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Appellate Courts Jurisdiction

McDermott Will & Schulte

Blackbeard’s revenge: State sovereign immunity ends long running copyright battle

The US Court of Appeals for the Fourth Circuit reversed a 2021 district court ruling and vacated a subsequent 2024 ruling in a decade-long legal battle over copyright infringement claims related to the pirate Blackbeard’s...more

Bradley Arant Boult Cummings LLP

Don’t Stop Me Now: Alabama Court Tells Unhappy Applicants for Medical Cannabis Licenses to Chill for Now

Last Friday, we saw an important development in the tortuous quest to issue integrated medical cannabis licenses in Alabama. Bottom line: The show will go on....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

McDermott Will & Schulte

IRPA claims accrue at first publication, not first discovery

The US Court of Appeals for the Seventh Circuit confirmed that the single publication rule applies to claims brought under the Illinois Right of Publicity Act (IRPA), 765 ILCS 1075/1 et seq. Giovannelli v. Walmart Inc., Case...more

Bradley Arant Boult Cummings LLP

First Material Breach: The “No Recovery” Rule

A contract is an exchange of promises that the law will enforce. Contract law provides that promises are enforceable, under what circumstances, and the available remedies....more

Ballard Spahr LLP

Colorado Files Opposition to Plaintiffs’ Rehearing Petition in Opt-Out Litigation

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As we reported previously, a petition for rehearing en banc was filed by the plaintiff bank trade associations in National Association of Industrial Bankers v. Weiser. In that case, the panel’s 2-1 decision held that a loan...more

Seyfarth Shaw LLP

The Authority Conundrum: D.C. Circuit May Weigh in on Agent Authority Under the Foreign Sovereign Immunities Act

Seyfarth Shaw LLP on

We’ve previously written about the split among federal courts as to whether the agent of a non-U.S. country can waive that country’s immunity from suit under the U.S. Foreign Sovereign Immunities Act or “FSIA”. Briefly, in...more

Miller Canfield

'Void' Judgments Are Not Void After All

Miller Canfield on

Supreme Court decisions regarding bankruptcy cases usually affect only bankruptcy litigation, but the recent decision in Coney Island Auto Parts Unlimited, Inc. vs. Burton alters the landscape for all federal litigation. ...more

Jenner & Block

Supreme Court Declines Review in Percipient.ai, Leaving Bid Protest Interested Party Status Unchanged

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On January 12, 2026, the US Supreme Court denied Percipient.ai, Inc.’s petition for a writ of certiorari, ending a closely watched case that tested the boundaries of bid protest standing at the Court of Federal Claims. The...more

DLA Piper

Charter Rights In Civil Contempt: Ontario Says Yes, Alberta Says No

DLA Piper on

Section 11 of the Canadian Charter of Rights and Freedoms (the Charter) affords protections to persons "charged with an offence." But does s. 11 of the Charter apply to civil contempt proceedings in Alberta? We recently...more

Cole Schotz

Sirius Victory for Limited Partners

Cole Schotz on

On January 16, 2026, in Sirius Solutions v. Commissioner, the U.S. Court of Appeals for the Fifth Circuit held that limited partners in a partnership may qualify for an exemption from self-employment tax on their distributive...more

McDermott Will & Schulte

Federal question? You can’t hypothetically fair use your way into federal court

Addressing the limits of federal jurisdiction, the US Court of Appeals for the Sixth Circuit affirmed the dismissal of an action seeking a declaratory judgment that the fair use exception in federal copyright law required...more

White & Case LLP

Anti-suit kit bag: Peremptory orders provide newly tested means of obtaining relief from English courts

White & Case LLP on

In what is believed to be a first for the English Courts, the Court of Appeal in LLC Eurochem North-West-2 v Tecnimont SpA and MT Russia LLC [2026] EWCA Civ 5 ("NW2 v Tecnimont") this month upheld a court order under Section...more

Vorys, Sater, Seymour and Pease LLP

Supreme Court of Ohio Holds PUCO has Exclusive Jurisdiction Over Claims Asserted Against Public Utility

Earlier this month, a unanimous Ohio Supreme Court affirmed the judgment of the Ninth District Court of Appeals holding that the Public Utilities Commission of Ohio (PUCO) has exclusive jurisdiction over certain claims...more

Dickinson Wright

Late Applications for Leave to Appeal: Don’t Underestimate the Need to Explain the “Reasons for the Delay”

Dickinson Wright on

Under the Michigan Court Rules, a party who has failed to timely file a claim of appeal (or application for leave to appeal if the judgment or order was not appealable as of right) has the option of filing a late appeal....more

Husch Blackwell LLP

Ohio Supreme Court Clarifies Meaning of Ultimate Destination for CAT

Husch Blackwell LLP on

Over the course of a few weeks, the Ohio Supreme Court has released a pair of decisions that offer guidance on how to determine the situs of gross receipts for purposes of calculating the Commercial Activity Tax (CAT) as well...more

Frantz Ward LLP

Jim Ickes Examines Growing Federal Conflict Over State Cannabis Markets

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Despite the rapid expansion of state-legal cannabis markets, the constitutional limits on how states may regulate those markets remain unsettled. One of the most significant unresolved questions is whether the Dormant...more

Herbert Smith Freehills Kramer

UPC Structure – Local, Regional And Central Divisions And Court Of Appeal, Judges & Languages (UPDATED)

The UPC has a Court of First Instance (divided into local, regional and central divisions) and a Court of Appeal (Luxembourg). Cases can commence in any one of these divisions according to the subject matter and the...more

Miller Johnson

Rethinking Worldwide Copyright: Ownership and Termination After Vetter v. Resnik

Miller Johnson on

Vetter v. Resnik, 2026 WL 82842 (5th Cir. Jan. 12, 2026) - The Fifth Circuit’s January 2026 decision in Vetter v. Resnik squarely addresses a fundamental question in copyright law: does termination recapture only U.S....more

Thompson Coburn LLP

Supreme Court Clarifies Time Limits for Challenging “Void” Judgments Under Rule 60(b)(4)

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The Supreme Court’s recent decision in Coney Island Auto Parts Unlimited, Inc. v. Burton (1/20/26) resolved a decades-long split among circuit courts over whether motions to vacate allegedly void judgments are subject to time...more

Cooley LLP

Disclosure: How the English Courts Balance Comity, Risk of Foreign Sanctions and the Fair Disposal of Proceedings

Cooley LLP on

The Court of Appeal’s judgement in Various Claimants v. Standard Chartered plc is a significant decision on whether an English court may compel disclosure of documents that are confidential under foreign regulatory regimes –...more

Carlton Fields

Florida Appeals Court Decisions Week of January 12 - 16, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - No decisions this week... Florida Supreme Court - Tallahassee In re Fla R Civ P - amended rules - In re Fla R Civ P - more amended rules - In re R Reg Fla Bar - amended bar...more

Baker Botts L.L.P.

SCOTX 2025 Year-End Update

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The Texas Supreme Court recently wrapped up the 2025 part of its 2025-26 term, and based on raw opinion numbers, the Court’s pace slightly lags its most recent prior terms....more

Weber Gallagher Simpson Stapleton Fires &...

New Year, First New York Appellate Decision on Workers’ Comp: A 1977 Case Resurfaces

We have the first New York Appellate Decision on workers’ compensation for the new year! And this is a real throwback case. 1977 accident. Total permanent disability established in 1991. That same year, the carrier agreed to...more

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