Worldwide: Litigation, Mediation & Arbitration

For hundreds of years, the world’s sovereign nations refused to allow any other foreign sovereign to be sued in their courts without the sovereign’s consent. The guiding principle was “absolute sovereign immunity,” an outgrowth of the ancient legal precept rex non potest peccare, understood to mean “the king can do no wrong.” The principle also was recognized as wise foreign policy because it extended "grace and comity" to other sovereigns.

The U.S. Supreme Court's April 22, 2026, decision in Hencely v. Fluor Corp. rejected the recent expansion of the government-contractor defense for private contractors working on certain federal projects...

Recent Supreme Court decisions have fundamentally reshaped the legal protections available to government contractors facing tort claims and civil litigation. The Court's rulings in GEO Group v. Menocal and Hencely v. Fluor Corp. have narrowed the scope of contractor immunities and eliminated key procedural advantages, forcing contractors to reassess their risk exposure when performing work under federal contracts.

A unanimous U.S. Supreme Court decision has eliminated a key legal defense for freight brokers, forwarders, and 3PLs, exposing them to direct liability for negligent carrier selection under state tort law.

A federal district court in Utah ruled that a liability insurer had no duty to defend toxic exposure and misrepresentation claims under commercial general liability, umbrella, and employment practices liability policies...

On April 24, the en banc U.S. Court of Appeals for the Sixth Circuit decided Clippinger v. State Farm Auto. Ins. Co., 173 F.4th 817. By a vote of 10-7, the court ruled that an insurance dispute about the valuation of totaled cars cannot proceed as a class action.

The litigation privilege doctrine serves as a powerful shield protecting participants in judicial proceedings from civil liability for their statements and testimony. Understanding when and how this privilege applies can mean the difference between a successful defense and prolonged litigation, as it operates as a complete bar to derivative lawsuits based on prior court proceedings.

The Supreme Court’s 2025 decisions signaled a more regulator-friendly view of the internet—upholding laws on age verification and foreign-owned platforms under intermediate scrutiny, even where speech is burdened.

The Massachusetts Supreme Judicial Court held in Sabatini v. Knouse that a student sexually harassed in an academic setting may sue the individual perpetrator directly under G. L. c. 214, § 1C, not just the educational...

The use of artificial intelligence by lawyers to conduct legal research appears to be a runaway train. Notwithstanding the widespread reporting of several cases in which even highly regarded international law firms...

A unanimous U.S. Supreme Court decision has eliminated a key legal defense for freight brokers, forwarders, and 3PLs, exposing them to direct liability for negligent carrier selection under state tort law.

An Illinois appeals court reversed a $7 million personal injury verdict against the Chicago Housing Authority, ruling the agency owed no legal duty to a plaintiff shot by an independent contractor's security guard.