Litigation Law, Mediation Law and Arbitration Law

A Delaware bankruptcy court ruling clarifies that trustees can pursue subsequent transferees in fraudulent transfer cases without naming the initial transferee as a defendant, though they must still prove and avoid the initial transfer. This decision provides critical guidance for vendors and creditors who may face clawback exposure even when the original wrongdoer isn't sued directly.

In contract litigation, damages provisions often do more work than parties expect—and sometimes less than litigants later claim. The First Department’s decision in Gamma USA, Inc. v. Pavarini McGovern, LLC is a useful reminder that courts will read damages limitations by their actual scope, not by their perceived practical effect.

A bankruptcy court in New York conditionally granted a motion to dismiss fraudulent transfer claims, finding that the plaintiff's complaint failed to meet federal pleading standards. The decision examines the requirements for adequately pleading both federal and state fraudulent transfer claims in adversary proceedings.

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.

Recent federal court decisions are reshaping the landscape of personal jurisdiction and enforcement of international arbitration awards following the Supreme Court's landmark ruling in Fuld v. Palestine Liberation Organization. The DC and Ninth Circuits have issued critical opinions clarifying how Fifth Amendment due process standards apply differently than traditional Fourteenth Amendment minimum contacts analysis, particularly in cases involving foreign sovereigns and international arbitration. These deve

The Texas Supreme Court's decision in Paxton v. City of Austin reveals a procedural trap for businesses suing the government: winning the right to be heard can paradoxically freeze the entire case. When governmental defendants challenge a court's jurisdiction and lose, they can immediately appeal, putting all proceedings on hold—potentially for months or years.

A federal court in Florida dismissed a qui tam action against medical device company Theken Companies, ruling that the False Claims Act's first-to-file rule barred the whistleblowers' fraud claims and that the statute's anti-retaliation provision does not cover post-employment conduct. The case involved allegations of over $118 million in fraud damages related to supposed kickback schemes through royalty agreements.

A Colorado federal district court has ruled that text messages do not constitute telephone calls under the TCPA's Do Not Call provision, joining 16 other federal districts in this interpretation. The decision in Radvansky v. 1st Class Medical dismissed claims based entirely on text messages, relying heavily on Seventh Circuit precedent and contemporaneous dictionary definitions from when the TCPA was enacted.

Washington has recently seen an influx of class actions premised on alleged violations of the state’s Commercial Electronic Mail Act (CEMA). The ubiquity of email marketing campaigns has dragged the statute out of obscurity and propelled it to popularity with the plaintiffs’ bar.

In this episode of the JAMS podcast, JAMS neutrals Hon. Robert D. Foiles (Ret.) and Hon. Thomas Drechsler (Ret.) explore how personal injury cases are evaluated, what makes a claim ready for meaningful settlement discussion, and how digital evidence, credibility, and settlement strategy can shape the path to resolution.

Commercial and residential construction projects expose property owners and general contractors to significant risks arising from personal injury, property damage and construction defect claims. Contract documents can help allocate those risks to the responsible parties, while insurance can protect against losses that cannot be avoided or fully transferred. Common risk management tools include contractual indemnity, prevailing-party attorneys’ fees provisions, insurance requirements and early alternative dispute resolution (ADR) clauses.

NERA's 18th annual review reveals significant shifts in asbestos litigation trends, with average claim settlements declining 29% in 2025 after eight years of increases, while dismissal rates rebounded by 20%. The analysis examines comprehensive data from corporate 10-K filings and cancer incidence statistics to provide insights into the evolving landscape of asbestos-related liabilities and their implications for companies, insurers, and legal practitioners.