United States: Court Procedure

The Seventh Circuit's recent ruling in Moore v. Club Exploria addresses a critical procedural question: can a defendant's conduct before class certification support a finding that it waived its right to compel arbitration? This decision clarifies when companies must assert arbitration defenses in class actions and establishes a new standard of review for waiver determinations. The court's holding that pre-certification conduct is relevant to waiver analysis creates significant implications for corporate lit

The Patent Trial and Appeal Board cancelled over half of instituted claims across IPR and PGR Final Written Decisions from June to July 2026, with significant variation in outcomes across different technology centers. This analysis examines claim survival rates, motion to amend statistics, and per-case disposition patterns compared to cumulative historical averages.

During the second Trump Administration, the Antitrust Division of the U.S. Department of Justice (DOJ) has filed 21 statements of interest (https://bit.ly/4zgKVz2). These filings can be good predictors of future enforcement activity.

A federal judge in Los Angeles has declared Vivek Shah a vexatious litigant after he filed 29 lawsuits in under five years, with seven nearly identical California Invasion of Privacy Act complaints in just seven months. The ruling examines the pattern of Shah filing cases and then abandoning them before judicial rulings, raising questions about whether this represents legitimate litigation or a strategy to extract quick settlements without testing claims in court.

A federal court dismissed a securities fraud class action against a digital technology services company and its officers, finding that plaintiffs failed to adequately plead actionable misstatements regarding AI capabilities, financial performance, and cost-cutting initiatives. The decision provides important guidance on distinguishing between forward-looking statements protected by safe harbor provisions, nonactionable puffery, and allegations that constitute impermissible fraud by hindsight.

A federal district court in Colorado denied a motion to dismiss a securities fraud class action against healthcare company executives, finding that risk disclosures about accounts receivable collection issues were materially misleading because the alleged risks had already materialized at the time of disclosure. The court credited allegations from confidential witnesses and internal meeting records showing that payment disputes and cash flow problems were ongoing realities rather than prospective risks, sup

Washington State imposes strict procedural requirements for contesting a will, including a four-month filing deadline after probate admission and a 90-day personal service requirement. Courts have rigorously enforced these timing rules for over a century, making compliance essential before evaluating the merits of any will challenge.

Business mediation offers companies a confidential, cost-effective alternative to courtroom litigation for resolving commercial disputes. Through the guidance of a neutral third party, businesses can negotiate settlements while maintaining control over outcomes and preserving valuable relationships. Understanding the mediation process, its advantages over traditional litigation, and the keys to successful resolution can help companies make informed decisions about dispute resolution strategies.

The Ohio Supreme Court held that the sham-affidavit rule applies when an expert incorporates a prior expert report into a sworn affidavit. Once incorporated, the report becomes part of the affidavit and may be analyzed for inconsistencies.