Bill on Bankruptcy: Will 2013 Be Kind To The Bankruptcy Bar?
In February 2025, we wrote about the new Texas Business Court and factors to consider in determining whether to file your next construction suit in Texas’ new court. Since then, the Texas Legislature has expanded the Texas...more
You know the emergency response is not good when you get a call at 4:30 a.m. telling you to turn on CNN. On January 5, 2020, a Z&D Tour Bus carrying 59 passengers on board rolled over on the Pennsylvania Turnpike in...more
Somerlot v. Jung, 2025 Pa. Super. 166 (July 30, 2025) - The Superior Court of Pennsylvania affirmed the order of the Philadelphia County Court of Common Pleas, sustaining preliminary objections of the defendant-physician and...more
Defendants – five oil and gas operators – challenged a venue selection clause requiring that suits be filed in Nueces County for disputes over La Salle County acreage. In In re INEOS USA Oil & Gas LLC, a Texas Court of...more
In a recent update, we analyzed the landmark decision by the U.S. Court of Appeals for the Ninth Circuit in Harrington v. Cracker Barrel Old Country Store, Inc., which clarified the limits of personal jurisdiction in Fair...more
Mendoza-Colon v. Luscomb, Inc., 2025 PA Super 83 (Pa. Super. Apr. 10, 2025) - On appeal, the Superior Court of Pennsylvania vacated and remanded a trial court’s transfer of venue order, holding that the trial court had...more
A federal court in Wisconsin recently transferred a franchisor’s breach of contract lawsuit to Indiana, the location of the franchisee, even though the parties’ supply agreement contained a Wisconsin forum selection clause....more
Where the Operative Facts Occurred - In assessing this primary factor, courts have looked to the location of defendant’s principal place of business, where the ANDA application was prepared, and where the ANDA product was...more
The post-pandemic litigation environment has seen a rising desire to conduct depositions remotely and a diminishing opposition to remote proceedings. Where litigators do insist on in-person proceedings, those cases are...more
Since the early 2000s, Texas district courts have been battling to maintain their status as the premier venue for filing patent lawsuits. At one point, 43% of all patent infringement cases in the United States were filed in...more
This month’s Friday Five explores decisions from around the country discussing differences between the scope of discovery and ability to add documents to the record on a claim for review challenging the denial of LTD...more
On January 1, 2023, the Supreme Court of Pennsylvania unraveled a 20-year venue rule applicable to medical professional liability cases. Under the previous venue rule, a medical professional liability action may be brought...more
Brooks v. Griffy, No. 22 CV 3250, 2023 WL 6880248 (Pa.Com.Pl. Oct. 18, 2023) - In support of their forum non conveniens transfer request, the defendants submitted affidavits from the driver of the tractor-trailer and the...more
Efforts by defendants to challenge venue in Philadelphia took another backwards step this week when the Superior Court of Pennsylvania reversed a Philadelphia Court of Common Pleas’ order transferring venue to Bucks County....more
The US Court of Appeals for the Federal Circuit vacated a district court order denying transfer, finding that the sources of proof, compulsory process and localized interest factors all favored transfer. In re Honeywell Int’l...more
This month’s Friday Five explores decisions regarding the transfer of an ERISA action that was filed in a state where an insurer did not maintain sufficient minimum contacts, an award of attorneys’ fees, costs, and...more
The U.S. Court of Appeals for the Fifth Circuit recently issued a writ of mandamus transferring a case from the Western District of Texas—a commonly chosen jurisdiction for patent infringement lawsuits—to the Northern...more
It is not uncommon for plaintiffs based in the United States to bring claims against foreign parties in U.S. federal courts to obtain a favorable venue and avoid any bias in foreign courts in favor of local defendants. A...more
Since the Supreme Court of Pennsylvania’s August 25, 2022, order changed the venue rules in medical malpractice cases—from requiring that cases be filed “only in a county in which the cause of action arose” to applying the...more
Last week, the Supreme Court of Pennsylvania issued yet another opinion making it easier for plaintiffs to choose preferred venues to sue corporations. Continuing a trend that has emerged over the last several years, the...more
On October 4, 2023, the Joint Panel on Multidistrict Litigation (JPML) issued a Transfer Order consolidating certain actions relating to a vulnerability in Progress Software’s MOVEit file transfer software which was exploited...more
Earlier this year, the U.S. District Court for the Western District of Oklahoma granted Washington state’s motion to intervene to transfer venue to the Western District of Washington in James Siegel, M.D. v. Novo Nordisk,...more
From the mid-1990s until the mid-2010s, the EDVA typically ranked among the top 10 federal districts for patent litigation. See Gugliuzza, Paul R. and Anderson, Jonas, Why Do Judges Compete for (Patent) Cases? at 24-25...more
In perhaps the first case addressing transfer of a federal antitrust action to an MDL court, Judge Leonie Brinkema of the Alexandria Division of the EDVA recently denied a motion to transfer an antitrust action against Google...more
We are excited to share Sheppard Mullin’s inaugural quarterly report on key Federal Circuit decisions. The Spring 2023 Quarterly Report provides summaries of most key patent law-related decisions from January 1, 2023 to March...more