News & Analysis as of

Appellate Courts Litigation Strategies

Freeman Mathis & Gary

Rule 8 reloaded: Ninth Circuit takes aim at shotgun pleadings

Freeman Mathis & Gary on

The Ninth Circuit’s recent decision in Gibson v. City of Portland signals a broader shift in how district courts may treat unclear complaints. In this qualified immunity case, the district court dismissed on both...more

White & Case LLP

Nigeria v VR Global Partners LP & Ors – English Court of Appeal reaffirms robust case management powers in third-party cost claim

White & Case LLP on

On 23 January 2026, the Court of Appeal delivered an important judgment in The Federal Republic of Nigeria v VR Global Partners LP & Ors, reaffirming the English courts' robust and pragmatic approach to case management in...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Trouble: Fifth Circuit Upholds Vacatur of $75 Million Damages Award

On January 21, 2026, the U.S. Court of Appeals for the Fifth Circuit issued a decision in Trinseo Europe GmbH v. Kellogg Brown & Root, L.L.C., et al that has massive implications for those prosecuting or defending trade...more

Pietragallo Gordon Alfano Bosick & Raspanti,...

Is Finality Still Useful in False Claims Act Litigation?

All of us were treated recently to the latest statistics from the Department of Justice for 2025. By all accounts it was a record year for both the Department of Justice and relators, over $6.8 billion in total recoveries,...more

Seyfarth Shaw LLP

Federal Contractor EEO‑1 Reports Set for February Release After FOIA Litigation

Seyfarth Shaw LLP on

Following the Ninth Circuit’s July 2025 decision holding that EEO‑1 workforce data is not protected “commercial” information under FOIA Exemption 4, and the court’s subsequent December 29, 2025 mandate requiring the...more

Fox Rothschild LLP

A Recent Federal Circuit Case Highlights the Perils of Not Intervening in a Bid Protest and Issues Raised by a Party’s Failure To...

Fox Rothschild LLP on

A federal contractor whose contract award is challenged in a bid protest often faces a dilemma: whether to intervene and participate in the litigation. Intervention generally requires an awardee to retain counsel who can be...more

Constangy, Brooks, Smith & Prophete, LLP

Release of contractors’ EEO-1 Reports is imminent

After years of wrangling, the end is nigh. The U.S. Department of Labor has agreed to release EEO-1 Report data by February 25. How did we get here? As we previously reported, the Center for Investigative Reporting...more

Morrison & Foerster LLP

Second Circuit Holds That the Hague Service Convention Prohibits Email Service on Mainland China-Based Defendants

In Smart Study Co., Ltd v. Shenzhenshixindajixieyouxiangongsi, — F.4th —, No. 24-313 (2d Cir. Dec. 18, 2025), the United States Court of Appeals for the Second Circuit addressed a question of first impression at the federal...more

Freeman Mathis & Gary

Eleventh Circuit tightens Rule 803(4) purpose requirement in recent case

Freeman Mathis & Gary on

In United States v. Keegan (Dec. 17, 2025), the Eleventh Circuit addressed a defense attempt to use Federal Rule of Evidence 803(4)—the hearsay exception for statements “made for—and … reasonably pertinent to—medical...more

Frantz Ward LLP

Don’t Forget the Damages

Frantz Ward LLP on

During litigation, it’s easy to focus on the merits without addressing how much you are seeking to recover. Sometimes a party is so focused on fault that they disregard the obligation to prove the extent of damages with...more

Maison Law

Appeals in California Personal Injury Cases: When and How to Challenge a Verdict

Maison Law on

If you've recently lost a personal injury lawsuit or arbitration case in California, you might be interested in filing an appeal. However, the process can be a little complicated, especially if this is your first time dealing...more

Ropes & Gray LLP

Supreme Court to Consider the Video Privacy Protection Act

Ropes & Gray LLP on

Last week, the U.S. Supreme Court agreed to hear a case that is expected to resolve a long-developing split among federal courts of appeals over the scope of the Video Privacy Protection Act of 1988 (“VPPA”), 18 U.S.C. §...more

Amundsen Davis LLC

Independent Contractors in Wisconsin Can Create Additional Liability for Employers in the Form of Negligent Supervision Claims

Amundsen Davis LLC on

In Wisconsin, negligent supervision claims are only available when there is an employer-employee relationship. Independent contractor (“IC”) or agency relationships do not suffice and, crucially, the individual must be an...more

Hicks Johnson

2026 Appellate Outlook: What We’re Watching in Texas and Federal Courts — and Why It Matters for Business

Hicks Johnson on

Appellate developments rarely arrive with a single headline. More often, they show up as procedural changes, new decision-makers, and shifting court workloads — changes that quietly reshape risk, leverage, cost, and outcomes...more

Fenwick & West LLP

Trade Secrets Under Pressure: Lessons from the Coda v. Goodyear Decision

Fenwick & West LLP on

Trade secrets can be a valuable part of a company’s IP strategy. A recent decision from the U.S. Court of Appeals for the Federal Circuit, Coda Development S.R.O. v. Goodyear Tire & Rubber Co., underscores that imprecise...more

Patton Sullivan Brodehl LLP

The “Sham Guaranty” Defense is Not Easy to Establish

Under California anti-deficiency law, borrowers enjoy robust protections.  Guarantors — not so much.  The statutory protections afforded to borrowers cannot be waived, while for guarantors, they can be (and almost always are)...more

Gray Reed

Texas Supreme Court Justice Throws a Lifeline to Mineral Rights Owners

Gray Reed on

In Ageron Energy LLC v. ETC Texas Pipeline, LTD Justice Busby authored a concurring opinion in the denial of a petition for review to the Supreme Court in which he criticized the majority opinion of the Court of Appeals...more

Farrell Fritz, P.C.

The Pick-Your-Partner Principle

Farrell Fritz, P.C. on

They say inertia is the strongest force in the universe. It can be the strongest force in litigation too, where business owners sometimes have to endure endless years, countless dollars, and incalculable torment just to...more

Law Office of Jason Ostendorf

Why Good Trial Lawyers Are Often Bad Appellate Lawyers (and What Clients Miss)

Litigation looks like a single continuum from filing to verdict, but it isn’t. Trial and appellate practice are not merely different phases of the same work; they are different crafts with different habits, incentives, and...more

Knobbe Martens

Doubling Down on Frivolous Claims Results in More Fees

Knobbe Martens on

ESCAPEX IP, LLC V. GOOGLE LLC - Before Taranto, Stoll, and Stark.  Appeal from the United States District Court for the Northern District of California. Additional attorneys’ fees may be awarded when a party that brought a...more

Ervin Cohen & Jessup LLP

Playing the Long Game: How an Employer's Litigation Strategy Waived the Right to Arbitration

The recent decision in Sierra Pacific Industries Wage and Hour Cases by the California Court of Appeal for the Third District is a significant warning for employers regarding the waiver of the right to compel arbitration in...more

Cozen O'Connor

Family Property Disputes in Canada: Why Process Selection Matters

Cozen O'Connor on

A recent Alberta Court of Appeal decision offers a clear reminder that in family property disputes, procedural risk can be just as determinative as the underlying legal issues. While the ruling arises from Alberta, its...more

Perkins Coie

No Entitlement to Attorneys’ Fees Where Successful Claims Were Nullified by Legislation and California Supreme Court Decision

Perkins Coie on

Petitioners were not “successful parties” entitled to attorneys’ fees under Code of Civil Procedure 1021.5 after the Legislature abrogated their legal victories by statute and the Supreme Court reversed the judgment. Make UC...more

Troutman Amin LLP

CLASS IS NOT IN SESSION: Court Affirms Denial of Class Certification In TCPA Lawsuit

Troutman Amin LLP on

Hi TCPAWorld! Defendant just scored a huge victory with a Court affirming a denial of class certification in their lawsuit. In Brian J. Lyngas, D.D.S., P.L.L.C., v. IQVIA, INC., 2025 WL 3565507 (E.D. PA Dec 12, 2025),...more

Cooley LLP

Judge Rules CFPB’s Refusal to Request Funding Violates Preliminary Injunction

Cooley LLP on

In a case deciding the fate of the Consumer Financial Protection Bureau (CFPB), National Treasury Employees Union, et al. v. Russell Vought, the US District Court for the District of Columbia declared that the CFPB’s refusal...more

298 Results
 / 
View per page
Page: of 12

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide