Worldwide: 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.
Article
Is This Packaging A Trick Or A Treat?
A federal court in Florida dismissed a false advertising lawsuit against Hershey over Reese's Peanut Butter Pumpkins packaging that showed carved jack-o-lantern faces, while the actual products lacked these decorative features. The court ruled that consumers failed to demonstrate concrete economic injury, finding their claims amounted only to subjective disappointment rather than actionable harm.
United States Media & IT
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Frankfurt Kurnit Klein & Selz
Article
2nd Circ. Tylenol MDL Ruling Clarifies Court Gatekeeper Role
The U.S. Court of Appeals for the Second Circuit has entered the contentious debate over how rigorously district courts should scrutinize expert testimony under Rule 702 and Daubert standards. In a precedential opinion addressing expert admissibility in acetaminophen litigation, the appellate court sought to define the boundaries between a judge's gatekeeping role and improperly deciding scientific disputes that belong before a jury.
United States Litigation
LS
Lowenstein Sandler
Article
WAITING, WAITING, WAITING: A California Federal Court Stays Another Claim Pending The California Court Of Appeal’s Decision On CIPA § 638.51.
A California federal court has granted another stay in a CIPA § 638.51 case, halting proceedings until the California Court of Appeal determines whether the statute applies to internet communications or is limited to telephonic technology. The decision in Dominique Nelson v. Reddit Inc. follows a pattern of similar stays as courts await clarity on this pivotal jurisdictional question.
United States Litigation
Troutman Amin LLP
Article
Critical Components To Effective Early Investigation Of Retail And Hospitality Premises Claims
Retail and hospitality premises claims require swift action to preserve critical evidence before it disappears. What investigative strategies can defense counsel employ to capture surveillance footage, witness statements, and scene documentation before memories fade and conditions change? This comprehensive guide explores three essential components of early investigation that can make or break a successful premises liability defense.
United States Litigation
DE
Drew Eckl & Farnham, LLP
Article
No Surprises Act: Developments In Litigation And Federal Reporting, Upcoming Operational Changes
The federal No Surprises Act continues to evolve through significant litigation outcomes, new regulatory guidance, and operational changes affecting healthcare providers, insurers, and arbitration entities. Recent developments include a Fifth Circuit ruling on qualifying payment amount calculations, congressional scrutiny of independent dispute resolution entities, and upcoming transitions to a centralized IDR Gateway platform that will fundamentally change how payment disputes are managed and resolved.
United States Litigation
SR
McDermott Will & Schulte
Article
Northern District Of California Dismisses Putative Securities Class Action Against Value Grocery Retailer Without Prejudice
A federal district court dismissed a securities class action against a value grocery retailer and its executives, finding that plaintiffs failed to adequately allege false statements, scienter, or loss causation related to the company's troubled enterprise resource planning system transition. The court distinguished this case from similar software rollout litigation by emphasizing that defendants disclosed issues throughout the transition rather than concealing known problems.
United States Litigation
AO
A&O Shearman
Article
Navigating Legal Protections In The Time Of Generative AI
Generative AI tools have become ubiquitous in business and legal practice, but their relationship with legal privilege protections remains largely unexplored. Recent court cases reveal how attorney-client privilege and work product doctrine apply when AI chatbots are involved in litigation preparation. Understanding these emerging legal boundaries is crucial for business leaders who use AI tools to explore sensitive matters that could become relevant in future lawsuits.
United States Litigation
C
Caldwell
Article
Could Changing One Rule Of Evidence Change The Outcome Of Child Sex Abuse Cases In New York?
New York's outdated evidence rules make it nearly impossible for child sexual abuse survivors to prove their cases in court. By requiring prior consistent statements to predate a "motive to lie" and limiting their use only when explicit accusations of dishonesty arise, the state's legal framework contradicts modern understanding of trauma disclosure. Could adopting federal evidence standards finally give survivors a fair chance at justice?
United States Criminal
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Sanford Heisler Sharp McKnight
Article
(Updated) Inside Baseball: Business Dispute Limits Youth Baseball Events & Highlights The Importance Of Proper Business Planning
A King County Superior Court's injunctive relief ruling in a youth baseball business dispute has temporarily shut down Top Tier Sports' operations in Washington State through July 2027. The court found the defendants liable for breach of contract, misappropriation of trade secrets, and other claims after former employees of Elysian One launched a competing league. This case demonstrates the far-reaching consequences of violating non-compete and non-solicitation agreements, with implications extending beyond
United States Litigation
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Beresford Booth
Article
Finding A Lack Of Bona Fide Use, TTAB Affirms Cancellation Of Everwise Credit Union Registration Under The Lanham Act’s Reexamination Procedure
The Trademark Trial and Appeal Board's precedential decision in In re Everwise Credit Union examines whether a credit union's use of its mark constituted bona fide commercial use or merely token use designed to reserve trademark rights. The case centers on whether Everwise Credit Union had actually used its mark in commerce by the deadline to file its Statement of Use, or whether the mark's appearance on its website was simply a placeholder for a future rebrand that occurred two months later.
United States IP
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Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
Federal Circuit Vacates Injunction Over Claim Construction
The Federal Circuit vacated a preliminary injunction in a patent infringement case after determining that the district court misconstrued two critical claim terms—'backplate' and 'pin'—in its likelihood-of-success analysis. The appellate court rejected both parties' proposed constructions for 'backplate' and held that 'pin' should carry its plain and ordinary meaning rather than being subject to means-plus-function interpretation.
United States IP
LD
Lerner David
Article
The Ninth Circuit Affirms Dismissal Of DMCA CMI Removal Claim Against AI Code Generator – Output Is A New Work Not A Copy Of Training Data
There was a significant ruling in the Doe v. Github case involving training of AI code generator models on open source. The United States Court of Appeals for The Ninth Circuit affirmed the district court ruling dismissing part of an action brought under the Digital Millennium Copyright Act (“DMCA”) by programmers against GitHub, Inc., and other defendants. The issues centered on whether defendants removed copyright management information (CMI) from content used to train the AI code generator models.
United States IP
SM
Sheppard, Mullin, Richter & Hampton LLP
Article
NOT OUR SPAM: Court Dismisses CA Anti-Spam And CIPA Tracking Pixel Class Action Against Massachusetts Insurance Company For Lack Of Jurisdiction
A California federal court dismissed a class action lawsuit against a Massachusetts insurance company over alleged spam emails and tracking pixels, ruling that the company lacked sufficient ties to California to establish personal jurisdiction. The plaintiff claimed she received deceptive marketing emails and had tracking technology installed on her device, but the court found the emails originated from an unauthorized third-party marketer with no connection to the defendant. The decision highlights the jur
United States Litigation
Troutman Amin LLP
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