Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Defending HIMP-1 Claims in New York
Lauryn Hill's Tax Evasion a 'Battle for Survival': Lawyer
In a unanimous decision of June 4, 2026 in Hikma Pharmaceutical USA Inc. v. Amarin Pharma Inc., authored by Justice Jackson, the Supreme Court clarified the pleading requirements for claims of induced patent...more
The Supreme Court issued its decision today in Hikma Pharmaceuticals v. Amarin Pharma, addressing what it takes to successfully plead a claim for indirect patent infringement...more
What happens when a party claims it misunderstood the legal consequences of a contract, but had in fact obtained legal advice at the time it was executed? The short answer is that it can result in a complete loss of...more
The Texas Business Court’s decision in Enosis Investments, LLC v. Jensen turns on a simple point: Fiduciary duties depend on what is pleaded. The case arises out of a real estate development project structured through a...more
Courts in Florida and across the country are grappling with a rapidly growing crisis: the submission of court filings produced with the assistance of generative artificial intelligence that cite nonexistent cases or cite...more
As noted in the title, civil RICO claims are on such a bad losing streak at the pleading stage in the Commercial Division that they’re beginning to rival the New York Mets. And that’s coming from a die-hard Mets fan....more
In Larouche v. PGM ResidualCo Holdings Inc., 2026 BCSC 674, the British Columbia Supreme Court (the “Court”) refused leave to pursue secondary market claims under the B.C. Securities Act(“Act”) in a proposed class action...more
Topics include: - Public Interest Law - The MMPA: Pleadings, Practices & Pitfalls - Bad Faith Insurance Risk: Case Law Update - Effective Use of Electronically Stored Information During Trial - Creativity and...more
In Holsey-Hyman v. Edens (N.C. Ct. App. Apr. 15, 2026), the North Carolina Court of Appeals addressed the boundary between protected legislative acts and unprotected administrative or political conduct by local officials....more
In Wimbish v. Crema-Samalya, 2026 N.Y. Slip Op. 02691 (2d Dept. Apr. 29, 2026), the Appellate Division, Second Department, underscored the limits of fraud and consumer protection claims. Reversing a Kings County Supreme Court...more
On April 16, 2026, in Larouche v. PGM ResidualCo Holdings Inc., the British Columbia Supreme Court (Court) denied leave to commence secondary market claims under the B.C. Securities Act (Act) in a proposed class action...more
Ontario appellate courts continue to underscore that civil conspiracy claims must observe principles of corporate separateness. In Cervantes v. Pizza Nova Take Out Ltd., 2026 ONSC 713, the Ontario Divisional Court reaffirmed...more
The Federal Court of Canada has found that a C$5 billion class action alleging an industry-wide conspiracy to fix generic drug prices in Canada has no basis in fact....more
The U.S. District Court for the Eastern District of Texas dismissed certain pre-suit willful infringement and inducement claims premised upon knowledge of a related patent application to the asserted patent, but allowed...more
Berk v. Choy, 607 U.S. ---, --- S. Ct. ---, 2026 WL 135975 (January 20, 2026) - In Pennsylvania, it has long been the rule that a party pursuing a lawsuit against a licensed professional must first obtain expert support for...more
In Caerus Group, LLC v. Chemicar Europe NV, the Delaware Court of Chancery (Vice Chancellor David) granted motions to dismiss in consolidated actions arising from a joint venture dispute, clarifying that conclusory labels and...more
The Supreme Court’s January 20, 2026 decision in Berk v. Choy, 607 U.S. ___ (2026), held that Delaware’s affidavit-of-merit requirement—mandating an expert affidavit accompany a medical malpractice complaint—does not apply in...more
As with many other jurisdictions worldwide, French courts are starting to be confronted with hallucinations created by artificial intelligence (AI), which take the form of erroneous case-law references produced in the...more
Spurgeon & Ors v Capita plc [2026] EWHC 241 (KB) (9 February 2026). The High Court has refused an application to strike out compensation claims brought by around 4,000 individuals affected by the Capita data security breach....more
Repeat after me: you cannot raise a consent defense at the pleadings stage unless the complaint specifically alleges the fact consent was provided. It always makes me cringe when I see TCPA defendants lobbing purported...more
Trade secret disputes often begin with strong language. Companies describe information as “confidential,” “proprietary,” or “trade secret” and assume those labels will carry weight in litigation. They do not....more
The two largest judicial districts in Florida will now require lawyers to certify whether artificial intelligence was used in any fashion to create pleadings filed in their courts. Legal research and document drafting, both...more
In last week's opinion in In re ColossusBets Limited, the Fifteenth Court of Appeals offered a clear illustration of how Texas’ new Business Court interacts with traditional pleading amendments — and what happens when a...more
The Supreme Court’s decision on January 26, 2026, in Berk v. Choy should put to rest the long‑running debate over whether state-law certificate of merit requirements apply in federal court. Under the Court’s straightforward...more
In Berk v. Choy, the Supreme Court held that a Delaware state law that requires plaintiffs bringing medical malpractice claims to set forth evidence of the suit’s merits via an affidavit of merit early in the case was...more