Civil Procedure
Supreme Court Rejects Absolute Immunity for Military Contractors in War Zone Tort Suits
SDNY's Failla Denies iBrain Parents' Indicative-Ruling Bid, Greenlights Limited Discovery Into School's Finances
U.S. District Judge Katherine Polk Failla on Wednesday declined to issue an indicative ruling that would have signaled openness to emergency pendency payments for parents of students at the iBrain special-education school, while agreeing with New York City...
Private ALPR Contractor Retains Citation Fees Despite Claims of Unlawful Ticketing to Vehicle Owners, Court Rules
Judge Halil Suleyman Ozerden granted partial summary judgment in favor of ALPR contractor Securix, LLC, dismissing all abuse-of-process claims and one plaintiff’s unjust-enrichment claim in a suit challenging the company’s electronic license plate...
Forum Shopping via Rule 41 Dismissal Drives Transfer of Newsmax Antitrust Suit to Florida
Newsmax Broadcasting, LLC’s antitrust lawsuit against Fox Corporation and Fox News Network has been transferred to the Southern District of Florida after Judge William M. Conley determined the plaintiff engaged in forum shopping by voluntarily dismissing a...
Federal Judge Stays Discovery in X Corp. Antitrust Suit Against Music Publishers Pending Motion to Dismiss
A Dallas federal judge froze discovery in X Corp.'s sweeping antitrust lawsuit against more than 40 music publishers, ruling that the expected burden of antitrust discovery combined with the strength of the publishers' pending motion to dismiss justifies...
Federal Courts Retain Jurisdiction to Unseal Records in Closed Cases When Protective Orders Lack Specific Findings
Magistrate Judge Bill Davis has ordered defendants USAA and Softworld, Inc. to respond to a pro se plaintiff’s motion to unseal records in a dismissed civil rights case, noting that the court retains jurisdiction to modify protective orders even after final...
Second Circuit Reverses Denial of Default Judgment on IIED Claims Against Iran in 9/11 MDL
The Second Circuit held that pre-death emotional distress from witnessing a spouse's death satisfies the severe distress element under New York law, reversing the district court's denial of default judgment on intentional infliction of emotional distress...
Fourth Circuit Upholds Protective Order on Afghan Evacuees as Permissible Prior Restraint
The Fourth Circuit affirmed a district court’s protective order prohibiting defendants from disclosing the identities of Afghan evacuees, holding that the content-based prior restraint survives strict scrutiny to protect national security interests.
Infant Sleep Product Maker Keezio Loses APA Challenge to CPSC Press Release on Mattress Safety Risks
The U.S. District Court for the District of Maryland dismissed a suit by infant sleep product maker Keezio Group, LLC against the Consumer Product Safety Commission (CPSC), ruling that a CPSC press release warning consumers about entrapment and suffocation...
S.D.N.Y. Grants Strike 3 Holdings Expedited Subpoena to Unmask Anonymous John Doe
Judge Lorna G. Schofield ordered Verizon Online LLC to provide the identity of an anonymous defendant accused of illegally downloading and distributing copyrighted material.
Court Allows Disparate Impact Claims to Proceed in Criminal Background Check Case, Rejecting NTT Data's Reconsideration Bid
The U.S. District Court for the Western District of New York has denied NTT Data, Inc.’s motion to reconsider its July 2025 order allowing a putative class action’s Title VII disparate impact claims to proceed, rejecting the employer's arguments that the...
NLRB May Use Outside Affidavits to Prove Irreparable Harm in Section 10(j) Injunction
The Eastern District of Kentucky permitted the National Labor Relations Board to submit affidavits addressing irreparable harm in its Section 10(j) injunction petition against Hearthside Food Solutions, LLC.
Post-Removal Amendment Allows Remand to State Court Under Royal Canin
A federal district court in Alaska has remanded a prisoner injury lawsuit to state court after the plaintiff amended his complaint to remove all federal claims, relying on the Supreme Court’s recent ruling in Royal Canin U.S.A., Inc. v. Wullschleger.
Police Surrounded a Georgia Family's Home Over a Chihuahua — Then Claimed Qualified Immunity for the Arrest Commands That Followed
A federal judge held that a Johns Creek, Georgia officer who repeatedly announced over a PA system that a family was "under arrest" and ordered them out of their home may have seized them under the Fourth Amendment — but that the law was not clearly enough...
Volkswagen Tiguan Seat Heater Burned a Paraplegic Passenger, Lawsuit Alleges — Design-Defect Claim Survives, Failure-to-Warn Dismissed
A federal judge in Washington held that a paraplegic woman's claim that her 2023 Volkswagen Tiguan's seat heater was defectively designed may go to trial, while dismissing her failure-to-warn claim and partially excluding her expert's testimony.
Florida Distributor Wins Injunction After Client List Downloaded, Employee Quit, and Rival Solicitation All Hit Within 24 Hours
A federal court in the Middle District of Florida granted a preliminary injunction against medical device maker EmCyte Corporation after finding that a distributor's confidential client list was improperly downloaded, its contractor abruptly resigned, and...
New Jersey's Discord Child-Privacy Suit Belongs in State Court, Federal Judge Rules, Rejecting COPPA Removal Argument
New Jersey's consumer-fraud claims against Discord for collecting children's data without parental consent are state-law claims, a federal district court held, even though they borrow a federal standard — and belong in state court.
Buyer of $4.7M Gloucester Mansion Wins Partial Summary Judgment Over Persistent Water Intrusion, Radon, and Building-Code Violations
A federal judge in Massachusetts ruled that the seller of a newly renovated oceanfront home breached its purchase contract, an express warranty, and the implied warranty of habitability — while denying the seller's own summary judgment bids on all fronts.
Pricing Typo Costs Atos $3.4M: S.D.N.Y. Holds Contract Must Be Reformed After Scrivener's Error Zeroed Out Shortfall Penalty
A federal judge granted AT&T summary judgment on a contract reformation claim, holding that a drafter's last-minute edit accidentally eliminated a multi-million-dollar shortfall penalty Atos IT Solutions owed under a telecom services agreement.