Coverage Litigation Leapfrog: Why Venue Matters and How to Avoid Pre-emptive Strike Actions
Law School Toolbox Podcast Episode 267: Listen and Learn -- UCC 2-207 ("The Battle of the Forms")
Podcast: IP Life Sciences Landscape: Aiding Orange and Purple Book Patent Owners in Developing PTAB Survival Skills
Meritas Capability Webinar - Controlling Where to Fight and Who Pays for it?
In Berk v. Choy (Jan. 20, 2026), the U.S. Supreme Court considered whether Delaware’s medical-malpractice “affidavit of merit” statute applies in federal court when a plaintiff sues under diversity jurisdiction. Delaware law...more
Insurance coverage disputes often begin with a battle over the appropriate forum for litigation. This can impact matters from the judge and jury who hear the case to the body of state law that governs the coverage issues. The...more
In 2025, Delaware, Texas, and Nevada enacted corporate law changes that reshape fiduciary liability and stockholder litigation risk. Our Financial Services Litigation and Securities Litigation Teams outline how these reforms...more
When Texas-based McDermott International obtained chapter 15 recognition (in the Southern District of Texas, no less) of UK and Dutch plans to restructure both its funded debt as well as trade and litigation claims—in what...more
• No direct suits absent express language: Individual shareholders cannot sue a third party based on that party’s agreement with the corporate entity unless the contract expressly creates individualized rights and duties...more
A federal court in New Mexico denied a supplier’s motion to transfer venue after finding that a forum selection clause was invalid under New Mexico law. Rawson Inc. v. Associated Materials, LLC, 2025 WL 137811 (D.N.M. Sept....more
The new consent to jurisdiction statute for toxic torts, SB 328, is raising the stakes for life sciences, chemical, and other companies. SB 328 loosens the jurisdictional requirements in Illinois and paves the way for other...more
Pennsylvania Superior Court Enforces Venue Selection Clause in Surgical Consent Form - Somerlot v. Jung, 2025 Pa. Super. 166 (July 30, 2025) - The Superior Court of Pennsylvania affirmed the order of the Philadelphia County...more
In the largest mass tort claim in English legal history, the High Court has found in favour of over 600,000 claimants adversely affected by the collapse of the Mariana dam in Brazil....more
A federal court in Illinois recently transferred a Washington resident’s putative class action to Washington, finding the Northern District of Illinois lacked jurisdiction over a Washington-based defendant, Northwest Bath...more
A state appellate court in Michigan affirmed in part and reversed in part a trial court’s decision compelling arbitration and denying a motion to rescind two contracts related to a failed effort to establish a franchise...more
Nature or nurture? Some lawsuits become unwise after years of development. Some are just born that way....more
Winner v. Progressive Advanced Ins. Co., et al., --- A.3d ---, 2025 WL 2716494 (Pa. Super. Ct. Sept. 24, 2025) - The plaintiff, Robert Mark Winner, was rear-ended by another driver and suffered alleged injuries. Winner...more
Could the long-running debate over the validity of unilateral or asymmetrical jurisdiction clauses soon be resolved? Following the Court of Justice of the European Union’s (CJEU’s) judgment of 27 February 2025, which sets out...more
Texas has positioned itself as a leading business jurisdiction through comprehensive corporate law reforms enacted in 2025. These changes make Texas an increasingly attractive jurisdiction to reincorporate. Understanding...more
Companies in certain industries have years and even decades of experience in defending and resolving “long-tail” liabilities for suits, claims and other proceedings—such as for asbestos-related disease or...more
The case of Somerlot v. Jung, Sept. Term 2023, No. 2128, (C.P. Phila. Co. Nov. 25, 2024 Bright, J.) was brought before the Superior Court of Pennsylvania on appeal. The plaintiff sustained serious injuries as a result of a...more
U.S. Eleventh Circuit Court of Appeals - Prospero v. Sullivan - qualified immunity, misusing 911 - Nussbaumer v. Fla DCF - Free Speech, Free Exercise, domestic violence program ...more
The most expensive clause in a contract may be the one nobody notices until a substantial disagreement arises — the dispute resolution clause. A poorly chosen forum or process can add years of delay and millions in cost....more
A new Texas law that took effect September 1 expands the jurisdiction of the state’s business courts to include certain trade secret claims. The change is expected to result in faster and more efficient resolution of...more
The North Carolina General Assembly recently passed House Bill 388 (the “Act”), which was subsequently signed into law by Governor Josh Stein on June 30, 2025. Originally published on the NCBA's Bar Blog, Business Law...more
The United States Court of Appeals for the Second Circuit recently weighed in on the proper role of American federal courts in adjudicating the validity of arbitration awards made in foreign countries. In Molecular Dynamics,...more
In copyright infringement and false designation of origin action brought by owners of The Wall Street Journal and the New York Post, district court holds that San Francisco-based Perplexity AI Inc. is subject to personal...more
Earlier this summer, the Bankruptcy Court for the Southern District of New York rejected a challenge to the Litigation Administrator, Moshin Y. Meghji, lawsuits against Celsius Network LLC customers. The challenge was based...more
If your company documents require disputes to be litigated in the Delaware Court of Chancery, you may have to resolve your business divorce without a jury trial, even if California law would otherwise guarantee one....more