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Civil Procedure Residential Real Estate

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

Key Issues to Watch in ERISA Defined Contribution Plan Class Action Litigation in 2026

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2025 was a very busy year for the benefits industry and for ERISA class action litigation involving defined contribution plans. As we celebrate the New Year and look forward to 2026, below are some key issues to watch that...more

Haynes Boone

Enforcement of West Virginia’s Food Dye Ban Temporarily Halted

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To the relief of food manufacturers rushing to find natural substitutes for synthetic food dyes, a federal court has temporarily halted the enforcement of West Virginia’s House Bill 2354 (HB 2354). HB 2354 banned several...more

EDRM - Electronic Discovery Reference Model

Book Review: Jim Sullivan, “The Book on AI Doc Review”

The thesis of the book is that “computers are capable of reviewing and classifying document better than humans. And that’s a big deal in eDiscovery.”...more

Oliva Gibbs

You can’t just bury your problems (or pipelines): The Byrne Oil decision

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In Bryne Oil Co. v. Walraven, the Eastland Court of Appeals (the “Court”) considered whether a lessor may bury a lessee’s pipelines after the lessee delays doing so and then seek reimbursement for the cost of burial....more

FBT Gibbons LLP

Ohio Enacts New Liability Insurance Requirement for Vicious Dogs Under Avery’s Law

FBT Gibbons LLP on

With the passage of Avery’s Law, signed into law on December 18, 2025, Ohio has overhauled its regulatory approach to dangerous and vicious dogs by clarifying definitions, adding new compliance obligations and harsher...more

Troutman Amin LLP

WOLF STRIKES AGAIN: Lead Generator Sued Personally in TCPA Class Action as Motion to Dismiss Fails

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The Wolf is always stalking just outside the door for lead generators. Anthony Paronich has made a (very lucrative) career out of suing lead buyers in TCPA class actions. And occasionally, he will sue the lead generator...more

Goldberg Segalla

Federal Court Grants Defendant’s Motion for Summary Judgment

Goldberg Segalla on

Court: United States District Court for the Eastern District of Louisiana - In this action, Plaintiff Jerry Lejeune alleges occupational asbestos exposure as a deckhand and/or driller for various employers at job sites in...more

Irwin IP LLP

Lawsuit on Expired Patents Trapped by 8-Million-Dollar “Bad Faith” Bond

Irwin IP LLP on

Micron Tech., Inc. v. Longhorn IP LLC, 2025 WL 3672528 (Fed Cir. Dec. 18, 2025) - Instead of decking the halls for Christmas, the Federal Circuit decked Longhorn by dismissing its appeal for lack of jurisdiction.  Idaho,...more

Womble Bond Dickinson

Ninth Circuit confirms all members of a certified damages class must establish standing to survive summary judgment in Healy v....

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The Ninth Circuit recently answered an important open question in the class action context that may provide defendants an additional exit ramp, specifically, whether “following class certification, both named and unnamed...more

Epstein Becker & Green

Federal Shutdowns and Workplace Law: Navigating Legal Uncertainty

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In the wake of this country’s longest federal shutdown, federal courts were facing unprecedented decision-making whether to stay civil proceedings implicating federal employees and agencies. ...more

Epstein Becker & Green

Divided Court Clarifies Limits on Federal Habeas Appeals - SCOTUS Today

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Contrary to the presupposition of many, the U.S. Supreme Court did not render a decision on Friday resolving the question of the president’s authority to impose tariffs through executive orders and related questions...more

Robinson & Cole LLP

A Tale of Two Timelines – Eleventh Circuit Rejects Claimant’s Attempt to Rewrite Occurrence Notice Condition

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Occurrence-based liability policies often include a condition that requires the insured, or someone on their behalf, to provide a carrier prompt notice of the occurrence. Delays in reporting a claim can potentially provide a...more

Moore & Van Allen PLLC

Transportation at SCOTUS: Arguments on NJ Transit Immunity from Lawsuits in NY and PA Will be Heard by the U.S. Supreme Court...

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The U.S. Supreme Court kicks off the latest session with transportation issues early up on the calendar. On January 14, 2026, the High Court will hear oral arguments on whether New Jersey Transit Corporation (NJ Transit) can...more

Littler

Littler Lightbulb – December 2025 Employment Appellate Roundup

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Fourth Circuit Affirms Summary Judgment for Employer in Failure to Promote Race and Gender Discrimination Case - Hood-Wilson v. Board of Trustees of the Community College of Baltimore County, 162 F.4th 101 (4th Cir. Dec. 12,...more

Polsinelli

Could European Courts Soon Be Litigating and Enforcing U.S. Patents?

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Key Takeaways - European courts test jurisdiction over U.S. patents for the first time. Onesta IP, LLC, a patent assertion entity, has asserted two U.S. patents against BMW in a court in Munich, Germany following a decision...more

White & Case LLP

UK Moves To Reverse PACCAR Decision And Regulate Third-Party Litigation Funding

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In a move designed to restore certainty and competitiveness, the UK government has announced plans to reverse the decision of the Supreme Court in PACCAR and to introduce regulation of third-party litigation funding. This...more

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

Lessons From Appellate Practice: The Mixed Blessings of Supplemental Jurisdiction

For plaintiffs and defendants alike, there is a strong temptation to include and keep all claims in one lawsuit. After all, the likely alternative is litigating multiple lawsuits, either at once or serially. Practitioners,...more

Carlton Fields

Florida Appeals Court Decisions Week of January 5 - 9, 2026

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U.S. Eleventh Circuit Court of Appeals - AB v. Barrow - insurance, notice, 58-month delay - Athos Overseas v. YouTube - copyright infringement, DMCA, safe harbor - USA v. Barry - sentencing, credit card fraud - ...more

Robinson Bradshaw

Data Breach Cases Require Some Technological Issue for Business Court Designation

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In recent years, defendants in data breach class action lawsuits filed in the state courts in North Carolina have succeeded in designating these disputes to the North Carolina Business Court. The Business Court has accepted...more

Bond Schoeneck & King PLLC

New York Amends and Strengthens Its Health Care “Shield” Law

During a flurry of end-of-year 2025 bill signings, Governor Kathy Hochul approved A5480C/S4914B, amending New York’s Shield Law (Shield Law) – a 2023 law intended to protect patients who receive and health care professionals...more

Dorsey & Whitney LLP

The Supreme Court Update - January 9, 2026

Dorsey & Whitney LLP on

On January 9, 2026, the Supreme Court of the United States issued one decision: Bowe v. United States, No. 24-5438: This case interprets provisions of the Antiterrorism and Effective Death Penalty Act of 1996 (“AEDPA”)...more

Morgan Lewis

Counting the Days: Fifth Circuit Reverses Texas Hospitals’ DSH Rule Challenge

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The US Court of Appeals for the Fifth Circuit on December 9, 2025 reversed and remanded a decision from the US District Court for the Northern District of Texas that had vacated a 2023 federal regulation that threatened to...more

Orrick, Herrington & Sutcliffe LLP

Kentucky borrower files putative class action alleging usury through ‘rent-a-tribe’ scheme

Recently, a Kentucky resident filed a class action complaint in the U.S. District Court for the Western District of Kentucky, alleging that a group of lenders issued illegal high-interest loans to Kentucky residents in...more

Orrick, Herrington & Sutcliffe LLP

New York State enacts rights of action for coerced debt claims

On December 19, the governor of New York signed into law an act to amend the general business law, establishing a right of action for claims arising out of coerced debts. ...more

Troutman Pepper Locke

Maine Court Enjoins HRSA’s 340B Rebate Pilot

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On December 29, 2025, Chief Judge Lance Walker of the U.S. District Court for the District of Maine granted the plaintiffs’ motion for a preliminary injunction in American Hospital Association v. Kennedy. The court enjoined...more

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