United States: Court Procedure

Subscribe
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
YOU MOVED? WELL, YOUR LAW DID NOT: Article III Standing Limits Survive Venue Shifts In Consumer Tracking Litigation
A federal court in New York dismissed a California consumer tracking class action on standing grounds after the case was transferred from the Northern District of California, finding that device identifiers, email addresses, and even Venmo transaction data failed to establish concrete injury under Second Circuit precedent. The ruling demonstrates how venue transfer can fundamentally alter the legal landscape of privacy litigation, as the court applied stricter Second Circuit standing requirements rather tha
United States Litigation
Troutman Amin LLP
Article
Seeking To Recuse A Judge Is Risky, But At Times, It’s A Risk That Must Be Taken
Judicial recusal in Texas litigation presents a high-stakes dilemma for parties questioning a judge's impartiality. While successfully removing a presiding judge is rare, Texas law provides specific grounds for recusal when circumstances would cause a reasonable observer to doubt judicial neutrality, balancing the need for impartial tribunals against judges' authority to make difficult decisions.
United States Litigation
BS
Butler Snow LLP
Article
“A Word” About The Precedential Effect Of Older Michigan Court Of Appeals Decisions
The Michigan Court of Appeals recently clarified an important distinction in legal precedent: published decisions issued before November 1, 1990, while not mandatory under MCR 7.215(J)(1), remain binding precedential authority under stare decisis principles. This guidance addresses a common misconception among practitioners who may undervalue older published opinions compared to newer unpublished ones, when in fact the opposite is true under Michigan court rules.
United States Litigation
DW
Dickinson Wright PLLC
Article
The CSC Is Investigating: What Its New NIL Enforcement Memo Means For Institutions
The College Sports Commission has released a memorandum detailing how its Department of Investigations is enforcing name, image, and likeness rules, revenue sharing, and roster limits. A recent judicial ruling has also addressed the scope of the CSC's authority to investigate NIL arrangements involving multimedia rights companies and third-party brand sponsors, raising critical questions about institutional compliance obligations.
United States Employment
CM
Crowell & Moring LLP
Article
Texas Business Court Clarifies Derived Judicial Immunity For Court-Appointed Receivers
A Texas Business Court examines the boundaries of derived judicial immunity for court-appointed receivers and the entities they create, addressing whether immunity survives appellate reversal and extends beyond the receiver personally. The decision clarifies when post-closing litigation against receivers may be barred and what parties must plead to overcome immunity defenses.
United States Litigation
GT
Greenberg Traurig, LLP
Article
By The Numbers: The Texas Supreme Court’s 2025–26 Term
The Texas Supreme Court concluded its 2025-26 term with 143 opinions resolving 110 cases, marking a notable increase in separate writings compared to prior terms. This comprehensive statistical analysis examines case distribution across courts of appeals, timing metrics, subject matter trends, and reversal rates, revealing shifts in the Court's docket management and opinion-writing patterns.
United States Litigation
BB
Baker Botts LLP
Article
Federal Circuit Confirms § 112(a) Support Required For A Reference’s Provisional Prior-Art Date
The Federal Circuit's decision in Dental Monitoring SAS v. Align Technology, Inc. establishes that a published patent application can only claim its provisional's filing date as prior art if the provisional provides written description support under § 112(a) for at least one claim. This ruling overturns the PTAB's more lenient "ministerial" standard and creates significant implications for both patent prosecution and inter partes review proceedings.
United States IP
KG
K&L Gates LLP
Article
The Fifth Circuit Reframes The Copyright "Server Test" With A "Transmit Requirement"
The Fifth Circuit has rejected the Ninth Circuit's long-standing "server test" for copyright infringement, fundamentally reshaping how courts evaluate whether embedding or in-line linking to content constitutes unlawful display. In a certified question from Mississippi, the panel established a new two-part framework focusing on transmission origin and permission, potentially exposing website operators to liability even when content remains on the original owner's server.
United States IP
JW
Jones Walker
Article
Fourth Circuit Rejects FCC Effort To Shield Bureau-Level Decisions From Judicial Review And Sets Aside “Lowest Unit Charge” Rate Guidance
A federal appeals court has ruled that FCC Bureau-level decisions can be judicially reviewed even without full Commission action, while simultaneously striking down guidance that would have expanded mandatory discounted advertising rates beyond candidates to include joint fundraising committees and political party coordinated expenditures. The decision challenges the FCC's increasing practice of delegating substantive policy decisions to its Bureaus while shielding those decisions from immediate judicial sc
United States Media & IT
MB
Mayer Brown
Article
Southern District Of New York Grants Motion To Dismiss Securities Class Action Against Connected Fitness Company On Remand
A federal judge dismissed securities fraud claims against a fitness company and its executives, finding that plaintiffs failed to demonstrate the company knowingly misled investors about inventory levels and pricing decisions during the COVID-19 pandemic. The court determined that the more compelling inference was that management genuinely believed their inventory strategy would meet anticipated demand, rather than intentionally concealing excess stock.
United States Litigation
AO
A&O Shearman
Article
Pleading Your Case Without Giving Away The Store: Surviving A Motion To Dismiss In Trade Secret Cases
A recent Northern District of Texas ruling demonstrates how trade secret plaintiffs can successfully navigate the pleading stage paradox of describing confidential information with sufficient particularity to survive dismissal without revealing the secrets themselves. The decision provides a practical three-part framework for identifying trade secrets by category, offering document-level examples, and describing confidentiality measures that courts will accept at the motion to dismiss stage.
United States IP
SM
Sheppard, Mullin, Richter & Hampton LLP
See more

Latest Videos

See more