North America: Litigation, Mediation & Arbitration

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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
Supreme Court Delivers Good News For Victims Of Negligently Selected Trucking Brokers
On May 14, 2026, the United States Supreme Court delivered an important win for truck crash victims and highway safety. In Montgomery v. Caribe Transport II, LLC, the Court unanimously held that federal law does not shield freight brokers from state-law claims when they negligently hire unsafe motor carriers. The ruling reverses the Seventh Circuit and confirms that negligent-hiring claims against brokers fall within the safety exception of the Federal Aviation Administration Authorization Act.
United States Litigation
WL
Walkup, Melodia, Kelly & Schoenberger
Article
NV Supreme Court Vacates $5.5M Judgment Over Excluded Medical Records
This website uses cookies and similar technologies to enhance site functionality, analyze performance, and deliver personalized content and advertising experiences. Users maintain control over cookie preferences across different categories, with the ability to modify settings and review detailed information about data handling practices, third-party involvement, and individual privacy rights.
United States Litigation
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
Appeal Court Confirms Class Action Plaintiffs Cannot Elect Disgorgement To Sidestep The Need For Evidence Of Loss
The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
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Litigation Dispute Resolution
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Enforcement of Foreign Judgments

Highlighted Content

Disclosure & Electronic Discovery & Privilege

Article
Oregon State Court Civil Discovery: No Interrogatories, No Routine Expert Reports. Litigate Accordingly.
Oregon's civil discovery rules diverge sharply from federal practice by eliminating interrogatories and generally prohibiting compelled pretrial disclosure of retained expert testimony. Understanding these procedural differences and adapting discovery strategy accordingly can mean the difference between building a winning record and discovering critical gaps too late to address them.
United States Litigation
HS
Harris Sliwoski
Article
Spoliation: What Litigants Need To Know About Preserving Evidence
The Supreme Court of Canada has clarified the legal test for spoliation, establishing a four-part framework that litigants must understand when preserving evidence. This doctrine, rooted in ancient Roman law, creates a mandatory presumption against parties who intentionally destroy or suppress relevant evidence, with courts now empowered to impose severe but proportionate remedies based on the magnitude of the misconduct.
Canada Litigation
AH
Alexander Holburn Beaudin + Lang LLP
Article
Texas Business Court Prohibits Foreign Attorneys From Accessing Protected Documents
The Texas Business Court recently clarified who qualifies as an attorney when dealing with confidential and attorney's eyes only designations in discovery. In a case involving alleged trade secret misappropriation between rival transformer manufacturers, the court examined whether attorneys from India representing the plaintiff in other matters could access protected documents in the Texas state court case...
United States Litigation
JW
Jones Walker
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Professional Negligence

Article
Judgment Day On The Jobsite: Accounting For AI In Construction — From Contract To The Field
As artificial intelligence moves from contract documents onto construction sites, questions of liability, data privacy, and professional responsibility are becoming increasingly urgent. From autonomous equipment and biometric monitoring to AI-driven project administration, the construction industry faces a new frontier of legal risk that existing frameworks may not adequately address.
United States Real Estate
SH
Stites & Harbison PLLC
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Court Procedure

Article
Effective Filing Date Of Provisional And Non-Provisional Application Prior Art
The Federal Circuit vacated a PTAB decision on patent obviousness, establishing that a provisional application must provide written description support for at least one published claim to qualify as prior art under its earlier filing date. This ruling clarifies the requirements for claiming priority from provisional applications and impacts how patent practitioners should approach provisional filing strategies.
United States IP
OM
Oblon, McClelland, Maier & Neustadt, L.L.P
Article
NV Supreme Court Vacates $5.5M Judgment Over Excluded Medical Records
This website uses cookies and similar technologies to enhance site functionality, analyze performance, and deliver personalized content and advertising experiences. Users maintain control over cookie preferences across different categories, with the ability to modify settings and review detailed information about data handling practices, third-party involvement, and individual privacy rights.
United States Litigation
WE
Wilson Elser Moskowitz Edelman & Dicker LLP
Article
Appeal Court Confirms Class Action Plaintiffs Cannot Elect Disgorgement To Sidestep The Need For Evidence Of Loss
The Ontario Divisional Court has upheld a lower court's decision denying class certification in a data privacy case against Facebook, establishing important boundaries for when disgorgement remedies can be pursued in breach of contract claims. The ruling addresses whether plaintiffs can strategically elect disgorgement to avoid proving compensable loss, and reinforces fundamental prerequisites for class action certification.
Canada Litigation
OH
Osler, Hoskin & Harcourt LLP
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Civil Law

Article
TRACKED AND TRACED?: C.D. Cal. Lets CIPA Claims Against Wayfair Move Forward, But Tosses Pen Register Claim
A California federal court allows CIPA wiretapping claims against Wayfair to proceed based on allegations that third-party tracking tools intercepted user communications before reaching the company's servers. The decision examines whether website tracking technology constitutes illegal interception under California's decades-old privacy statute and whether trap-and-trace device prohibitions apply to modern analytics tools.
United States Litigation
Troutman Amin LLP
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Latest Videos

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