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Civil Procedure Updates

Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
U.S. Legal Support

Litigation Automation: Streamlining Legal Workflows

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What could you do for your clients if you sliced away a quarter or more of your current day-to-day tasks? A landmark McKinsey study estimated that simply by using existing technology, attorneys could automate roughly 23% (and...more

Burr & Forman

Fourth Circuit Affirms Denial of Class Certification in TCPA Prerecorded Call Case

Burr & Forman on

Davis v. Capital One, N.A., No. 24-1507, 2025 WL 2445880 (4th Cir. Aug. 25, 2025). Background. Defendant made prerecorded calls to Plaintiff, a non-customer, attempting to reach a customer that had provided consent...more

Marshall Dennehey

Appeals Court Reverses Arbitration Ruling, Citing Improper Credibility Determination by Successor Judge

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Metzger v. Strongsville Care Group, LLC (8th Dist.), 2025-Ohio-1732 - On May 15, 2025, the Ohio 8th District Court of Appeals held that when a judge takes over a case for another judge, the successor judge cannot rely on a...more

Franczek P.C.

SpaceX Wins Fifth Circuit Victory; Big Implications for NLRB

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In an August 19, 2025 decision in SpaceX v. NLRB, the Fifth Circuit ruled that the structure of the National Labor Relations Board (NLRB) is likely unconstitutional and upheld three preliminary injunctions preventing the NLRB...more

Marshall Dennehey

Appellate Court Upholds Dismissal and Sanctions After Plaintiff Found to Have Fabricated Premises Liability Claim

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Galusha v. Lowe’s Home Centers, LLC, 408 So.3d 173 (District Court of Appeal of Florida, Fifth District, Apr. 4, 2025) - The plaintiff brought a premises liability action against the defendant, alleging he was injured when...more

Mandelbaum Barrett PC

How Can Defective Product Liability Apply to Automotive Parts in New Jersey?

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When your car’s brakes fail on a busy New Jersey highway or your airbag doesn’t deploy during a collision, a defective automotive part may have caused your injuries rather than driver error. In these cases, defective product...more

Mandelbaum Barrett PC

What Makes Catastrophic Brain Injury Cases Different From Other Personal Injury Claims?

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The moment a traumatic brain injury occurs, everything changes for you and your family. Unlike a broken bone that heals or a cut that leaves a scar, brain injuries create invisible wounds that can permanently alter...more

Marshall Dennehey

Court Grants Summary Judgment, Finding Trivial Tile Height and Lack of Causation in Slip-and-Fall Case

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Klobusnik v. The Carafaro Co. and Cafaro-Peachcreek Joint Venture Partnership, No. 1132-2021, 2025 WL 978886 (Pa. Com. Pl. Jan. 3, 2025) - In support of their motion for summary judgment, the defendant argued that the...more

Marshall Dennehey

Federal Court Dismisses Negligent Entrustment Claim as Speculative and Lacking Factual Support

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Uslu v. Evans, 24-CV-5482, 2025 WL 378919 (E.D. Pa. Jan. 31, 2025) - This case involved a vehicle owned by the co-defendant that allegedly rear-ended the plaintiff’s vehicle. The plaintiff brought action against the...more

Mayer Brown

Revisiting the State of the Law in ERISA Forfeitures Cases

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On July 14, 2025, we published a detailed Legal Update describing the state of the law with respect to the ongoing wave of ERISA forfeiture lawsuits. This Legal Update analyzes the material developments that we have seen over...more

BCLP

Tort Reform and Beyond: Key Georgia Legislation Impacting Civil Litigation Since 2022

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Since 2022, the Georgia General Assembly has passed several pieces of legislation providing significant impacts for civil litigation and litigants in the State’s courts. Together, the new laws indicate a legislative trend to...more

Fish & Richardson

Texas Round-Up: July 2025

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The Texas Round-Up for July 2025 covers decisions addressing ex parte temporary restraining orders and preliminary injunctions....more

Fisher Phillips

Employer Impact Guide to the Supreme Court’s 2024-2025 Term: 12 Cases That Reshaped Your Workplace, Industry, or Litigation...

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As the Supreme Court prepares for its next term to begin October 6, let’s look back on all the SCOTUS cases from the past year that impacted your workplace, industry, and litigation exposure. Here’s a quick guide to 12 times...more

Shook, Hardy & Bacon L.L.P.

Illinois Expands Jurisdiction and Regulation of PFAS

On August 15, Illinois Gov. JB Pritzker signed nearly 270 bills into law, including legislation expanding jurisdiction for claims of exposure to “toxic” substances, as well as two new laws regulating the use of PFAS. In a...more

Bradley Arant Boult Cummings LLP

Exhaustion of Remedies: Owner Defeats Subcontractor’s Unjust Enrichment Claim

A federal judge in Oregon has tossed a subcontractor’s unjust enrichment or “quantum meruit” claim against the owner because the subcontractor did not first exhaust its contractual remedies against the contractor. Exhaustion...more

Marshall Dennehey

Pennsylvania Supreme Court Reverses Dismissal, Finds Co-Owner Without Control Not an Indispensable Party in Premises Liability...

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Simone v. Alam, 333 A.3d 359 (Pa. 2025) - On appeal, the Supreme Court of Pennsylvania reversed and remanded the Superior Court’s motion to dismiss order in a premises liability negligence case on the basis that the...more

Marshall Dennehey

Superior Court Reverses New Trial, Finds Expert Testimony Objection Waived by Failure to Re-Raise at Trial

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E. Wingate and R. Davis v. McGrath, 2879 EDA 2023, 2025 WL 1090887 (Pa. Super. Apr. 10, 2025) - On appeal, the Superior Court of Pennsylvania reversed an order granting a new trial and remanded the case for entry of judgment...more

DLA Piper

California Supreme Court Clarifies FAA Preemption, Relief From Forfeiture in Arbitration Fee Disputes

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The California Supreme Court issued its decision, on August 11, 2025, in Hohenshelt v. Superior Court (Golden State Foods Corp.), S284498, addressing whether the Federal Arbitration Act (FAA) preempts California’s statutory...more

Mandelbaum Barrett PC

Are Dog Owners Strictly Liable for Bites and Attacks in New Jersey?

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When a dog suddenly attacks and bites, an innocent interaction can turn into serious injuries. Beyond the immediate physical trauma, questions may arise about who is responsible and if your medical bills will be covered. With...more

Marshall Dennehey

Superior Court Affirms New Trial in Zoo Injury Case Due to Omission of Open and Obvious Doctrine in Jury Instructions

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Janick v. Zoological Society of Philadelphia, 2025 PA Super 90 (Pa. Super. Apr. 22, 2025) - On appeal, the Superior Court of Pennsylvania affirmed a trial court’s granting of a new trial after recognizing it erred in failing...more

Marshall Dennehey

Superior Court Vacates Venue Transfer, Orders Discovery on Defendant’s Business Activities in Original County

Marshall Dennehey on

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

Farrell Fritz, P.C.

Who’s Covered? Commercial Division to Clarify Its Role in Insurance-Coverage Cases

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Consistent with the Commercial Division Advisory Council’s (“Advisory Council”) mission – i.e., to ensure that the Commercial Division serves as a globally-recognized forum for the adjudication of complex commercial disputes...more

JAMS

[PODCAST] JAMS CEO Kim Taylor Joins Cup of Justice Podcast to Discuss Mediation and Arbitration

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Kimberly Taylor, CEO and President of JAMS, recently appeared on the Cup of Justice podcast, hosted by investigative journalist Mandy Matney and attorney Eric Bland. Known for its candid conversations and exploration of the...more

Quinn Emanuel

DExiting to Nevada?

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A growing number of U.S. companies have begun reconsidering Delaware as the default state of incorporation in a phenomenon dubbed “DExit.” Historically, Delaware has been the preferred jurisdiction for public and private...more

Quinn Emanuel

Patent Trial and Appeal Board Issues New Guidance Regarding Use of "General Knowledge" in IPR Petitions

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On July 31st, the Patent Trial and Appeal Board ("PTAB") issued a three-page memorandum stating that it will “enforce and no longer waive the requirement of 37 C.F.R. § 42.104(b)(4).”...more

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