United States: Court Procedure

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

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

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.

The United States Supreme Court will consider whether federal courts sitting in diversity jurisdiction should apply Delaware's "affidavit of merit" statute—essentially requiring a report from a healthcare provider...

In a unanimous and notable decision, the Supreme Court in BLOM Bank SAL v. Honickman reaffirmed the strict threshold imposed by Federal Rule of Civil Procedure 60...

In catastrophic injury cases, corporate defendants and insurers follow a familiar playbook, animated by an institutional imperative to minimize financial exposure...

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.

You don't need to point out the obvious to a court. You especially don't need to belabor the point.

In this episode of "The Trial Lawyer's Handbook" podcast series, litigation attorney Dan Small emphasizes the vital role of storytelling in trials.