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Evidence Appeals

Fox Rothschild LLP

First Discussion of Coercive Control in a Reported Appellate Decision Since it Was Added to the Domestic Violence Statute

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The topic of coercive control is one that rightfully has gotten a lot of attention in the last few years. It is coming up more and more as part of custody cases. Moreover, in January of 2024, New Jersey’s Domestic...more

Maynard Nexsen

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

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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

Carlton Fields

Florida Appeals Court Decisions Week of February 2 - 6, 2026

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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

Freeman Mathis & Gary

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

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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

Blank Rome LLP

Ninth Circuit Clarifies Class Member Standing in Healy v. Milliman

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The Ninth Circuit’s decision in Healy v. Milliman, Inc., No. 24-3327, --- F.4th ----, 2026 WL 71863 (9th Cir. Jan. 9, 2026), carries significant implications for class action defense and litigation strategy across the Ninth...more

Cooley LLP

Protecting Grand Jury Materials From FOIA: Lessons From the Ninth Circuit’s Kalbers Decision

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The US Court of Appeals for the Ninth Circuit’s recent decision in Kalbers v. DOJ confirms that documents produced solely in response to a grand jury subpoena are protected from disclosure under the Freedom of Information Act...more

Carlton Fields

Florida Appeals Court Decisions Week of January 26 - 30, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Rodgers - Fifth Amendment, right to silence - Hughes v. Locure - § 1983, qualified immunity - USA v. Ott - sentencing - Lewis v. Fulton Cnty Sheriff - blind inmate,...more

Jones Day

Global Trade Secret Update - Key Developments in 2025

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Ninth Circuit Finds that the Sufficiency of a Trade Secret Disclosure in Discovery Is a Question of Fact - Quintara Biosciences, Inc. v. Ruifeng Biztech, Inc., 149 F.4th 1081 (9th Cir. 2025) - The Ninth Circuit Court of...more

McDermott Will & Schulte

Hot out of the oven: Trademark limits on pizza-inspired names

The US Court of Appeals for the Seventh Circuit affirmed-in-part and reversed-in-part a preliminary injunction barring the use of PIZZA PUFF, concluding that the trademark owner failed to demonstrate a likelihood of success...more

McDermott Will & Schulte

Expert had firm grip on Rule 702

The US Court of Appeals for the Federal Circuit reversed an exclusion of expert testimony and grant of judgment as a matter of law, finding that the district court improperly conflated admissibility with credibility and...more

Carlton Fields

Florida Appeals Court Decisions Week of January 19 - 23, 2026

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U.S. Eleventh Circuit Court of Appeals - USA v. Jones - rehearing, drug trafficking, evidence, closing arguments, misconduct, Miranda - Renco v. Napoli Shkolnik - § 1782 discovery, protective order, foreign activities...more

Carlton Fields

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

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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.

Fourteenth Court of Appeals Further Limits Non-Economic Damages in ExxonMobil v. Brown

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In ExxonMobil Corp. v. Brown, the Fourteenth Court of Appeals has continued appellate-court efforts to define the contours of proving and evaluating non-economic damages in Texas....more

McGuireWoods LLP

Circuit Court Recognizes Criminal Defense That Seems Too Good to Be True

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A recent federal appeals court ruling raised eyebrows for its view of an implied privilege waiver. Waivers can be express or implied. The former can occur with the disclosure of a document’s content. The latter can be more...more

Fisher Phillips

Federal Appeals Court Reaffirms Alternative Approach to Proving Discrimination: 5 Things Employers Need to Know

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The 11th US Circuit Court of Appeals is continuing to reshape how judges evaluate evidence in employment discrimination and retaliation cases. Its December 5 decision in Ismael v. Roundtree further distances the court from...more

Husch Blackwell LLP

Burden Shifting in Closing Arguments: Lessons from Harrell v. City of Chicago

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The proper allocation of the burden of proof during closing arguments is a recurring issue in civil litigation. On August 19, 2025, the Illinois First District Court of Appeals affirmed the trial court’s decision to grant a...more

McDermott Will & Schulte

Equivalents still requires all elements be met, injunctive relief still governed by eBay factors

The US Court of Appeals for the Federal Circuit issued a mixed ruling in a dispute over patents covering child car seat technology, explaining that infringement under the doctrine of equivalents requires an equivalent for...more

Seyfarth Shaw LLP

Ismael v. Roundtree: Clarifying the Coexistence and Application of the McDonnell Douglas Pretext Analysis and the Convincing...

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The Eleventh Circuit’s recent decision Ismael v. Roundtree, No. 25-10604 (11th Cir. Dec. 5, 2025) reversed the United States District Court for the Southern District of Georgia’s grant of summary judgment in favor of...more

Carlton Fields

Florida Appeals Court Decisions Week of December 22 - 24, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Day - sentencing - Mullin v. Dep’t of Vet Affairs - employment, Rehabilitation Act - Mukhina v. Walmart - employment, Title VII, evidence, remedy exhaustion...more

Schwabe, Williamson & Wyatt PC

Latest Federal Court Cases: Wonderland Switzerland AG v. Evenflo Company, Inc.

This week’s Case of the Week includes a potpourri of issues following a jury trial and issuance of a permanent injunction against Evenflo based on patents directed to child car seats....more

Carlton Fields

Florida Appeals Court Decisions Week of December 15 - 19, 2025

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U.S. Eleventh Circuit Court of Appeals - USA v. Jones - drug, gun crimes; evidence, improper closing; questioning re Miranda - Gantt v. Everett - § 1983, qualified immunity ...more

McDermott Will & Schulte

Vague definitions deflate tire trade secret claims

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The US Court of Appeals for the Federal Circuit affirmed a district court’s judgment as a matter of law (JMOL) that the plaintiff failed to prove misappropriation of five alleged trade secrets related to self-inflating tire...more

Proskauer - California Employment Law

Employees Can Proceed With Age Discrimination Claims

Three former employees of Circle K Stores sued, alleging age discrimination based upon Circle K’s denial of a promotion. The employees alleged that despite their “impressive track records” and indications on their part of...more

Bennett Jones LLP

BC Court of Appeal: The Rules of Evidence Are Not Relaxed at Certification

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Courts perform an important gatekeeping function at certification. This includes being satisfied that the plaintiff has shown the required "some basis in fact" for each of the certification criteria other than reasonable...more

Husch Blackwell LLP

The Ninth Circuit’s Latest Word on Expert Testimony: A Cautionary Tale for Expert Witnesses in Toxic Tort Litigation

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In August 2025, the Ninth Circuit affirmed a district court’s decision to exclude an expert’s causation opinion as unreliable and grant summary judgment in favor of a herbicide manufacturer.The case, which arose from claims...more

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