuit

The reports of the death of Section 10 of the FAA may have been greatly exaggerated. Thursday, a majority of the Eleventh Circuit held in Nalco Co. LLC v. Bonday that an arbitration award was subject to vacatur under Section...more

Haight Brown & Bonesteel LLP

California Court of Appeal Clarifies Right of a Party to Oppose Summary Judgment Motions - Even Without Cross-Claims

The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more

Mintz - Health Care Viewpoints

DOJ Issues Subpoenas Targeting Transgender Care to Minors: What Health Care Providers Need to Know

In a brief press release published on July 9, 2025, the Department of Justice (DOJ) announced the issuance of more than 20 subpoenas to doctors and clinics as part of investigations into health care fraud, false statements,...more

ArentFox Schiff

Investigations Newsletter: Federal Court Imposes Nearly $1 Billion in FCA Damages and Penalties Against Omnicare and CVS

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Federal Court Imposes Nearly $1 Billion in FCA Damages and Penalties Against Omnicare and CVS - On July 7, Southern District of New York District Judge Colleen McMahon increased a False Claims Act (FCA) judgment from $136...more

Mintz - Intellectual Property Viewpoints

Return to Real (Pre-eBay) Injunctive Relief?

In a rare occurrence, the DOJ’s Antitrust Division and USPTO submitted a joint “Statement of Interest of the United States of America” (DOJ Statement) in support of injunctive relief in a district court patent case: Radian...more

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