The Journey of Litigation
Law School Toolbox Podcast Episode 504: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Bar Exam Toolbox Podcast Episode 306: Spotlight on Civil Procedure (Part 3 – The Civil Lawsuit)
Law School Toolbox Podcast Episode 412: Listen and Learn -- Motions for Summary Judgment
What Litigants Need to Know about Summary Judgment
JONES DAY TALKS®: Tiffany v. Costco Raises Trademark Infringement, Counterfeiting Questions
Patent Infringement: Successful Litigation Stays the "Course"
Podcast: Non-binding Guidance: Examining FDA’s Enforcement Authority Over Stem Cell Clinics and Compounders
K&L Gates Triage: Avoiding the Risks Associated with Mandatory Vaccination Programs
In CFP BDA, LLC v. Superior Court (2025), the California Court of Appeal, Fourth Appellate District, Division Two (Riverside), issued a published opinion that clarifies a recurring procedural dilemma in civil litigation:...more
The Court of Appeal, Fourth Appellate District, Division Two (Riverside) in RND Contractors, Inc. v. Superior Court (2025) issued a significant published decision. The California Court of Appeal addressed a previously...more
Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more
A Florida Appeals court ruled that specific findings are required in mortgage foreclosure summary judgments – generic orders are not sufficient. Lenders and foreclosure attorneys must provide detailed, record-based...more
On June 11, 2025, in likely the most significant ruling of the longstanding feud between the social media website, Reddit, Inc., and the founder of its notorious “WallStreetBets” subreddit community, Jaime Rogozinski, the...more
The Fourth Circuit Court of Appeals recently vacated and remanded a District Court opinion that denied qualified immunity to a Charlotte-Mecklenburg Police Officer. In Belton v. Loveridge, the appellate court held the trial...more
In El Dueno, LLC v. Mid-Century Insurance Company (2025 WL 1540329) (10th Cir. 2025)), the Tenth Circuit Court of Appeals affirmed summary judgement on behalf of the insurer on the basis that the insurer did not act in bad...more
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
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more
Addressing a jury’s statutory damages award that surpassed the plaintiffs’ actual damages, the US Court of Appeals for the Eleventh Circuit affirmed the district court’s denial of the defendant’s motion for judgment as a...more
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
On April 29, 2025, the Ninth Circuit Court of Appeals revived the copyright infringement case filed by Sound and Color, LLC against Sam Smith, Normani, and related parties (collectively, “Defendants”) concerning the hit song...more
Jurisdiction: Supreme Court of New York, Appellate Division, First Department - The Supreme Court of New York, New York County, on March 13, 2024, dismissed defendant Long Island Lighting Company from an asbestos action,...more
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
Jordan v. Lynde, 330 A.3d 817 (Pa. Super. Ct. 2024) - The Pennsylvania Superior Court ruled that the trial court abused its discretion by failing to grant the appellants the 30-day response period required under Pa. R.Civ.P....more
The Federal Circuit vacated and remanded the district court’s summary judgement of noninfringement, finding that the lower court had improperly construed the claim term “pull cord.” The district court had erroneously limited...more
As temperatures in the Northeast have made it feel more like winter than spring, it’s only fitting that we begin our April Insurance Update with a case from Alaska. There, the Alaska Supreme Court decides for the first time...more
Welcome to WilmerHale’s bulletin on recent trade secret case law and relevant news items. We’ve affectionately nicknamed it “Readily Ascertainable” because, unlike a trade secret, it should be easy to figure out....more
In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more
An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more
A unique aspect of practicing before the probate court is the “interested person” concept. Someone who qualifies as an “interested person” is entitled to be served with filings and receive notice of hearings in proceedings...more
IQRIS TECHNOLOGIES LLC v. POINT BLANK ENTERPRISES, INC. Before Lourie, Linn, and Stoll. Appeal from the United States District Court for the Southern District of Florida - The district court erred in construing the term “pull...more
In EE Ltd v. Virgin Mobile Telecoms Ltd, the Court of Appeal upheld the High Court’s decision that EE’s claim against Virgin was excluded under the terms of the parties’ telecommunications supply agreement. While the decision...more
On Feb. 18, in U.S. v. Regeneron Pharmaceuticals, the First Circuit Court of Appeals joined the Sixth Circuit and the Eighth Circuit in holding that, for purposes of establishing that a claim for payment of items or services...more
A recent decision from the U.S. Court of Appeals for the Seventh Circuit offers a welcome measure of protection for employers in overtime claims brought under the Fair Labor Standards Act. The court’s opinion highlights the...more