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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from February 6, 2026

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The Alabama Supreme Court issued its weekly release list on Friday, February 6, which included the following opinion of potential interest to the Alabama business community...more

Fox Rothschild LLP

A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Issues Raised by a Party’s Failure To...

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A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be...more

Cranfill Sumner LLP

Our Company Just Received a Demand to Exercise “Information Rights.” Now What?

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Disputes among company owners can arise where minority owners feel excluded or suspect mismanagement. Under the North Carolina Limited Liability Company Act and the North Carolina Business Corporation Act (the “Acts”),...more

Genova Burns LLC

Second Court Issues 10(j) Injunction Applying the Stricter Starbucks Standard

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SCOTUS’s recent adoption of a stricter standard for issuing unfair labor practice injunctions did not prevent Region Four of the NLRB from securing an injunction against a residential treatment facility’s subcontracting the...more

Hinshaw & Culbertson - Lawyers' Lawyer...

New Year, Same Bar License Oath—But Attorney Civility Means More in 2026

Beginning in 2026, California attorneys will face a new requirement during the annual license renewal: the obligation to re-attest each year to a civility oath. The oath—simple in language yet significant in purpose—states: ...more

A&O Shearman

Federal District Court Dismisses Foreign Parent Companies For Lack Of Jurisdiction In Polyurethane Price-Fixing Case

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On January 29, 2026, U.S. District Judge W. Scott Hardy of the Western District of Pennsylvania (W.D. Pa.) unsealed his January 8, 2026, opinion dismissing price-fixing claims against two foreign corporations for lack of...more

King & Spalding

New York Appellate Court Reverses Denial of Bank’s Summary Judgment Motion for Amounts Owed Under Cancelled Credit Agreement

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On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more

Paul Hastings LLP

LWDA Issues Groundbreaking PAGA Regulations

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In a first, the California Labor and Workforce Development Agency (LWDA) issued proposed rulemaking on Feb. 6 concerning interpretation of the California Private Attorneys General Act (PAGA). The regulations come after...more

A&O Shearman

Delaware Court Of Chancery Denies Special Litigation Committee's Motion To Terminate Due To Questions About Independence

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On January 30, 2026, Chancellor Kathaleen St. J. McCormick of the Delaware Court of Chancery granted defendants’ motion to strike but denied a motion to terminate a derivative action asserting fiduciary breach claims against...more

A&O Shearman

Ninth Circuit Partially Revives Putative Class Action Against Manufacturer Of Pop Culture Collectibles

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On February 4, 2026, the United States Court of Appeals for the Ninth Circuit reversed in part a decision from the United States District Court for the Western District of Washington granting a motion to dismiss a putative...more

Seyfarth Shaw LLP

The AVOID Act: A New Timeline for Liability in New York Construction Projects

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By April 18, 2026, New York construction litigation will operate on a faster—and far less forgiving—timeline. The Avoiding Vexatious Overuse of Impleading to Delay (the “AVOID Act”), signed into law on December 19, 2025,...more

Bennett Jones LLP

Martin v. Alphabet: Tribunal Sets the Public Interest Leave Framework—Evidence and Capacity Now the Gatekeepers

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On January 13, 2026, the Competition Tribunal published its first decision interpreting the new “public interest” pathway for private access under s. 103.1(7) of the Competition Act. In Martin v. Alphabet Inc., Google LLC,...more

Robinson & Cole LLP

Legal Update: The Status of the NLRB - New Year, New Uncertainty?

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In the past, a new presidential administration meant the beginning of a series of National Labor Relations Board (NLRB or Board) decisions that overruled prior precedents. While the White House flipped in January 2025, the...more

Gray Reed

Crude Oil Traders Fend Off the Tax Man

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It’s hardly a win for the little guy against The Man, but in San Patricio County Appraisal District v. Gunvor USA LLC (consolidated with a similar suit against Devon Gas Services, agent for Glencore Ltd.), a Texas court...more

Nelson Mullins Riley & Scarborough LLP

The U.S. Supreme Court Rejects the Opportunity to Overturn McDonnell Douglas

Last month, the U.S. Supreme Court declined to visit the legal soundness of McDonnell Douglas Corp. v. Green, 411 U.S. 792 (1973), a seminal decision that has outlined the burdens of proof in employment discrimination cases,...more

The Food Lawyers ®

Getting Ahead Of Food Labeling Class Actions

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More than three decades defending food companies in labeling class actions has made one thing abundantly clear: when a class action theory weakens, the plaintiffs’ bar doesn’t disappear; it evolves -- -- with...more

Orrick, Herrington & Sutcliffe LLP

District court sides with bank, dismisses putative class action over ‘cash-sweep’ program

On January 30, the U.S. District Court for the District of Minnesota dismissed with prejudice a proposed class action lawsuit brought by two investment-account holders challenging the interest rates paid through a...more

Friling Law

OFAC Subpoena: Enforcement Risk, Timelines, and Strategic Response Across Industries

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Overview and Key Takeaways - An Office of Foreign Assets Control (OFAC) subpoena is one of the most serious enforcement tools the U.S. Treasury uses in sanctions investigations. While it is administrative in form, it...more

Environmental General Counsel PC

NAW EPR Case Pauses Enforcement for NAW Members

On February 6, 2026, the U.S. District Court for the District of Oregon issued a critical ruling in National Association of Wholesaler-Distributors (NAW) v. Feldon, a case challenging Oregon’s landmark Plastic Pollution and...more

Montgomery McCracken

Vacated But Not Forgotten: The Pennsylvania Supreme Court Leaves the Future of Online Arbitration Agreements in Pennsylvania...

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For those waiting to see whether the Pennsylvania Supreme Court would clarify the law on consumer assent to online arbitration agreements in Chilutti v. Uber Technologies, Inc., its January 21 opinion was anticlimactic....more

Carlton Fields

Florida Appeals Court Decisions Week of February 2 - 6, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Melton v. I-10 Truck Cntr - employment, Title VII, racial hostility - Castro-Reyes v. Bosque - § 1983, excessive force, qualified immunity, state agent - Doe v. USA - FTCA,...more

Morrison & Foerster LLP

Second Circuit Holds That the Hague Service Convention Prohibits Email Service on Mainland China-Based Defendants

In Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, — F.4th —, No. 24-313 (2d Cir. Dec. 18, 2025), the United States Court of Appeals for the Second Circuit addressed a question of first impression at the federal...more

Freeman Mathis & Gary

Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case

Freeman Mathis & Gary on

In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more

Orrick, Herrington & Sutcliffe LLP

New York moves to dismiss putative class action over state’s foreclosure law

Recently, the State of New York filed a motion to dismiss an amended complaint in a putative class action lawsuit challenging the constitutionality of New York’s Foreclosure Abuse Prevention Act (FAPA)...more

Hogan Lovells

Reform of the German Arbitration Law: Re-initiation of the legislative process for a modernised arbitration law

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Germany has resumed the legislative process for the long-awaited reform of its arbitration law following its interruption in the previous, shortened parliamentary term. The proposed reform is in line with Germany's efforts...more

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