News & Analysis as of

Civil Procedure law-news Professional Malpractice

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
A&O Shearman

Objection! Use it or lose it? Court of Appeal examines when a late jurisdictional objection may still be permitted

A&O Shearman on

Under ss. 31 & 73 of the Arbitration Act, late jurisdictional objections may nonetheless be permissible if a counterparty does not object to the lateness and a tribunal goes on to decide the objection in an award. If a party...more

Orrick, Herrington & Sutcliffe LLP

District court certifies class in ‘pay-to-pay’ fee case

On November 3, the U.S. District Court for the Northern District of West Virginia certified a class in a class action case alleging a federal credit union charged fees in connection with monthly loan payments that violated...more

Winstead PC

Court Held That The TCPA Did Not Apply To A Sanctions Motion In A Trust Dispute And That Contingent Remainder Beneficiaries Had...

Winstead PC on

In White v. White, plaintiffs sued their uncles and their aunts for breaches of fiduciary duties related to the uncles’ individual trusts. No. 03-24-00110-CV, 2025 Tex. App. LEXIS 3643 (Tex. App.—Austin May 29, 2025, no...more

Lathrop GPM

Illinois Federal Court Transfers TCPA Class Action against Manufacture and Seller

Lathrop GPM on

A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more

Winstead PC

Court Holds That An Estate Beneficiary Does Not Have Standing To Bring Claims Owned By The Estate While The Estate Is Pending

Winstead PC on

In Serna v. Banks, the central legal issue addressed was whether an heir has standing to bring tort claims (such as breach of fiduciary duty, conversion, fraud, and negligence) for property belonging to a decedent’s estate...more

Carlton Fields

Florida Appeals Court Decisions Week of November 3 - 7, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - USA v. Miller - sentencing - USA v. Carter - sex trafficking, evidence, Confrontation Clause, constructive amendment - Aguirre-Jarquin v. Hemmert - § 1983, IIED, qualified...more

Fox Rothschild LLP

Should I Appeal My Terminated Grants in District Court or the Court of Federal Claims?

Fox Rothschild LLP on

In 2025, the government has canceled or discontinued billions of dollars in federal grants. Entities seeking to challenge these terminations have faced uncertainty as to which forum is appropriate for such claims. A federal...more

Seyfarth Shaw LLP

Third Circuit Clarifies that FLSA Claims May Be Released by Absent Class Members

Seyfarth Shaw LLP on

The Third Circuit held that Section 216(b) of the FLSA does not prohibit the release of FLSA claims in an opt-out class-action settlement. Settling “hybrid” cases in the Third Circuit just became easier for parties...more

Foster Swift Collins & Smith

Can You Get a “Do-Over” Divorce?

On September 12, 2025, the Court of Appeals told us to think ahead because you do not get a “do-over” divorce. ...more

Freiberger Haber LLP

“Variety is the Spice of Life” — Service of Process under CPLR 308(4)

Freiberger Haber LLP on

William Cowper, in his Eighteenth-Century poem “The Task,” coined the phrase “Variety’s the very spice of life.” Today, this phrase is used in many contexts; albeit not so frequently when discussing service of process under...more

Littler

Littler Lightbulb – October 2025 Employment Appellate Roundup

Littler on

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

Goldberg Segalla on

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"

Bailey & Glasser, LLP on

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

BakerHostetler on

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

Maynard Nexsen on

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

Husch Blackwell LLP on

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

Array on

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)

Porter Hedges LLP on

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

Buchalter on

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

King & Spalding on

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

Walkers on

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

Epstein Becker & Green on

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

Hall Benefits Law on

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

81,255 Results
 / 
View per page
Page: of 3,251

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide