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Appellate Courts Appeals Business Litigation

Kennedys

Delaware Court of Chancery forum selection clause found enforceable by California Supreme Court, despite depriving plaintiff the...

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Delaware corporations headquartered in California can now successfully move to dismiss investor suits filed in California when the corporations’ governing documents contain forum selection clauses mandating the Delaware Court...more

Whiteford

Client Alert: Assignments of Error: Is That Your Final Answer?

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On July 22, 2025, the Virginia Court of Appeals issued a published order in Sisco v. Holtzman, Rec. No. 024025, clarifying the rules for assignments of error in appellate proceedings. Assignments matter. The Court of Appeals...more

Awatif Mohammad Shoqi Advocates & Legal...

The Dubai Cassation Court's recent ruling on the legal concept of Without Prejudice.

In the UAE, the common law legal principle of without prejudice is usually not applied in onshore courts. This legal concept, which is found in many legal systems, ensures that statements made during settlement discussions...more

Knobbe Martens

Running in Place: When a Running Royalty Is Actually a Lump Sum License

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ECOFACTOR, INC. V. GOOGLE LLC - Before the en banc court, Moore, Lourie, Dyk, Prost, Reyna, Taranto, Chen, Hughes, Stoll, and Stark. Appeal from the United States District Court for the Western District of Texas. A district...more

Carlton Fields

Florida Appeals Court Decisions Week of June 2 - 6, 2025

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U.S. Eleventh Circuit Court of Appeals  - Roth v. Russell - ’34 Act, §16(b) - Sweet Additions v. Meelunie Am - sales contract - USA v. Dubois - Second Amendment, felons with firearms...more

Kohrman Jackson & Krantz LLP

Sixth Circuit Clarifies Jurisdiction Rules for Mixed Action Lawsuits

In a significant federal jurisdiction ruling, the U.S. Court of Appeals for the Sixth Circuit clarified the jurisdictional standards applicable to “mixed actions”—lawsuits that combine requests for both coercive relief (like...more

Frost Brown Todd

You Need Appellate Counsel Sooner Than You Think: Why Hire Appellate Counsel Before Trial vs. After Verdict

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For high-stakes litigation, waiting until after an adverse verdict to engage appellate counsel can be a costly mistake. Traditionally, clients didn’t think about an investment in appellate counsel until after a final...more

Freiberger Haber LLP

Fraud and the Assignment of Lottery Winnings

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A claim for fraud requires “a material misrepresentation of a fact, knowledge of its falsity, an intent to induce reliance, justifiable reliance by the plaintiff and damages.” In First Trinity Life Ins. Co. v. Advance Funding...more

Carlton Fields

Florida Appeals Court Decisions Week of May 26 - 30, 2025

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U.S. Eleventh Circuit Court of Appeals - Hamilton v. US Att’y Gen - immigration... Florida Supreme Court - Tallahassee - In re R Reg Fla Bar - amended rules...more

Allen Matkins

Is There A Contemporaneous Membership Requirement For LLC Inspections?

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The Nevada Limited Liability Company Act provides “a manager” of a limited liability company “shall promptly deliver . . . a copy of the information required to be maintained by paragraphs (1), (2), and (4) of subdivision (d)...more

Carlton Fields

Florida Appeals Court Decisions Week of May 19 - 23, 2025

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U.S. Eleventh Circuit Court of Appeals - Middleton v. Hollywood Reporter - defamation, California limitations - Merritt Island Woodwerx v. Space Coast CU - arbitration - USA v. Doe - immigration, removal, failure to...more

Maynard Nexsen

Alabama Supreme Court Alert - May 2025

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The Alabama Supreme Court issued its weekly release list on Friday, May 9. The opinions of interest to the Alabama business community include the following...more

Clark Hill PLC

New Jersey Appellate Division confirms timing options for filing a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)

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In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more

Winstead PC

Texas Supreme Court To Review Whether A Corporate Trust’s Shareholder Has Standing To Sue On Behalf Of The Trust

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The Supreme Court granted oral argument in In re UMTH Gen. Servs., L.P., 2023 WL 8291829 (Tex. App.—Dallas 2023), wherein a real estate investment trust entered into an advisory agreement with an entity and gave it authority...more

Carlton Fields

Florida Appeals Court Decisions Week of March 31 - April 4, 2025

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U.S. Eleventh Circuit Court of Appeals - Alabama Aircraft v. Boeing - trade secrets, misappropriation, contractual limits - USA v. O’Steen - public official, extortion, currency disclosure - Grippa v. Rubin -...more

Kilpatrick

Georgia appellate court affirms class certification in vehicle booting case

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A Georgia appellate court recently affirmed the grant of class certification in favor of a class of Georgia individuals whose vehicles were booted in locations where no ordinance had been enacted authorizing the booting of...more

Fox Rothschild LLP

Masterclass: North Carolina Supreme Court Explains Error Preservation in the Directed Verdict and JNOV Context.

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Parties must move for a directed verdict to preserve their right to request judgment notwithstanding the verdict (JNOV*) after an unfavorable verdict is returned. Friday’s batch of Supreme Court opinions includes a...more

Mayer Brown

Six Months of the Texas Business Court: Looking Back as Court of Appeals Weighs in on Jurisdiction

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Since opening its doors on September 1, 2024, the Texas Business Court has seen 86 cases1 cross the docket of its five active divisions,2 with the scope of the court’s jurisdiction being a common—and hotly contested—issue. In...more

Kerr Russell

“Materially Altered”: Michigan Court of Appeals Rules That Forum Selection Clause Added to Invoice Can’t be Enforced

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You’re spending your day off on Luna Pier beach in Monroe County, Michigan. You’ll swim in the morning, get lunch at Gander’s Family Restaurant, and rent jet skis in the afternoon. That morning, however, you wake up and...more

Husch Blackwell LLP

FAAAA Circuit Split Remains Unresolved as U.S. Supreme Court Denies Certiorari in Gauthier vs. TQL

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On January 13, 2025, the U.S. Supreme Court declined to grant certiorari in the case of Gauthier vs. Total Quality Logistics, leaving the decision of the Eleventh Circuit Court of Appeals intact. This means that freight...more

Jones Day

The Changing Landscape for Business Disputes in Texas: Justices Named to Inaugural Business Dispute Appellate Court

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On June 11, 2024, Governor Greg Abbott appointed the three inaugural justices for the new Fifteenth Court of Appeals, which will hear appeals from business courts statewide....more

Adler Pollock & Sheehan P.C.

The Devil is in the Details: Waiver, Forfeiture, and the Critical Distinction for Appellate Advocates

Litigators and jurists alike frequently use the terms “waiver” and “forfeiture” interchangeably in federal appellate practice.  However, these are distinct concepts, and a savvy litigator will carefully consider them when...more

Pullman & Comley, LLC

I Filed An Appeal. Is There A Stay? (And What Does That Mean?)

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One of the first questions I receive when chatting with a prospective client or a new client is: “Well, what happens after we file an appeal? Do I have to do what the judgment says I need to do?” My answer, of course, depends...more

Dickinson Wright

Texas' New Business Courts and Court of Appeals

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On June 2, 2023, the Texas 88th Legislature concluded its session and passed two laws that significantly affect the adjudication of select cases. House Bill 19 (HB 19) amended the Texas Government Code and created a statewide...more

Fuerst Ittleman David & Joseph

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

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