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Gray Reed

Texas Royalty Owners Burdened with Post-Production Costs … Again

Gray Reed on

After reading Devon Energy Production Company, L.P. v. Oliver if you’ recall a similar post-production cost dispute, it was last week. And the result was the same. Royalties under this lease are to be calculated at the...more

Steptoe & Johnson PLLC

Is Congress the Next Stop for Freight Brokers After Montgomery v. Caribe Transport II Held No Preemption?

Steptoe & Johnson PLLC on

In Montgomery v. Caribe Transport II, LLC, No. 24-1238 (U.S. May 14, 2026), the Supreme Court held that a claim that a freight broker negligently hired a motor carrier to transport goods falls within the safety exception to...more

May 15 Issue – Reporting Lawyer Who Violates the Rules

Q: Dear Ethics Lawyer, I have a question about the duty to report professional misconduct. I have learned that a lawyer (Bill) in our firm accidentally copied a lawyer from another firm with an email intended for a client,...more

Farrell Fritz, P.C.

A Money Judgment by Any Other Name is Still Not Rescission: First Department Rejects Last-Ditch Intervention Gambit in LLC...

Farrell Fritz, P.C. on

Some of the most interesting cases we post about on this blog are, of course, the ones where there is more than meets the eye. On the surface, today’s case—Bapaz NYC West St Group LLC v. Assa Properties Inc., 2026 NY...more

Jones Day

German Federal Court of Justice Sets Boundaries for Mass Antitrust Claims Collection

Jones Day on

The German Federal Court of Justice (Bundesgerichtshof or "BGH") has provided important guidance on how to initiate class action-type private antitrust litigation....more

Hinshaw & Culbertson - Consumer Crossroads

SCOTUS Confirms: Federal Courts Retain Power to Affirm or Vacate an Arbitration Decision

As we predicted in our post After Arbitration, Does a District Court Have Jurisdiction to Confirm or Vacate an FAA Award?, the US Supreme Court has unanimously ruled that a federal court that has sent a dispute to arbitration...more

The Volkov Law Group

DOJ’s $550 Million False Claims Act Settlement Signals Escalating Tariff Enforcement Risks (Part I of II)

The Volkov Law Group on

The U.S. Department of Justice’s May 12, 2026 $549.5 million False Claims Act settlement with California-based Perfectus Aluminum represents one of the largest trade-related FCA recoveries in recent years and underscores a...more

Dickinson Wright

Partial Summary Judgment Remains Exceptional: Lessons from Kotsopoulos V. Toronto

Dickinson Wright on

A recent decision from Ontario’s highest court has yielded an unusual result regarding Ontario’s ever-evolving summary judgment regime. Typically, motions for partial summary judgment are difficult to advance and, in many...more

Miller Canfield

The Federal Court Sent Your Case to Arbitration. Does It Keep the Case for Post-Arbitration Proceedings?

Miller Canfield on

A federal court sends your case to arbitration. But who later decides the fate of the arbitration award—the same federal judge or a new state court? The U.S. Supreme Court has now answered that question: the same federal...more

Hicks Johnson

Texas Supreme Court issues welcome explanation on the scope of permissive interlocutory appeals

Hicks Johnson on

Under Section 51.014(d) of Texas's Civil Practice and Remedies Code, a trial court may grant permission to appeal an otherwise interlocutory order – like a denial of motion for summary judgment – if the order, among other...more

Ballard Spahr LLP

Supreme Court Reopens Federal Courthouse Doors for Post-Arbitration Proceedings in Stayed Cases

Ballard Spahr LLP on

In a significant win for parties seeking to enforce arbitration agreements, the U.S. Supreme Court last week issued a unanimous decision in Jules v. Andre Balazs Properties holding that when a federal court stays a case...more

Dinsmore & Shohl LLP

SCOTUS Confirms Federal Courts Retain Jurisdiction over Stayed FAA Actions

Dinsmore & Shohl LLP on

On May 14, 2026, the U.S. Supreme Court unanimously gave litigants a clearer and more practical rule: when a federal court properly takes a case and stays it for arbitration under Section 3 of the Federal Arbitration Act,...more

Weber Gallagher Simpson Stapleton Fires &...

A New Risk Landscape: Supreme Court Expands Freight Broker Exposure Under the FAAAA

On May 14, 2026, the U.S. Supreme Court issued a significant transportation law decision in Montgomery v. Caribe Transport II, LLC, resolving a long-standing split among federal courts concerning the scope of the Federal...more

Weber Gallagher Simpson Stapleton Fires &...

New Appellate Court Decision Regarding Stay of the NJIFCA Claim Until After a Decision is Reached on an Insured’s UM/UIM Claim

On April 29, 2026, the Superior Court of New Jersey Appellate Division ruled that the trial court erroneously denied a defendant insurer’s request to sever and stay an insured’s New Jersey Insurance Fair Conduct Act...more

Ankura

Use of Expert Determination as an ADR Method

Ankura on

Alternate Dispute Resolution (ADR) mechanisms are generally designed to deliver time and cost efficiency, procedural flexibility, and confidentiality. However, one key consideration that is often understated is the degree of...more

Rumberger | Kirk

Crecelius May End the “Lack of Prejudice” Defense for Late Witness Disclosures in Florida

Rumberger | Kirk on

In the 43 years since the Florida Supreme Court’s opinion in Binger v. King Pest Control, 401 So.2d 1310 (Fla. 1981), Florida trial and appellate courts have regularly required judges to consider whether an opposing party...more

Goodwin

Supreme Court Stays Fifth Circuit Order Banning Telehealth Prescribing and Mail Dispensing of Mifepristone

Goodwin on

On May 1, 2026, the Fifth Circuit Court of Appeals (the “Fifth Circuit”) issued an order banning the mailing of the abortion pill mifepristone, previously permissible under Food and Drug Administration (“FDA”) regulations...more

Holtzman Vogel Baran Torchinsky & Josefiak

Procedural Pitfalls in Election Litigation: What Can Be Learned from Recent NYS Appellate Division Decisions

In a little more than a month, New Yorkers will go to the polls to vote in the 2026 primary election. Ballot access litigation over the 2026 primary election candidates has nearly concluded. Election-related litigation in...more

Zelle  LLP

Litigant’s Use of Consumer AI Tools May Waive Attorney-Client Privilege

Zelle LLP on

In February 2026, two federal courts issued rulings that together illustrate the unsettled landscape of privilege and work-product protection for AI-generated materials in litigation. ...more

Marshall Dennehey

Appellate Division Affirmed Dismissal but Remanded for Dismissal Without Prejudice and Sanctions for AI-Generated Case Law

Marshall Dennehey on

Amtrust N. Am., etc. v. Liberty Mutual Ins. Co., No. A-2587-24 (March 27, 2026) - In Amtrust N. Am., etc. v. Liberty Mutual Ins. Co., Amtrust appealed from a trial court’s dismissal with prejudice of its declaratory judgment...more

Akerman LLP

When Refusal Isn’t Enough: The Sixth Circuit Slams the Brakes on 10(j) Relief

Akerman LLP on

In a significant post‑Starbucks ruling, the Sixth Circuit held that failure to bargain alone is not enough to justify an NLRB injunction absent specific evidence of immediate harm. The court vacated an injunction requiring...more

Butler Weihmuller Katz Craig LLP

Collapse Coverage in First-Party Property Cases

What is considered a covered “collapse” under a homeowner’s policy? One Florida appeals court recently addressed this question in Escobar v. Citizens Prop. Ins. Corp., No. 3D24-1234, 2026 WL 817362 (Fla. Dist. Ct. App. Mar....more

Alston & Bird

Georgia Enacts Landmark Reforms to Corporate Governance and Shareholder Litigation Law

Alston & Bird on

Our Securities Litigation and Securities groups review Georgia’s enactment of HB 1185, a major update to the state’s corporate governance and shareholder litigation frameworks. Effective July 1, 2026, the law tightens...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

SCOTUS Settles Federal Jurisdiction Question When Claims Are Stayed Under the FAA

On May 14, 2026, the Supreme Court of the United States held that federal courts that have previously stayed claims in pending actions under Section 3 of the Federal Arbitration Act (FAA) “have jurisdiction to confirm or...more

McNees Wallace & Nurick LLC

Berks County court prohibits “appearance counsel” in civil division

Absolute Resolutions Investments, LLC v. Salamov, No. 20-14479 (Berks C.C.P. Apr. 2, 2026) - Judges J. Benjamin Nevius, James E. Gavin, and Madelyn S. Fudeman, sitting as the full en banc Civil Division of the Berks County...more

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