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Miller Nash LLP

Do Quantum Meruit Claims in Construction Exist Anymore?

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On November 13, 2025, the Oregon Court of Appeals published Seabold Construction Co., Inc. v. KOZ 2211 SW 4th Avenue, LLC, 344 Or App 688 (2025)—a decision that could signal the death knell for quantum meruit (unjust...more

McDermott Will & Schulte

No escape from fees and sanctions for reckless litigation conduct

The US Court of Appeals for the Federal Circuit affirmed attorneys’ fees awards against EscapeX IP, LLC, finding the case “exceptional” under 35 U.S.C. § 285, and upheld sanctions under 28 U.S.C. § 1927 based on counsel’s...more

Ladas & Parry LLP

Nationwide Injunctions: A Substantive View Considering Recent Headline Buzz Words

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Introduction - Nationwide injunctions - Comparing the June 27, 2025 Supreme Court Trump v. CASA decision to a Seventh Circuit decision in Spring, 2025, Republic v. BBK underscores the distinction between the...more

Troutman Amin LLP

WHERE ARE WE HEADED?: That Time 49 States Filed a 245 Trillion Dollar Lawsuit Against a Teleco Carrier and the Case Really Didn’t...

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Just a fascinating one for you. So a couple years back basically all 50 states–Alaska and South Dakota did not originally sue, but the FCC and the AG for DC did, and then South Dakota did eventually– sued a guy named Michael...more

Segal McCambridge

Legislative Update: New York’s “Grieving Families Act” Has Been Delivered to Governor Hochul

Segal McCambridge on

The “Grieving Families Act” has passed New York’s Assembly and Senate and was forwarded to Governor Kathy Hochul on December 1, 2025. This controversial proposed legislation provides for the types of damages that may be...more

Troutman Amin LLP

SETTLEMENT REJECTED: $700k TCPA/CEMA Resolution Deemed Insufficient By Court

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A common TCPA issue when state Mini-TCPA statutes are involved is determining who is subject to the state laws given that cell phone users might use area codes for a state but not live in that state....more

Farrell Fritz, P.C.

Constructive Trust Claims

Farrell Fritz, P.C. on

Constructive trust claims regularly arise in trusts and estates litigation.  Based upon a recent decision that Suffolk County Surrogate Vincent J. Messina, Jr. issued, in which the Surrogate found that a constructive trust...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: EscapeX IP, LLC c. Google LLC

Our Case of the Week concerns an attorney fee award in a lawsuit filed by non-practicing entity EscapeX against Google. Following various forms of exceptional conduct, the Court awarded fees, and then further awarded fees...more

Patterson Belknap Webb & Tyler LLP

Judge Blasts Defendant For Ignoring Discovery Obligations and More

You take note when an opinion by an experienced bankruptcy judge says a party’s “failure to perform basic discovery responses and participation in litigation . . . has been breathtaking. I have seen a lot, but I have not seen...more

Akin Gump Strauss Hauer & Feld LLP

District Court: Launch Date, Not ANDA Filing Used for Hypothetical Negotiation in ANDA Case

In a Hatch-Waxman case, the District of Delaware denied a motion for summary judgment seeking to apply the ANDA filing date as the date of the hypothetical negotiation used to calculate reasonable royalty damages. Instead,...more

McGlinchey Stafford

Second Department Applies “Injury-in-Fact” Requirement to Dismiss FDCPA Claims

McGlinchey Stafford on

On November 19, 2025, the Appellate Division, Second Department reversed the trial court’s denial of defendant’s motion to dismiss claims alleging violations of the Fair Debt Collections Practices Act (FDCPA) for lack of...more

Constangy, Brooks, Smith & Prophete, LLP

Minor Breaches, Major Trouble: Why minor cyber incidents can lead to major legal fallout

When cyberattacks strike global giants, it’s front-page news. But what about the smaller breaches -- the ones that don’t make headlines? Increasingly, they’re making waves in courtrooms and regulatory enforcement agencies. ...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Reexamination and Central Reexamination Unit – By the Numbers 2025 (Including Reflections on Related PTAB and District Court...

As we continue to follow the changes to AIA proceedings at the Patent Trial and Appeal Board (PTAB), we are also tracking the evolution of post-grant challenge strategy at the Central Reexamination Unit (CRU)....more

Shook, Hardy & Bacon L.L.P.

Swiss Re releases study on the rise of nuclear verdicts in the U.S., EPA extends deadline for national perchlorate drinking water...

Monthly newsletter Material Concerns: Legal Updates on Substances of Emerging Concern keeps clients informed on the latest legal, regulatory and scientific developments related to substances of emerging concern....more

McDermott Will & Schulte

This Week in 340B: November 18 – 24, 2025

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

MarkIt to Market® – November 2025

Welcome to the November 2025 issue of Sterne Kessler’s MarkIt to Market® newsletter. This month, we discuss a cautionary tale for adopting an “abandoned” mark and explore monetary damages that can be awarded in trademark...more

McGuireWoods LLP

Notable Litigation - October 2024

McGuireWoods LLP on

Notable litigation filed in October 2024 includes: (1) Jolley v. WCM Global Wealth, LLC, et al., No. 2024CP2306268 (S.C. Com. Pl.); (2) Vazquez, et al., v. Inventis Ventures Holding, Inc., et al., No. 2024-01436108 (Cal....more

Houston Harbaugh, P.C.

Who Owns the Methane Gas Left in an Obsolete and Abandoned Coal Mine?

Houston Harbaugh, P.C. on

Let’s assume you own a 115 acre farm in Greene County. The farm has been in the family since the early 1900’s. You own both the oil and gas and the coal underlying the farm. In 1915, your great-grandfather entered into a...more

Alston & Bird

Prepare for California’s Ban on ‘Stay or Pay’ Contracts

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Our Labor & Employment Group explains how California’s AB 692 will make “stay or pay” employment contract provisions illegal for agreements entered into on or after January 1, 2026....more

Bennett Jones LLP

Better Early Than Sorry: Strict Compliance Required for Lien Deadlines

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The Court of King’s Bench of Alberta's decision in The Micro Collective Inc v Hutterian Brethren Church of Tschetter (The Micro Collective), addresses the interplay between the "new" Prompt Payment and Construction Lien Act...more

DLA Piper

Court Of Appeal Determines On Principles Governing Interim Anti-Suit Injunctions Against Foreign Winding Up in Support of...

DLA Piper on

In the recent decision of Hyalroute Communication Group Limited v Industrial and Commercial Bank of China (Asia) Limited [2025] HKCA 936, the Court of Appeal provided important clarification on principles governing interim...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Trends in Trademark Damages Awards

One of the first questions we get from clients on either side of a trademark infringement claim is about the likelihood of a monetary damages award. And, as with all legal questions, the answer is usually, “it depends.”...more

Seyfarth Shaw LLP

PAGA Paraphrased – Mora v. C.E. Enterprises, Inc.

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Second Appellate District affirmed the ruling in a PAGA bench trial finding that the employer’s pay plan was lawful and that the PAGA notice did not include the facts and theories that plaintiffs pursued at trial. The...more

McGlinchey Stafford

Trafficking Victims Protection Can Extend to Employee Training Programs

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In a recent decision, the Northern District of Illinois denied a beauty salon’s motion to dismiss claims under the Trafficking Victims Protection Reauthorization Act (TVPRA), 18 U.S.C. §1595(a), the Trafficking Victims...more

Parker Poe Adams & Bernstein LLP

Cato Urges Supreme Court Review of SEC Disgorgement Authority Dispute

The Cato Institute filed an amicus brief this month urging the U.S. Supreme Court to resolve a growing split among the United States circuit courts of appeals concerning the Securities and Exchange Commission’s authority to...more

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