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Appellate Courts Summary Judgment

Brownstein Hyatt Farber Schreck

SLAPP Fight in Colorado: Plaintiffs Face Dueling Evidentiary Standards

An emerging split in the Colorado Court of Appeals may force the Colorado Supreme Court to revisit the state’s anti-SLAPP statute—soon after finally weighing in on the statute’s first prong as a novel question in Lind-Barnett...more

Stevens & Lee

Third Circuit to Decide Reverse Employment Discrimination Standard for New Jersey Cases

Stevens & Lee on

In Massey v. Borough of Bergenfield, argued before the U.S. Court of Appeals for the Third Circuit on Oct. 28, 2025, the parties dispute the legality of the current, employer-friendly, “background circumstances” test applied...more

Troutman Pepper Locke

Third Circuit Ruling Highlights Unique Dynamics for Cannabis-Related Contract Disputes

Troutman Pepper Locke on

A recent decision of the U.S. Court of Appeals for the Third Circuit serves as a stark reminder to companies and individuals in the state-legal cannabis industry that the federal illegality of cannabis can jeopardize their...more

Carlton Fields

Eighth Circuit Rules That Concealment or Fraud Provision Can Bar Coverage for False Facts, Even Absent Knowledge by Insured or...

Carlton Fields on

In Hiscox Dedicated Corporate Member Ltd. v. Taylor, the Eighth Circuit Court of Appeals recently affirmed the right of an insurer under Arkansas law to void a policy based on a misrepresentation in an application, even if...more

Carlton Fields

Florida Appeals Court Decisions Week of February 9 - 13, 2026

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - O’Neal v. Am Shaman - FLSA, settlement, litigation bar - USA v. Mullings - plea withdrawal, sentencing - USA v. Hicks - felon with firearm, sentencing No decisions this...more

McDermott Will & Schulte

Relax, design patent claim scope doesn’t include functional elements

Addressing the issue of functional versus ornamental features, the US Court of Appeals for the Federal Circuit affirmed the district court’s summary judgment of noninfringement, concluding that no reasonable juror could find...more

McDermott Will & Schulte

Method steps must be done in order where there is logical dependency

In a second appeal, the US Court of Appeals for the Federal Circuit affirmed a district court’s summary judgment of noninfringement based on an implicit ordering of steps in a method claim after disagreeing with the lower...more

McDonnell Boehnen Hulbert & Berghoff LLP

Federal Circuit Misses the Mark on Design Patent Non-Infringement

The district court granted summary judgment of non-infringement, finding that no reasonable jury could find the Armaid2 design to be substantially similar to the design claimed in the D’155 patent. RoM appealed using two main...more

Parker Poe Adams & Bernstein LLP

Fourth Circuit Says Disabled Plaintiff Not Qualified if Unable to Perform Job Functions

When faced with a disabled employee’s request for accommodation, employers sometimes base their response to the request on whether the worker’s proposed accommodation presents an undue hardship to the business in terms of...more

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

Standing Near the Grenade: BIPA Doesn’t Reach Entities That Facilitate - But Do Not ‘Acquire’ - Biometric Data

On January 30, 2026, the Appellate Court of Illinois affirmed summary judgment in Salinas v. Arthur Schuman Midwest, LLC, in favor of staffing agencies accused of Biometric Information Privacy Act (BIPA) violations, holding...more

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

Remote Control: When Employers Can Reject Work-From-Home Accommodation Requests

Requests for remote work accommodations are on the rise, and a recent decision from the U.S. Court of Appeals for the Fourth Circuit, Haggins v. Wilson Air Center, LLC, offers timely guidance to employers navigating such...more

Harris Beach Murtha

Second Department Resolves CPLR § 205(a) Six-Month Grace Period

Harris Beach Murtha on

In a recent decision, HSBC Bank USA, N.A. v. Hillaire, No. 2024-02731 (Jan. 28, 2026), New York’s Appellate Division, Second Department, addressed the date an action “terminates” for purposes of the six-month grace period on...more

FBT Gibbons LLP

Stacking: A Lawnmower, a Lawsuit, and a Lesson in Insurance Limits

FBT Gibbons LLP on

Stacking refers to combining coverage limits across one or more insurance policies to increase the total amount available for a single covered loss. With automobile insurance, the issue of stacking arises with regard to...more

Maynard Nexsen

Alabama Supreme Court Appellate Alert: Decisions from February 6, 2026

Maynard Nexsen on

The Alabama Supreme Court issued its weekly release list on Friday, February 6, which included the following opinion of potential interest to the Alabama business community...more

King & Spalding

New York Appellate Court Reverses Denial of Bank’s Summary Judgment Motion for Amounts Owed Under Cancelled Credit Agreement

King & Spalding on

On November 26, 2025, the New York Appellate Division, Second Department reversed a trial court order denying Plaintiff Citibank, N.A.’s motion for summary judgment for breach of contract, breach of a personal guaranty, and...more

Carlton Fields

Sixth Circuit Rules Against Nonprofit Organization in Insurance Dispute Over Replacement Cost of Outdated Building

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The Sixth Circuit Court of Appeals recently affirmed summary judgment in favor of an insurance carrier regarding a coverage dispute over the replacement cost of a building....more

Whiteford

Employment Law Update: Fourth Circuit Reinforces ADA’s “Qualified Individual” Requirement in Remote Work Dispute

Whiteford on

The U.S. Court of Appeals for the Fourth Circuit recently issued a decision in Haggins v. Wilson Air Center, LLC that offers valuable guidance for employers navigating disability accommodation requests, particularly those...more

Freeman Mathis & Gary

2025 FMG Insurance Coverage Annual Report

Freeman Mathis & Gary on

A summary of the year’s important insurance coverage and extra-contractual cases within FMG’s footprint across the country. State Farm Automobile Ins. Co., v. Orlando - In vacating the Court of Appeals’ opinion, the...more

Oliva Gibbs

When an active well doesn’t hold a lease: MBI Oil & Gas, LLC v. Royalty Interests Partnership, LP, No. 24-2031 (8th Cir. July 25,...

Oliva Gibbs on

In MBI Oil & Gas, LLC v. Royalty Interests Partnership, LP, the 8th Circuit Court of Appeals, applying North Dakota law, affirmed summary judgement that an oil and gas lease expired at the end of its primary term where the...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

McDermott Will & Schulte

Case exterminated too soon: DTSA and CFAA claims survive

The US Court of Appeals for the Tenth Circuit partially reversed and partially affirmed a series of district court rulings arising from alleged corporate espionage between competitors in the pest control industry....more

McDermott Will & Schulte

This Week in 340B: January 20 – 27, 2026

Find the 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 summary...more

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

IP Hot Topic: Spot the Difference or Close Enough? Framing Design Patent Infringement

The Federal Circuit’s recent decision in Range of Motion Products, LLC v. Armaid Company Inc. highlights a growing dissatisfaction with courts’ broad use of the sufficiently distinct/plainly dissimilar standard to dispose of...more

Bressler, Amery & Ross, P.C.

Seventh Circuit Equates UL Monthly Policy Charges to Premiums to Hold Illinois Premium Notice Statute Does Not Apply

In Dahleh v. Minnesota Life Ins. Co., No. 25-1315, 2026 U.S. App. LEXIS 1378 (7th Cir. Jan. 20, 2026), the Seventh Circuit affirmed the District Court’s award of summary judgment to Minnesota Life on plaintiff’s claim that...more

Sheppard Mullin Richter & Hampton LLP

Trade Secret Claims Require Describing the Secret, Not the Software

The U.S. Court of Appeals for the Seventh Circuit, which hears federal appeals from Illinois, Wisconsin, and Indiana, recently issued a decision clarifying the level of specificity required to claim trade secret protection...more

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