United States: Trials & Appeals & Compensation

The Ninth Circuit has amended its opinion in a securities fraud class action against a pop culture collectibles manufacturer, clarifying that the company's risk disclosures improperly framed already-realized harms as hypothetical future risks. The court denied petitions for panel rehearing and rehearing en banc, maintaining its partial reversal of the district court's dismissal of claims under Sections 10(b) and 20(a) of the Securities Exchange Act.

Expert reports are often invaluable in civil and criminal cases. In general, these reports provide the trier of fact with an opinion from an expert witness who possesses specialized knowledge, skill or experience on technical or scientific issues in dispute that are beyond the trier of fact’s knowledge or experience.

The Eleventh Circuit's reversal in U.S. ex rel. Zafirov v. Florida Medical Associates addresses one of the most anticipated False Claims Act decisions in years, ruling that qui tam provisions do not violate the Appointments Clause. While this decision aligns with other circuit courts, it leaves critical constitutional questions unresolved, including Take Care and Vesting Clause challenges that could reshape FCA litigation.

The Eleventh Circuit has reversed a groundbreaking district court ruling that declared the False Claims Act's qui tam provisions unconstitutional under the Appointments Clause. The appellate court determined that qui tam relators do not occupy a "continuing position" established by law, thereby avoiding classification as constitutional Officers. However, questions remain as the case returns to district court for consideration of separate constitutional challenges under the Vesting and Take Care Clauses.

The Eleventh Circuit has overturned a district court ruling that declared the False Claims Act's qui tam provisions unconstitutional, holding that relators are not officers of the United States requiring presidential appointment. This decision swings the pendulum back in favor of whistleblower enforcement, though constitutional challenges may still reach the Supreme Court through pending cases including a $1.6 billion judgment appeal.

On August 27, 2026, the U.S. District Court for the District of Oregon issued a much-anticipated decision rejecting constitutional challenges to Oregon’s plastic and packaging Extended Producer Responsibility (EPR) law and upholding the law in full.

The Pennsylvania Superior Court has refined corporate negligence liability rules for nursing home management entities, establishing that only licensed healthcare providers with direct patient contracts can face direct corporate negligence claims. This landmark decision clarifies the boundaries of liability when operational duties are delegated to management companies, potentially reshaping how nursing home litigation proceeds in Pennsylvania.

In high-stakes litigation, the integration of expert strategy, jury research, visual advocacy, and trial presentation from the outset provides legal teams with a strategic advantage. This article examines why early alignment among litigation consultants is crucial, where working in silos creates risk, and how a connector mindset transforms individual expertise into more effective case execution and stronger trial outcomes.

Catastrophic personal injury cases require more than medical records to establish full damages. Coordinated expert analysis across life care planning, vocational assessment, economic damages, medical expertise, and demonstratives connects injury evidence to future care needs, work capacity limitations, and quantifiable financial losses, creating a comprehensive damages position for settlement or trial.