The Briefing: The Wrong Argument – Why Authors Lost Against Meta and What Comes Next
Podcast - FTC Commissioner Dismissals: Background and Implications
The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
(Podcast) The Briefing – Late Night, Early Dismissal: The Santos-Kimmel Copyright Case
Fifth Circuit Affirms District Court’s Striking of Class Allegations
Eighth Circuit Reverses Dismissal of Putative Class Claims
Nota Bene Episode 98: The U.S. Supreme Court’s Mark on U.S. Antitrust Law for 2020 with Thomas Dillickrath and Bevin Newman
Class Action Suit Against Instagram for New Terms of Service Dismissed
The US Court of Appeals for the First Circuit affirmed a district court’s dismissal of a copyright lawsuit as time barred, finding that the separate accrual rule does not apply to continuing harm from a single infringing act....more
Judge Naomi Reice Buchwald of the U.S. District Court for the Southern District of New York dismissed SoundExchange's $150 million lawsuit against SiriusXM, finding that the performance rights organization lacks legal...more
Pamela Davis Lyles vs. K&B Louisiana Corporation, et al. In this asbestos action, plaintiff Pamela Davis Lyles alleges asbestos exposure from the daily use of Johnson & Johnson’s Baby Powder and Shower-To-Shower between 1969...more
The Southern District of New York dismissed an action under the Fair Credit Reporting Act (FCRA), finding that there was no private right of action under section 1681s-2(a) for purportedly inaccurate reporting by a furnisher....more
The Sixth Circuit recently delivered a clear message to litigants pursuing claims under the Telephone Consumer Protection Act (TCPA): high call volume alone is not enough. In Fluker v. Ally Financial, Inc., the court...more
On June 20, 2025, the U.S. Supreme Court held that a district court in an enforcement proceeding is not bound by an agency’s pre-enforcement interpretation of a statute. Rather, as the Court held in McLaughlin Chiropractic...more
The U.S. Supreme Court recently reminded district courts that they may use Federal Rule of Civil Procedure 7(a)(7)—a little-known rule—to screen out meritless complaints before discovery....more
A federal Judge for the United States District Court for the Northern District of Oklahoma recently granted the motions of several public entities to dismiss the amended complaint of a pro se plaintiff who brought claims...more
In a recent decision that highlights a key circuit split, Bankruptcy Judge Patricia M. Mayer of the Eastern District of Pennsylvania ruled that equitable powers under Section 105(a) of the Bankruptcy Code cannot be used to...more
A federal district court recently handed plan sponsors their first victory in a string of actuarial equivalence lawsuits filed against large defined benefit pension plans. Although the decision is a positive development for...more
On Tuesday, the Supreme Court decided to review a case that potentially carries far reaching ramifications for litigation under the Telephone Consumer Protection Act (“TCPA”), which places restrictions on phone and fax...more