In That Case: Department of State v. Muñoz
False Claims Act Insights - Railroaded! How to Approach the Twin Tracks of Parallel Proceedings
Law School Toolbox Podcast Episode 334: Listen and Learn -- Standards of Review (Con Law)
Bar Exam Toolbox Podcast Episode 160: Listen and Learn -- Standards of Review (Con Law)
Law School Toolbox Podcast Episode 295: Listen and Learn -- Due Process and Equal Protection (Con Law)
Bar Exam Toolbox Podcast Episode 117: Listen and Learn -- Due Process and Equal Protection (Con Law)
Personal Jurisdiction Part 3 – Oral Arguments in the Ford Cases [More with McGlinchey Ep. 12]
Day 11 of One Month to Better Compliance Through HR-the Fair Process Doctrine
Webinar: Investigating and Resolving Sexual Assaults on Campus
Former Solicitor General Ted Olson Discusses 2013's Biggest Supreme Court Case—His.
Louisiana’s Direct Action Statute was recently amended to remove the right of an injured person or, if deceased, the statutory beneficiaries, to bring a direct action claim against a tortfeasor’s insurer, except in certain,...more
In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more
When operating a business, it is nearly impossible not to have to interact with state or other local government agencies. Decisions regarding permits, licenses, government contracts, workforce compliance, environmental...more
On April 2, 2025, the Court of Appeal for California’s Fifth Appellate District issued its decision in Bring Back the Kern v. City of Bakersfield, 2025 S.O.S. 909. That case held that courts must apply the reasonableness...more
U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more
Montes v. Universal Property & Casualty Insurance Co., Fla. 2d DCA, No. 2D2023-1200, February 12, 2025 - The Second District Court of Appeal revived an insurance coverage suit a homeowner brought against his insurance...more
In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...more
The Honorable Pauline Newman, Circuit Judge for the U.S. Court of Appeals for the Federal Circuit, has been battling her suspension from the Court imposed by the Judicial Council for two years (including proceedings leading...more
We previously reported that the Illinois Supreme Court issued its long-awaited decision in Martin v. Goodrich Corp., upholding the constitutionality of a 2019 amendment to the Illinois Workers’ Occupational Diseases Act (the...more
On January 30, 2025, the Ohio 8th District Court of Appeals held that Ohio’s medical malpractice non-economic damages cap is unconstitutional as applied to the plaintiff-appellee who permanently lost his eye as the result of...more
U.S. Eleventh Circuit Court of Appeals - Wilson v. Hearos - removal by nonparty, service of process, Ga law - USA v. Lemus - Maritime Drug Law Enforcement Act, constitutional challenges...more
Over the last four months, New York’s Appellate Division has finally begun to address constitutional challenges to the state’s Foreclosure Abuse Prevention Act (FAPA), an act that became effective in December 2022 and...more
The Michigan Court of Appeals recently issued a decision that considered the scope of the probate court’s ability to appoint a special fiduciary. In re Trueman Harrison and Modesta Harrison Trust, No 368031, 2025 WL 272281...more
In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more
Court: Supreme Court, Appellate Division, First Department (NY) - In this asbestos action, plaintiffs allege that decedent, John Beagan, was exposed to asbestos-containing products while in work areas of New York car...more
Across the United States, courts disagree about where an insurance company may be subject to personal jurisdiction. For instance, is a territory-of-coverage provision relevant to personal jurisdiction? What about registering...more
In United States v. Nasri, the U.S. Court of Appeals for the Ninth Circuit held that the U.S. government must satisfy Due Process requirements before it can seek civil forfeiture of assets located abroad. The 2-1 split panel...more
In Mallory v. Norfolk Southern Railway Co.,[1] the U.S. Supreme Court clarified last year that states can require foreign entities to consent to personal jurisdiction as a condition for doing business within their borders. ...more
Ex-CEO's lawsuit against the comedian/activist will proceed. Who ever thought personal jurisdiction could be interesting? In April 2021, the CEO of a telehealth company was eating dinner with his wife at a hotel in a suburb...more
Today, the Supreme Court of the United States issued three decisions: MOAC Mall Holdings LLC v. Transform Holdco LLC, No. 21-1270: This bankruptcy case involved the interpretation of Bankruptcy Code § 363(m) and its...more
On June 30th, 2022, the Ninth District Court of Appeals issued a significant decision in Magnum Asset Acquisition, LLC v. Green Energy Technologies, LLC. The Court decided that virtual communication between parties to a...more
A North Carolina hospital defending a medical malpractice action was denied constitutional due process when the trial court, citing pandemic-related health concerns, forbade its attorneys from being physically present with...more
In January 2020, the Appellate Division considered an important question: how should a judge assess a party’s request to appear at a trial and present testimony by way of video transmission? The timing of this consideration...more
Three months ago, the Fourth District Court of Appeal upheld a Coastal Commission fine of $1 million on homeowners who performed major reconstruction on their Malibu home without obtaining coastal permits and refused to halt...more