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Civil Procedure Professional Malpractice

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
CDF Labor Law LLP

Ninth Circuit Stops Class-Wide Abuse of Adverse Arbitration Decisions in Win for Employers

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On April 1, 2026, the Ninth Circuit in O’Dell v. Aya Healthcare Services, Inc., 171 F.4th 1173 (9th Cir. 2026) held that the Federal Arbitration Act (“FAA”) protects employers from plaintiffs’ attempts to use inconsistent...more

Baker Donelson

USPTO Director Denies IPR Institution After District Court Validity Loss, Emphasizing AIA Reviews Are Not a "Second Bite at the...

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The Director of the United States Patent and Trademark Office issued a precedential ruling on May 14, 2026, denying institution of inter partes review (IPR) in Magnolia Medical Technologies, Inc. v. Kurin, Inc.,...more

Oberheiden P.C.

Healthcare Whistleblower Cases & Rewards

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The United States Department of Health and Human Services (DHHS), Department of Justice (DOJ), and other government entities rely heavily on whistleblowers to expose fraud, waste, and abuse within the healthcare sector. This...more

Sheppard

New Frontiers in PFAS Litigation: Standing, Disclosure, Function, and the Lessons of Cavalier v. Apple

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In a previous article, we surveyed the growing wave of PFAS false advertising class actions sweeping industries from pet food to outdoor apparel. A ruling issued this March underscores how fast this issue is developing. In...more

Jackson Lewis P.C.

Sixth Circuit Raises Standard for NLRB Injunctions and Rejects Presumed Irreparable Harm

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In its first opportunity to revisit its approach to Section 10(j) injunctions following the U.S. Supreme Court’s 2024 decision, the U.S. Court of Appeals for the Sixth Circuit rejected the circuit’s prior use of a less...more

McGuireWoods LLP

Illinois Court Explores Line Between “Foundational” and Specific Questions Justifying Privilege Objections

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The attorney-client privilege ordinarily does not protect “who, what, when, where”-type questions about clients’ communications with their lawyers or the general topic of those communications. But it can be difficult to draw...more

EDRM - Electronic Discovery Reference Model

Market Intelligence: eDiscovery Market Growth from 2012 to 2030

In 2012, the worldwide eDiscovery market was estimated at $4.73 billion. By 2030, reconciled estimates place it at approximately $28.08 billion – close to six times the 2012 baseline, after an 18-year compounding that has...more

EDRM - Electronic Discovery Reference Model

Motion for Reconsideration—It Does Not Exist—But It Is Routinely Entertained—On Limited Grounds

In Stanisaveljevic v. The Standard Fire Ins. Co., 2026 WL 1129515 (D. Col. Apr. 27, 2026), defendants filed a motion for reconsideration arising out of a discovery dispute. It was denied....more

McGuireWoods LLP

Going Beyond Federal Class Action Rule Kills Virginia’s Bill — For Now

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On May 19, 2026, Virginia Gov. Abigail Spanberger announced that she intends to veto what would have been Virginia’s first class action statute. Virginia and Mississippi remain the only two states without a class action...more

Mogin Law LLP

Jury Hits Takeda with $885M Verdict in Pay-for-Delay Antitrust Case

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A federal jury in the U.S. District Court for the District of Massachusetts returned a verdict today (May 19, 2026) against Takeda Pharmaceutical Company in antitrust litigation concerning its branded constipation drug...more

Benesch

Passing The Baton: Checklist For In-House Lawyers Retaining New Trial Counsel On The Eve Of Trial

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The pleadings are closed. Mountains of documents have been produced. Depositions have been taken, hour upon hour. Summary judgment briefing has been meticulously developed, artfully drafted and submitted—but ultimately...more

King & Spalding

First Choice SCOTUS Opinion Provides Opportunity for Early Subpoena Challenges

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On April 29, 2026, the Supreme Court unanimously decided First Choice Women’s Resource Centers, Inc. v. Davenport, Attorney General of New Jersey, No. 24-781. First Choice, a religious nonprofit that provides services for...more

King & Spalding

Georgia Modernizes Corporate Code: Key Updates to Business Court Access and Shareholder Disputes

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Georgia has enacted HB 1185, which updates the corporate governance and litigation framework applicable to Georgia companies. The legislation is effective July 1, 2026, and applies to claims or proceedings initiated on or...more

Esquire Deposition Solutions, LLC

Remote Depositions Shape Venue Transfer Rulings

Remote depositions are more than a convenience to litigants and witnesses, a tool to trim expenses, or a means to move civil litigation forward amid a shortage of court reporters. They’re also having an impact on the...more

Troutman Pepper Locke

Methods For Challenging State Civil Investigative Demands

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When a client receives a civil investigative demand, or CID, or equivalent subpoena from a state attorney general, the first question is always some version of “how can we move to quash this subpoena?” Our team’s reaction...more

Hinckley Allen

Media Law Resource Center: When Celebrity Doctors Aren’t Celebrities: The Public Figure Question in Colker v. Callis

Hinckley Allen on

A federal judge in Connecticut has ruled that a defamation action brought by a celebrity doctor associated with WWE founder Vince McMahon may proceed. On March 13, 2026, Judge Sarah F. Russell denied a motion to dismiss in...more

Skadden, Arps, Slate, Meagher & Flom LLP

Litigation Under the Antiterrorism Act: Updates From Early 2026

So far in 2026, plaintiffs have filed comparably fewer new actions under the Antiterrorism Act of 1990 (ATA), as amended by the 2016 Justice Against Sponsors of Terrorism Act (JASTA)....more

IMS Legal Strategies

Three Tenets To “Teach The Jurors Well”

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The American historian Arthur Schlesinger, Jr., once commented that successful political action requires education, coalition-building, and collective action. He further observed that of the three, education is the most...more

Bradley Arant Boult Cummings LLP

Supreme Court Confirms Post-Award Jurisdiction After Federal Court Stays Claims Under FAA

On May 14, 2026, the Supreme Court unanimously held in Jules v. Andre Balazs Properties that when a federal court stays claims pending arbitration under Section 3 of the Federal Arbitration Act, it retains jurisdiction to...more

Association of Certified E-Discovery...

Why Every Litigator Should Read Staggers v. Medtronic Before the Next Rule 37(e) Motion

This case is one I want every litigator who advises corporate clients to read carefully. You’ve seen the rough outline of this fact pattern before, but the way it plays out in this decision is going to be quoted in spoliation...more

Cooley LLP

Sedona Conference Publishes Model Jury Instructions on DTSA’s 10th Anniversary

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The federal Defend Trade Secrets Act of 2016 (DTSA) authorizes civil claims for trade secret misappropriation. DTSA trials are complex, often combining federal claims with state trade secret claims, breach of contract and...more

Vinson & Elkins LLP

Navigating Natural Gas Power Plant Construction Disputes

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The AI revolution is upon us, and AI runs on data centers. And those data centers run on huge measures of electricity to power and cool the servers. Existing grid and production infrastructure is insufficient to power all of...more

Hicks Johnson

A New Petition-Stage Tool at the Texas Supreme Court

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The Supreme Court of Texas’s short per curiam disposition this Friday in Noyes v. State ex rel. Voges involved a serious constitutional challenge to a lifetime firearm restriction imposed through a protective order. The Court...more

Hogan Lovells

Law Society response to CJC AI consultation: guidance first, rules later

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The Law Society has responded to the Civil Justice Council's consultation on the use of artificial intelligence in preparing court documents. Its position is cautious, but constructive. The response recognises that AI can...more

Jackson Lewis P.C.

SCOTUS: After Sending Employment Claims to Arbitration, Federal Courts Can Still Enforce or Vacate Awards

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Endorsing a streamlined process to enforce arbitration awards, the U.S. Supreme Court held that when a federal district court compels arbitration and stays the case pending completion of the arbitration under Section 3 of the...more

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