United States: Court Procedure

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Litigation law, mediation law, and arbitrage law thought leadership, articles, podcasts, videos and webinars from expert sources across the legal world. Explore insights covering civil law, class actions, dispute resolution, libel and defamation and more in relation to litigation, mediation and arbitration.

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

In Abraham Watkins Nichols Agosto Aziz & Stogner v. Festeryga, No. 23-20337, 2025 WL 2621301 (5th Cir. Sept. 11, 2025), the plaintiff law firm sued its former associate attorney in Texas...

United States Litigation

BS

Butler Snow LLP

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

On Monday, President Trump sued The New York Times, several authors and New York Times reporters, and Penguin Random House for defamation seeking $15 billion dollars in damages.

United States Litigation

FK

Frankfurt Kurnit Klein & Selz

How To Handle Service Of Process Effectively (Video)

Learn the essential steps for completing service of process in legal proceedings.

United States Litigation

OK

Offit Kurman

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

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

Colorado Supreme Court Clarifies When The Duty To Preserve Evidence Begins

United States Litigation

CH

Clark Hill

U.S. Supreme Court To Consider Whether A State Malpractice Statute Applies In Federal Court

United States Litigation

DM

Duane Morris LLP

Decision Alert: Supreme Court Affirms Rule 60(b)'s High Bar To Reopen Final Judgments

United States Litigation

D

Dykema

Voir Dire On Damages In California: Not Just Permitted – It Is Mandatory

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

Article 15-6 Investigations: Should You Talk To The Investigator Without An Attorney Present?

United States Litigation

TR

Tully Rinckey

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

United States Finance

BS

Ballard Spahr LLP

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

United States Commercial

GT

Greenberg Traurig, LLP

Still On The Fence About Hiring A Lawyer? Here's Why Timing Matters (Video)

United States Law Practice

C

Crowley Law LLC

Arbitration Essentials: How To Initiate And Navigate An International Arbitration, Part 2: Hearings

United States Litigation

J

JAMS

Strengthening Your Hiring Process (Video)

United States Law Practice

OK

Offit Kurman

Evolving Challenges In Employment Mediation: Managing Emotions, Shifting Strategies And Legal Trends (Podcast)

United States Employment

J

JAMS

Fair Use In AI Training: What Is Considered "Transformative?" (Podcast)

United States Technology

LB

Lewis Brisbois Bisgaard & Smith 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

In a notable shift toward final resolution, Ripple Labs and the U.S. Securities and Exchange Commission (SEC) have...

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

Seyfarth Synopsis: On June 5, 2025, the U.S. Supreme Court changed course and dismissed the writ of certiorari that it...

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

Supreme Court Hears Argument About Uninjured Class Members

On April 29, 2025, the Supreme Court heard oral argument in Laboratory Corporation of America Holdings, dba Labcorp, v. Luke Davis, et al., No. 22-55873. The Supreme Court had granted a petition for writ of certiorari in the case as to the following question: "[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil Procedure 23(b)(3) when some members of the proposed class lack any Article III injury."

United States Litigation

CM

Crowell & Moring LLP

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

In catastrophic injury cases, corporate defendants and insurers follow a familiar playbook, animated by an institutional imperative to minimize financial exposure through controlling risk by altering the pool of available jurors to those who have preconceived ( and inappropriate ) beliefs against awarding money damages.

United States Litigation

WL

Walkup, Melodia, Kelly & Schoenberger

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

We previously reported on the recent California Court of Appeal district split as to what standard of review should apply in utility takeover condemnation cases as it pertains to more necessary public use challenges.

United States Litigation

N

Nossaman LLP

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

In a decision poised to change the landscape of Employee Retirement Income Security Act of 1974 ("ERISA") litigation, on April 17, 2025, the Supreme Court held in Cunningham et al. v. Cornell University et al. that a claimant alleging that a fiduciary engaged in an interested-party transaction under Section 406 of ERISA is not required to plead that statutory exemptions are inapplicable.

United States Employment

AO

A&O Shearman

Don't Emphasize The Obvious.

United States Litigation

MH

Markowitz Herbold PC

Demystifying The Swamp: Executory Process In Louisiana

Some commentators are predicting that the declining foreclosure rates witnessed in 2024 could begin to trend upward this year.

United States Finance

JW

Jones Walker

Court Denies Abbott's Summary Judgment Motion In Patent Infringement Case: A Lesson In Joinder Rules

In a recent decision from the United States District Court for the District of Massachusetts, the district court denied Abbott Laboratories' motion for summary judgment in a patent infringement case...

United States IP

JM

Jeffer Mangels Butler & Mitchell LLP

The Supreme Court Continues Its Recent Trend Of Rejecting DOJ's Broad Reading Of Federal Criminal Law In Thompson V. United States

On March 21, 2025, the Supreme Court continued its push back on an expansive reading of the federal criminal laws involving fraud and corruption by overturning the false statement conviction of Patrick Daley Thompson. In a unanimous ruling delivered by Chief Justice Roberts, the Court held that the federal statute of conviction, 18 U.S.C. § 1014, which makes it a crime to, inter alia, make a false statement to certain federal agencies does not criminalize misleading statements that are not false

United States Litigation

MB

Mayer Brown

Ninth Circuit Clarifies Amount In Controversy Requirement In Declaratory Judgment Actions Between Insurers And Their Insureds

Plaintiff's counsel often employ a range of strategic tactics to defeat diversity jurisdiction because they view federal court as an unfavorable forum.

United States Litigation

SM

Sheppard Mullin Richter & Hampton

Louisiana State And Local Tax Update – March 29th Ballot On Constitutional Amendments To Proceed

United States Tax

LL

Liskow & Lewis

Expert Testimony & Summary Judgment: A Glitch In The Law

United States Litigation

ML

McCarthy, Lebit, Crystal & Liffman

The Pendulum Of Fintiv In Motion

United States IP

CM

Crowell & Moring LLP

Ensuring The Enforcement Of Federal Rule Of Civil Procedure 65(c) (Trump EO Tracker)

United States Government

AG

Akin Gump Strauss Hauer & Feld LLP

Wynn v. The Associated Press, Et Al.: A Recent Petition For A Writ Of Certiorari Highlights Challenges To New York Times V. Sullivan And Anti-SLAPP Laws

United States Litigation

AV

Axinn Veltrop & Harkrider

Supreme Court Expands Rule 60(b) Relief: Implications For Voluntary Dismissals And Arbitration Challenges

United States Litigation

GT

Greenberg Traurig, LLP

Justices Likely To Stay In ERISA's Bounds On Pleadings

United States Employment

FL

Fennemore

Litigation & Dispute Resolution 2025 – New York

United States Litigation

SJ

Steptoe LLP

Recent Executive Actions On Agency Independence—Not-Quite-Hot Takes For FERC

United States Litigation

JB

Jenner & Block

US Supreme Court Clarifies Availability Of US Forum For Victims Of Foreign State Expropriation

United States Litigation

JB

Jenner & Block

Supreme Court Issues Narrow Reading Of The FSIA's Expropriation Exception In Republic Of Hungary v. Simon

United States Litigation

W

WilmerHale

Recent Changes To The Mississippi Rules Of Civil Procedure

United States Litigation

BS

Butler Snow LLP

Where There's No Waiver, There's No Way

United States Litigation

AO

A&O Shearman

Federal Judge Dismisses Constitutional Claims, Narrowing The Challenge To California's Climate Reporting Requirements

United States Litigation

MP

Manatt, Phelps & Phillips LLP

Eleventh Circuit Axes FCC's One-to-One Consent Rule, Citing Agency Overstep

United States Media & IT

B

Benesch Friedlander Coplan & Aronoff LLP

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Latest Videos

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How To Handle Service Of Process Effectively (Video)

OK

Offit Kurman

In That Case: Alexander V. South Carolina State Conference Of The NAACP (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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