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Civil Procedure Energy & Utilities

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Shumaker, Loop & Kendrick, LLP

Digital Risk Report, February 2026

AI, Privilege, and the Courts: Key Ruling on AI-Generated Legal Materials As artificial intelligence (AI) transitions from experimental models to practical, agent-driven applications in 2026, legal professionals and clients...more

Haynes Boone

Gateway to Termination: Supreme Court Narrows “Repeated Defaults” Termination

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Contracts in the energy and construction sectors regularly provide a party with a right to terminate for specified defaults by their counterparty. Where, for example, an employer fails to pay on time, this may only give rise...more

Whiteford

Common Will Dispute Scenarios in Virginia

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Will contests are among the most common and also the most emotionally charged types of estate disputes. A will is a legal document setting forth a person’s directions for the disposition of their probate estate upon their...more

Lathrop GPM

Wisconsin Federal Court Denies Franchisee’s Motion to Dismiss Declaratory Judgment Suit Concerning Arbitrability

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In a dispute over whether individuals signing a franchise agreement are subject to the franchise agreement’s arbitration provisions, a federal court in Wisconsin denied a motion to dismiss a request for the federal court to...more

EDRM - Electronic Discovery Reference Model

Possession, Custody, or Control – Need for a Uniform National Standard – Part II

In L.S. v. Bolduan, 2026 WL 95689 (W.D. Wash. Feb. 12, 2026), under the “legal right test,” defense counsel–who obtained information from their institutional client in a State court case–did not have possession, custody, or...more

Winstead PC

Texas Supreme Court Holds That An Order Admitting A Will To Probate Was Not A Final Order Because It Did Not Resolve A Will...

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In In the Estate of Wheatfall, after Hugh Wheatfall died in 2018, Isaiah Wheatfall filed for letters of administration in February 2019, claiming intestacy, and Theresa DeBose filed to probate a 2009 will one week later. No....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

IP Hot Topic: Privilege Preserved: OpenAI Escapes Forced Disclosure of Attorney Communications in Major Copyright Fight

In a ruling with major implications for AI companies navigating copyright litigation, a federal judge in a copyright action against OpenAI has drawn a bright line between denying wrongdoing and inviting discovery into...more

Orrick, Herrington & Sutcliffe LLP

District court dismisses proposed mortgage discrimination class action with prejudice

On February 5, the U.S. District Court for the Northern District of Illinois dismissed with prejudice a putative class action lawsuit alleging race discrimination in mortgage lending. ...more

Morgan Lewis

TVPA’s Quiet Shift to Enterprise Litigation: A Corporate Primer on Human Trafficking Liabilities

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This LawFlash explains how the Trafficking Victims Protection Act’s civil cause of action is being used to pursue sex trafficking claims against institutional defendants, why certain industries are being targeted, and what...more

Orrick, Herrington & Sutcliffe LLP

CFPB union urges D.C. Circuit to uphold injunction blocking the Bureau’s shutdown

On February 2, the union representing CFPB employees filed an en banc brief in the U.S. Court of Appeals for the D.C. Circuit, urging the court to uphold the district court’s preliminary injunction preventing the executive...more

Winstead PC

Court Holds That A Trustee Was Not A Party To A Suit Where He Was Not Sued In That Capacity And That A Ward In A Guardianship Had...

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In In re Gregg, Kenneth Gregg, an elderly man with dementia, transferred property to his son Monte Gregg in 2023. No. 07-25-00035-CV, 2025 Tex. App. LEXIS 3805 (Tex. App.—Amarillo May 29, 2025, no pet.)....more

Zelle  LLP

Hermes Wins Dismissal of Tying Claims

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On September 17, 2025, Northern District of California Judge James Donato granted Hermes International and Hermes of Paris’s motion to dismiss the second amended complaint by a putative class on behalf of national and...more

Marshall Dennehey

Pennsylvania Supreme Court to Decide Whether Key Exceptions Could Erode the 12-Year Construction Statute of Repose

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Aloia v. Diament Bldg. Corp., 329 A.3d 586 (Pa. 2024) and Clearfield County v. Transystems Corp., 338 A.3d 110 (Pa. 2025) - The Pennsylvania Supreme Court has accepted review in two matters that could materially affect the...more

Marshall Dennehey

Eleventh Circuit Affirms Summary Judgment for Employer in ADA Disability Discrimination Suit

Marshall Dennehey on

Emily Laughlin v. Miami-Dade County, Florida, No. 24-13284, 2025 WL 3633853 (11th Cir. Dec. 15, 2025) - Emily Laughlin, a 12-month probationary employee with Miami-Dade County’s Animal Services Department, began experiencing...more

Marshall Dennehey

Third Circuit Affirms Summary Judgment for Employer in Title VII Race Discrimination Case: Comparator Evidence Insufficient

Marshall Dennehey on

Clark v. The Trustees of the University of Pennsylvania, 2025 WL 3516770 (E.D. Pa. Dec. 8, 2025) - The plaintiff, a clinical pharmacist, alleged race-based discrimination under Title VII of the Civil Rights Act of 1964, 42...more

Freeman Mathis & Gary

Rule 8 reloaded: Ninth Circuit takes aim at shotgun pleadings

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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

Akin Gump Strauss Hauer & Feld LLP

Court Denies Motion to Compel Where Broad Request for Communications Exceeded Narrow ‘Impetus’ for Discovery

In an ANDA litigation, the District of Delaware recently denied the defendants’ motion to compel the production of correspondence between the plaintiffs’ testifying expert and a third-party analyst who had performed...more

A&O Shearman

UK Pensions: What’s new this week? February 2026 # 3

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Welcome to your weekly update from the A&O Shearman Pensions team, covering all the latest legal and regulatory developments in the world of workplace pensions. High Court refuses to strike out Capita litigation - The...more

White & Case LLP

Nigeria v VR Global Partners LP & Ors – English Court of Appeal reaffirms robust case management powers in third-party cost claim

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On 23 January 2026, the Court of Appeal delivered an important judgment in The Federal Republic of Nigeria v VR Global Partners LP & Ors, reaffirming the English courts' robust and pragmatic approach to case management in...more

Winstead PC

Court Holds That A Trust Should Be Construed Under Connecticut Law Due To A Choice-Of-Law Clause And Reverses the Dismissal of...

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In Litoff v. Case, a beneficiary sued a trustee regarding a trust modification claim and a claim for an accounting. No. 03-24-00400-CV, 2025 Tex. App. LEXIS 3645 (Tex. App.—Austin May 29, 2025, no pet.). The trial court had...more

Lathrop GPM

Louisiana District Court Grants Franchisor’s Motion to Remand Case to State Court

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In 1 Percent Lists Franchises, LLC v. Sell Smart, LLC, 2026 WL 183512 (E.D. La. Jan. 23, 2026), 1 Percent Lists Franchises, a real estate franchisor brought claims in state court against Sell Smart, a former franchisee, and...more

Perkins Coie

Ninth Circuit Upholds Arbitrator Award Containing Clear Factual Error

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The U.S. Court of Appeals for the Ninth Circuit recently affirmed an arbitration award despite clear factual error, finding that the factual error was not so critical, obvious, or intentional that it amounted to manifestly...more

Pierce Atwood LLP

First Circuit 2025 Arbitration Update: Key Decisions Focus on Enforceability, Delegation, and Stays Pending Arbitration

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Federal courts within the First Circuit issued numerous decisions in 2025 that reflect important trends for the enforceability of arbitration provisions and the arbitration process generally. These decisions include the...more

Purpose Legal

From Early Case Assessment to Early Case Intelligence

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How AI is transforming case strategy, cost control, and defensibility before review begins. Early Case Assessment (ECA) has long been the starting point for understanding risk, scope, and cost. But today’s matters move...more

Carlton Fields

Florida Appeals Court Decisions Week of February 9 - 13, 2026

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U.S. Eleventh Circuit Court of Appeals - O’Neal v. Am Shaman - FLSA, settlement, litigation bar - USA v. Mullings - plea withdrawal, sentencing - USA v. Hicks - felon with firearm, sentencing No decisions this...more

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