News & Analysis as of

Summary Judgment Standing Appellate Courts

McDermott Will & Schulte

Standing: Don’t get owned by incorrect trademark ownership

The US Court of Appeals for the Second Circuit affirmed a district court’s dismissal of a trademark and unfair competition suit, ruling that the plaintiff did not own the asserted trademark. The Court also held that the owner...more

BCLP

Eleventh Circuit Weeds Out Plaintiffs Who “Manufacture” Article III Standing With Self-Inflicted Harm

BCLP on

On July 18, 2025, the Eleventh Circuit rejected the notion that plaintiffs can “manufacture” Article III standing by identifying “self-inflicted harm” such as “expenditure of money and wasted time to correct an otherwise...more

Pierce Atwood LLP

SJC Confines Zoning Standing Analysis To Actual Proposed Use; Speculation As To Future Uses Is Irrelevant

Pierce Atwood LLP on

Last week, the Massachusetts Supreme Judicial Court (SJC) reversed an Appeals Court panel in a strongly-worded decision concerning abutter standing to appeal a zoning decision, Stone v. Zoning Bd. of Appeals of Northborough...more

Winstead PC

Court Affirmed An Order Removing A Trustee

Winstead PC on

In Richey v. Brouse, the settlor created a special needs trust for her son, who had a mental disability and a seizure disorder that required day-to-day care. No. 03-23-00544-CV, 2024 Tex. App. LEXIS 8842 (Tex. App.—Austin...more

Warner Norcross + Judd

Michigan Court of Appeals Ruling Reflects Certain Probate Court Relief is Limited to ‘Interested Persons’

Warner Norcross + Judd on

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

Carlton Fields

Florida Appeals Court Decisions: Week of January 20-24, 2025

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Isaac Indus v. PDVSA - personal jurisdiction, foreign sovereign immunity, breach of contract - USA v. Schwarzbaum - foreign bank accounts, IRS form FBAR, penalties, Excessive...more

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