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One of the lesser-known changes to Texas state-court practice brought about by the 2011 legislative session is the allowance of parties to use unsworn declarations in place of affidavits or verifications.

In environmental personal injury cases, proof of causation is key and that causation almost always hinges on expert opinion.

The U.S. Department of Justice (DOJ) recently filed a petition in the U.S. Court of Appeals for the District of Columbia Circuit for a rehearing en banc in the Steve Wynn case, asking the D.C. Circuit to reconsider U.S.

You don't need to point out the obvious to a court. You especially don't need to belabor the point.

The U.S. Court of Appeals for the Eighth Circuit recently affirmed the dismissal of a False Claims Act ("FCA") complaint in United States ex rel. Dunn v. North Memorial Health Care (8th Cir. No. 13-1099, Jan. 9, 2014) for failing to meet the particularity requirements of Rule 9(b).

Addressing the issue of whether a technical expert's failure to disclose specific testing methodology was merely a "typo" or a previously non-disclosed opinion, the U.S. Court of Appeals for the Federal Circuit affirmed the district court's judgment of non-infringement because the expert failed to support evidence of infringement.

In a recent order denying dismissal in United States v. NH Learning Solutions Corp. (NHLS), the U.S. District Court for the Eastern District of Michigan weighed...

New Jersey's federal judges are busier today than they have been before.

Clients always ask: When will the Court make a decision about my motion? The general rule is that lawyers cannot predict with any certainty when the federal courts will resolve any particular pending motion.

On November 6, 2008, the U.S. Court of Appeals for the First Circuit overturned the dismissal of a complaint against an insurer asserting breaches of fiduciary duties under ERISA where the insurer paid life insurance benefits by means of a retained asset account.

On December 1, 2025, Federal Rule of Civil Procedure 16.1 governing multi-district litigation (MDL) proceedings took effect. This is the first MDL-specific rule and is the culmination of a multiyear-long rulemaking...

On Monday, President Trump sued The New York Times, several authors and New York Times reporters, and Penguin Random House for defamation seeking $15 billion dollars in damages.

The New York Supreme Court's Commercial Division Advisory Council has recommended a rule that it believes would substantially expedite non-jury trials and facilitate cross examination with no adverse effects.

A recent Delaware Supreme Court decision has changed the rules for post-transaction litigation review for "going-private transactions."

Yesterday, we analyzed how the area of law impacted the total volume of questions during oral argument in civil cases between 2008 and 2016, as well as analyzing how many questions one could expect...

A legal professional shares insights from the 2026 ABA Class Actions National Institute in Las Vegas, exploring emerging trends in algorithmic price-fixing litigation, AI model claims, and how lower courts are interpreting key Supreme Court precedents on standing, damages models, and personal jurisdiction in class action cases.

Filling out a form with limited-choice options that do not correspond to the answers you would like to provide is a frustrating experience that we have all encountered.