United States: 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
Federal Circuit Distinguishes Patent Eligibility Among Different Communications Systems Claims
The Federal Circuit recently reviewed a patent infringement case involving communication systems that use non-uniform satellite constellations to transmit digital information. While the lower court had granted summary judgment on patent eligibility and found infringement, the appellate court reached a split decision on the validity of the patents. The case highlights the ongoing challenges in determining patent eligibility under the Alice framework, particularly for claims involving mathematical concepts ve
United States IP
FH
Finnegan, Henderson, Farabow, Garrett & Dunner, LLP
Article
Facing An ADA Title III Lawsuit? A Practical Guide To Defense Strategies
In 2025, ADA Title III lawsuits against private businesses surged to over 8,600 federal filings—more than triple the 2013 total. For businesses and defense counsel facing these claims, understanding the statutory framework, identifying key jurisdictional and substantive defenses, and developing a strategic response can mean the difference between a costly protracted battle and an efficient resolution that limits both remediation costs and attorney's fee exposure.
United States Litigation
DW
Dickinson Wright PLLC
Article
“Can They Search My Phone At The Airport?” U.S. Court Of Appeals Issues Decision On “Border” Cellphone Searches
The Second Circuit Court of Appeals ruled that federal officers may manually search travelers' cellphones at international airports without a warrant, probable cause, or reasonable suspicion. The decision in United States v. Alisigwe establishes broad border-search authority while leaving unresolved whether more sophisticated forensic examinations require individualized suspicion of wrongdoing.
United States Criminal
BB
Baker Botts LLP
Article
Tariff Recovery Litigation: IEEPA Phase III Refunds Begin, While IEEPA’s Successors Come Under Fire And Some Consumer Cases Are Centralized
Following the Supreme Court's invalidation of IEEPA tariffs, the Court of International Trade has opened Phase 3 of its refund system, allowing importers with finally liquidated entries to recover duties through individual litigation. Meanwhile, the successor tariff regimes under Sections 122 and 301 face their own legal challenges, with courts examining whether these alternative authorities provide valid grounds for the administration's trade restrictions.
United States International
CL
Carter Ledyard & Milburn
Video
How Expert Testimony Becomes A Strategic Advantage (Video)
Expert testimony in complex litigation often determines case outcomes long before trial. Success depends on four critical decisions: selecting experts who can teach rather than lecture, preparing them to withstand cross-examination, connecting technical findings to quantifiable business damages, and maintaining narrative consistency across all case documents and insurance submissions.
United States Litigation
TS
Taft Stettinius & Hollister
Article
Pepsi Case Could Reshape How Courts Judge Trademark Strength
A U.S. Supreme Court review of Rise Brewing's trademark infringement case against PepsiCo could fundamentally alter who determines brand strength in trademark disputes. The case examines whether judges or juries should assess trademark distinctiveness, with implications for how businesses select and enforce their marks. Existing marks and registration statements may significantly impact a company's ability to protect its trademark rights.
United States IP
MG
Marshall, Gerstein & Borun LLP
Article
I’m Still Standing...yeah, Yeah, Yeah: New York Reaffirms Limits On Mortgage Acceleration
A New York court examines whether a mortgage foreclosure action dismissed for lack of standing validly accelerated the loan debt, determining the application of statute of limitations rules when the original plaintiff lacked authority to bring suit. The decision addresses competing interpretations of CPLR §213(4)(b) and establishes precedent for when lenders may claim a mortgage was not validly accelerated.
United States Real Estate
HL
Hogan Lovells Cadwalader
Article
Satius Holding v. Samsung Electronics: Impossible Claims Can Still Be Definite—But Lack Enablement
The Federal Circuit's decision in Satius Holding v. Samsung Electronics addresses a critical question in patent law: can a claim limitation describing a scientific impossibility still be considered definite? The court's analysis distinguishes between indefiniteness under 35 U.S.C. § 112(b) and enablement under § 112(a), establishing that while impossible claims may clearly define their scope, they necessarily fail to enable what cannot be made or used. This ruling has significant implications for
United States IP
BI
Buchanan Ingersoll & Rooney PC
Article
Federal Circuit Affirms Patent Invalidity Where Inventorship Error Cannot Be Corrected Under 35 U.S.C. §256
The Federal Circuit has ruled that patents cannot be saved when an undisputed joint inventor is omitted and cannot be added due to inability to provide required notice. This case of first impression establishes that omitted coinventors are "parties concerned" under 35 U.S.C. § 256(b), entitled to notice regardless of economic interest, and that failure to satisfy this statutory requirement results in patent invalidity even when all parties agree on inventorship.
United States IP
OM
Oblon, McClelland, Maier & Neustadt, L.L.P
Article
Online Mock Trials vs. In-Person Mock Trials: Which Is Right For Your Case?
Mock trials offer trial teams critical insights into juror attitudes and case strategy, but choosing between online and in-person formats requires careful consideration of research goals, case complexity, and available resources. Each format presents distinct advantages: online mock trials provide cost-efficiency and broader participant access, while in-person sessions deliver courtroom realism and deeper behavioral observations.
United States Litigation
IMS Legal Strategies
Article
Section 362(c)(3)(A): A "Textual Dumpster Fire" for Serial Filers
A federal district court in Illinois has weighed in on a critical circuit split over bankruptcy's automatic stay termination in serial filing cases. When debtors file bankruptcy twice within one year, does the 30-day stay termination apply only to the debtor and their property, or does it extend to the entire bankruptcy estate? The Northern District of Illinois adopted the majority view while calling the statutory language a "textual dumpster fire" in need of congressional or Supreme Court intervention.
United States Insolvency
Aa
Adams and Reese
Article
Outsized Verdicts Persist In Florida Despite Tort Reform: What Businesses And Insurers Need To Know
Florida juries continue to deliver multimillion-dollar verdicts in personal injury cases despite 2023 tort reform efforts, with non-economic damages now routinely exceeding medical expenses by factors of 20 to 180 times. Corporate defendants in transportation, hospitality, and insurance sectors face unprecedented exposure as plaintiffs' attorneys successfully leverage anchoring arguments and juror sympathy to secure outsized awards. How should businesses and insurers recalibrate their risk management strate
United States Litigation
Aa
Adams and Reese
Podcast
Meeting Jurors Where They Are: Effective Trial Communication | Episode 95 (Podcast)
Effective trial communication requires attorneys to make complex information understandable, establish credibility, and give jurors a story they can follow and remember. In this IMS Insights Podcast episode, Senior Jury Consulting Advisor Keith Pounds, PhD, speaks with Maggie Mendenhall Casey, Deputy General Counsel for the City of Chicago and 2025 recipient of the Earl B. Dickerson Award, about what it takes to communicate effectively in the courtroom.
United States Litigation
IMS Legal Strategies
Article
HOLDING COMPANY HOLDS ITS GROUND: N.D. Alabama Grant’s USHealth Group’s Motion To Dismiss For Lack Of Personal Jurisdiction
A federal court in Alabama dismissed a parent holding company from a TCPA lawsuit, ruling that settlement negotiations via email do not establish personal jurisdiction and that corporate separateness remains defensible when subsidiaries operate independently. The decision clarifies important boundaries for jurisdictional discovery and agency theories in telecommunications litigation.
United States Litigation
Troutman Amin LLP
Article
Middle District Of Florida Grants Motion To Dismiss Nine Figure False Claims Act Lawsuit
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.
United States Criminal
TS
Taft Stettinius & Hollister
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