United States: Court Procedure

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Supreme Court Blocks State Affidavit-of-Merit Laws In Federal Court

The United States Supreme Court has decided that affidavit-of-merit requirements based in state law do not apply in federal courts.

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Illinois Amends Power Of Attorney Law To Better Protect Third Parties From Invalid Documents

On January 1, 2025, Illinois Public Act 103-0994 took effect, amending the Illinois Power of Attorney Act to reduce risk for third parties by ensuring the powers of attorney presented...

United States Litigation

SR

McDermott Will & Schulte

Federal Pleading Standard Prevails: Berk v. Choy Clarifies Rule 8 Supremacy Over State Affidavit Requirements

In more than half of U.S. states, a plaintiff filing a medical malpractice action must submit an "affidavit of merit" or similar document at an early stage of the case.

United States Litigation

GB

Genova Burns

"I Don't Recall": The Sixth Circuit's Recent Victor v. Reynolds Decision And What It Means For Summary Judgment Practice

Last week, the US Court of Appeals for the Sixth Circuit issued a noteworthy decision that a party cannot meet its burden of proof by relying merely on testimony...

United States Litigation

BL

Butzel Long

Early Privilege Protocols: Navigating The 2025 Amendments To Federal Rules 26 And 16

United States Litigation

GT

Greenberg Traurig, LLP

U.S. Supreme Court Rules State Affidavit/Certificate Of Merit Requirements Do Not Apply In Federal Court

United States Litigation

DM

Duane Morris LLP

Supreme Court To Determine Whether The President Can Remove Members Of Multi-Member Federal Agencies

United States Litigation

D

Dykema

Civil Procedure Is Not Technical — It's Determinative

United States Litigation

PL

Patterson Law Firm

First-Ever Procedural Rule Issued For MDLs

United States Litigation

BD

Beveridge & Diamond

New Mass Tort Procedural Rules Have Taken Effect

United States Litigation

KL

Herbert Smith Freehills Kramer LLP

New Federal Rule Will Help Discourage Meritless Claims In Multidistrict Litigation

United States Litigation

JD

Jones Day

Orange County Team Secures Summary Judgment And Recovery Of Costs For Kia America In Hotly Contested Lemon Law Dispute

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

FRCP 16.1 Now In Play For MDLs—Game Changer Or Not?

United States Litigation

CM

Crowell & Moring LLP

Florida Statute § 768.79 Update: Fee-Shifting Penalty Does Not Apply In Attorney Charging Lien Disputes

United States Litigation

L

Losey

Back To School 2025: Title IX Updates And How ADR Can Help Universities Resolve Disputes (Podcast)

United States Litigation

J

JAMS

Beyond Checkmate: Lessons From Chess In The Art Of Mediation

United States Litigation

J

JAMS

Ohio's New E-Verify Workforce Integrity Act: What Construction Employers Need To Know

United States Immigration

Gs

Green and Spiegel

Federal Circuit: Priority Document That 'Broadly Outlines' Possible Structures Fails To Provide Adequate Written Description Support For Subgenus Of Linkers In Antibody-Drug Conjugate

United States IP

AG

Akin Gump Strauss Hauer & Feld LLP

Colorado "Opt-Out" Litigation – Petition For Rehearing En Banc And Amicus Briefs In Support

United States Finance

BS

Ballard Spahr LLP

Illinois Legislature Increases Key Debtor Exemptions Starting On January 1, 2026

On August 19, 2025, the Illinois General Assembly enacted Public Act 1738 (SB 1738), amending several provisions of the Illinois Code of Civil Procedure (735 ILCS 5) to raise debtor exemption limits effective January 1, 2026.

United States Litigation

LL

Lavelle Law

Federal Circuit Denies Challenges To USPTO Director's Discretionary Denial Decisions

On Nov. 6, 2025, the Federal Circuit issued three highly anticipated opinions addressing the USPTO director's discretionary denial decisions in several IPRs.

United States IP

PL

Polsinelli LLP

What Is The Impact Of The Government Shutdown On Divorce Proceedings?

Does the current federal government shutdown impact divorce proceedings? Technically, yes. Here's why.

United States Family

TR

Tully Rinckey

To Err Or Not To Err: Preservation For Appeal

In complex civil trials, attorneys often focus solely on prevailing at the trial court. But the best trial lawyers know that the trial court is but one battleground.

United States Litigation

SJ

Steptoe LLP

Sixth Circuit Reaffirms Privilege Protections During Internal Investigations

United States Commercial

CM

Crowell & Moring LLP

Clarity Over Complexity At Trial (Podcast)

United States Litigation

HK

Holland & Knight

An Introduction To California Appellate Procedure (Podcast)

United States Litigation

LB

Lewis Brisbois Bisgaard & Smith LLP

Filing A Motion In State Court Prior To Removal May Not Constitute Waiver

United States Litigation

BS

Butler Snow LLP

Florida Federal Judge Dismisses President Trump's $15B Lawsuit Against The New York Times

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

How To Handle Service Of Process Effectively (Video)

United States Litigation

OK

Offit Kurman

Illinois Federal Court Dismisses Data Breach Class Action Lawsuit For Lack Of Subject-Matter Jurisdiction

United States Litigation

DM

Duane Morris LLP

Doing The Right Thing: Playing Fair With The Involuntary Pro Se Litigant

United States Litigation

CH

Clark Hill

Ohio Court Ruling Highlights Judicial Discretion To Grant Or Deny American Discovery For Cross-Border Litigation

United States Litigation

TS

Taft Stettinius & Hollister

Beware Of Discovery: Eleventh Circuit Changes Course On Whether Discovery Material Counts On A 9(b) Motion

United States Litigation

AP

Arnold & Porter

Illinois Federal Court Dismisses Data Breach Class Action Lawsuit For Lack Of Subject-Matter Jurisdiction

On August 20, 2025, in Phelps v. Ill. Bone & Joint Inst., LLC, No. 24-CV-08555, 2025 WL 2410341 (N.D Ill. Aug. 20, 2025), Judge Martha Pacold of the U.S. District Court...

United States Litigation

DM

Duane Morris LLP

Doing The Right Thing: Playing Fair With The Involuntary Pro Se Litigant

Abraham Lincoln once famously said that "He who represents himself has a fool for a client." While this statement has been demonstrated to be true more often than not, what happens when...

United States Litigation

CH

Clark Hill

Ohio Court Ruling Highlights Judicial Discretion To Grant Or Deny American Discovery For Cross-Border Litigation

People and businesses located outside of the United States have a powerful tool to discover information, located in the United States, that may assist them with foreign litigation.

United States Litigation

TS

Taft Stettinius & Hollister

Beware Of Discovery: Eleventh Circuit Changes Course On Whether Discovery Material Counts On A 9(b) Motion

efendants moving to dismiss amended complaints under Rule 9(b) often confront the issue of whether a plaintiff can leverage and cite to materials obtained in discovery in order to meet that rule's pleading standards.

United States Litigation

AP

Arnold & Porter

Colorado Supreme Court Clarifies When The Duty To Preserve Evidence Begins

United States Litigation

CH

Clark Hill

Federal Court Issues Order Granting Universal Injunction To A Provisionally Certified Class In New Birthright Citizenship Lawsuit

In the aftermath of the Supreme Court's ruling on June 27 invalidating universal injunctions as the remedy imposed by three federal district courts...

United States Finance

BS

Ballard Spahr LLP

No 93A Claim Without Specifics: Florida Court Dismisses Chapter 93A Allegations Against Liberty Mutual

A recent decision by the United States District Court for the Middle District of Florida highlights the standards necessary for asserting claims under Massachusetts General Laws Chapter 93A...

United States Commercial

GT

Greenberg Traurig, LLP

A Step In The Right Direction For MDLs: New Federal Rule Of Civil Procedure 16.1

MDL defendants should insist that Rule 16.1, properly understood and applied, requires plaintiffs' firms to make early disclosures of basic verifying information about each of their cases.

United States Litigation

MB

Mayer Brown

Supreme Court Limits Use Of Universal Injunctions

Three federal district courts held that the EO is likely unlawful and entered preliminary injunctions prohibiting executive officials from implementing the policy anywhere in the country.

United States Litigation

SJ

Steptoe LLP

Ripple And SEC Seek To Resolve Civil Penalty Dispute With $75M Release To Ripple

United States Litigation

AP

Anderson P.C.

False Start: U.S. Supreme Court Declines To Decide Whether Courts May Certify Damages Classes That Include Uninjured Class Members

United States Employment

SS

Seyfarth Shaw LLP

How To File A Small Claims Court Case In Florida Without A Lawyer

United States Litigation

OL

The Orlando Law Group

Justice Kavanaugh Signals Conservative Vote Toward Imposing A Pre-Certification Standing Requirement Under FRCP 23

United States Litigation

KM

Katten Muchin Rosenman LLP

In Labcorp v. Davis, Supreme Court Passes On Chance To Clarify Issue Of Uninjured Class Members

United States Litigation

BS

Ballard Spahr LLP

Supreme Court Dismisses Cert Petition On Uninjured Class Members As Improvidently Granted

United States Litigation

CM

Crowell & Moring LLP

Enforcing U.S. Judgments In The Far East: Where To Start?

Worldwide Litigation

SS

Seyfarth Shaw LLP

Georgia's Tort Reform Legislation: Key Procedural Changes

United States Litigation

WE

Wilson Elser Moskowitz Edelman & Dicker LLP

Supreme Court Hears Argument About Uninjured Class Members

United States Litigation

CM

Crowell & Moring LLP

Why Plaintiffs' Counsel Have A Right To Explore Juror Bias About Large Verdicts

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

California Supreme Court Takes Up Utility Take-Over Standard Of Review Dispute

United States Litigation

N

Nossaman LLP

Supreme Court's Cornell Decision Sets Low Pleading Bar For ERISA Claims

United States Employment

AO

A&O Shearman

Don't Emphasize The Obvious.

United States Litigation

MH

Markowitz Herbold PC

Podcast - The 3 Core Themes Of Trial Law: Tell Your Story

United States Litigation

HK

Holland & Knight

Sixth Circuit Affirms Post-Polansky Dismissal Of FCA Action

United States Litigation

AP

Arnold & Porter

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Latest Videos

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How To Handle Service Of Process Effectively (Video)

OK

Offit Kurman

In That Case: United States v. Rahimi (Video)

W

WilmerHale

Chevron Overruled: Understanding The Supreme Court's Decision In Loper Bright/Relentless And What It Could Mean For Regulated Communities (Video)

KG

K&L Gates LLP

Pitcoff Law Group's 1st LIVE Session: Preliminary Injunctions 101 (Video)

Pitcoff Law Group

Can Robots Be Sued? (Video)

SH

Shook, Hardy & Bacon

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