Overcoming Missed Deadlines
3 Proven Strategies for Dealing with a Midland Funding Lawsuit
On April 8, Virginia enacted the Uniform Consumer Debt Default Judgments Act (H 444), which, effective July 1, 2027, establishes new pleading and disclosure requirements on plaintiffs seeking default judgments in consumer...more
Every litigator has experienced a technology hiccup at an inconvenient moment. But courts have made clear that vague references to “technical difficulties” will not excuse a failure to appear—and once a default judgment is...more
The U.S. District Court for the Central District of Illinois, applying Illinois law, held that a commercial general liability policy did not provide coverage for a suit seeking compensation for costs associated with...more
Online marketplaces create enormous opportunities for businesses to attract more customers and sell in previously unreachable markets. But the ecommerce landscape also makes it easier for counterfeit goods and unauthorized...more
Companies operating in Texas have seen a notable increase in demand letters and civil claims citing Section 302.302(a) of the Texas Business and Commerce Code, which carries a civil penalty of up to $5,000 per violation. What...more
On March 18, the U.S. District Court for the Eastern District of Michigan granted in part and denied in part motions to dismiss a pro se consumer’s complaint alleging that a credit union and a law firm violated federal debt...more
On March 18, the governor of Washington signed into law the Uniform Consumer Debt Default Judgments Act, which expands consumer protections in debt collection lawsuits by imposing new complaint and disclosure requirements on...more
Interesting eDiscovery case law rulings are blooming! In our April 2026 monthly webinar of cases covered by the eDiscovery Today blog, we will discuss disputes related to quashing a subpoena seeking ESI from LinkedIn, intent...more
Rule 60(a) of the Federal Rules of Civil Procedure ("Fed. R. Civ. P.") provides that a federal court can, on the request of a litigant or its own initiative, correct clerical mistakes or mistakes arising from oversight or...more
California courts have long recognized that a judgment creditor who has prevailed against a corporation should not be left holding an empty bag simply because the real wrongdoer operated behind a corporate shell. Thus, after...more
When seeking a default judgment, parties often assume that an unanswered complaint puts them in the driver’s seat for a quick and early victory. But as practitioners in the Commercial Division are well aware, courts retain...more
Jurisdiction: California - Plaintiff Stephen Anderson filed a talc-related asbestos suit in the Los Angeles County Superior Court, claiming he contracted mesothelioma. Anderson allegedly experienced exposure from, among other...more
On February 25, 2026, a panel of the Seventh Circuit held oral argument in the case of Kangol LLC v. Hangzhou Chuanyue Silk Import & Export Co., Ltd., No. 25-2205. The appeal arises out of an unsuccessful attempt to void a...more
Served with a lawsuit in Pennsylvania? Learn what to do first, what mistakes to avoid, and how to protect yourself in the early stages of litigation....more
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
In Choice Hotels International Inc. v. Gresham Hotel LLC, the U.S. District Court for the District of Maryland addressed an application filed by plaintiff Choice Hotels International to confirm an arbitration award against...more
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
The Supreme Court has opened the new year with a decision that should convince every company that ignoring a payment demand is a mistake. In Coney Island Auto Parts Unlimited, Inc. v. Burton, the Court resolved a...more
In Coney Island Auto Parts Unlimited, Inc. v. Burton (Chapter 7 Trustee for Vista-Pro Automotive, LLC), the Supreme Court addressed whether Rule 60(c)(1)’s “reasonable time” requirement applies to a motion seeking to set...more
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
On January 20, 2026, the United States Supreme Court issued its unanimous 9-0 opinion written by Justice Alito with a concurrence by Justice Sotomayor in Coney Island Auto Parts Unlimited, Inc. v. Burton and addressed whether...more
On December 22, 2025, Magistrate Christian Douglas Wright of the Delaware Court of Chancery granted default judgment in a books and records action brought by the Company’s former CEO and largest stockholder. Moran v. Unation,...more
A recent decision by Bankruptcy Judge Brendan Shannon was peppered with some harsh words for a defendant in an adversary proceeding. Judge Shannon said the party’s “failure to perform basic discovery responses and...more
Let’s begin with the bottom line: “In sum, we conclude that email service on the Chinese defendants is prohibited by the Hague Service Convention, and thus improper under Rule 4(f)(3).” Smart Study Co., LTD. v. Acuteye-US,...more
Here at the Bankruptcy Update, we frequently write on the intersection of insolvency and fraud, including collapsed Ponzi schemes. Another Ponzi-scheme related opinion recently issued from the United States Bankruptcy Court...more