Unwitnessed falls and proximate cause
10/14/26
By: Amy Baughman and Andrew Miller Dozier v. Indian Hills Healthcare Group, Inc., 2026-Ohio-3116 (8th Dist. Aug. 13, 2026) The Eighth District Court of Appeals recently addressed what evidence is necessary to establish proximate cause when …
Choice-of-Law provisions prevail in website privacy litigation
10/14/26
By: Michael Brown & Emily Mayfield A recent decision from the Suffolk Superior Court’s Business Litigation Session in Boston provides an important reminder that carefully drafted website terms of use can play a critical role in …
The odds of success in the Georgia Supreme Court
10/13/26
By: Jacob Daly Most appellate litigators know that the odds of the Georgia Supreme Court granting a petition for a writ of certiorari are low, but just how low are they? A previous blog post analyzed the numbers …
Massachusetts court enforces settlement terms proposed in email
10/12/26
By: Jessica Gray Kelly and Sofi Shlepakov In a decision that serves as an important reminder to litigants and counsel alike, the Massachusetts Appeals Court recently affirmed the enforcement of a settlement agreement created through a brief email …
SB 690 reshapes California CIPA website tracking litigation
10/9/26
By: Jacob Berlinger & Justin Boron SB 690 SB 690 significantly narrows private enforcement of the California Invasion of Privacy Act (“CIPA”) in the website-tracking context. Specifically, the law eliminates the private right of action under …
Indiana Supreme Court reaffirms privity requirement for accountant claims
10/8/26
By: Patrick Eckler Indiana Supreme Court leaves no doubt: Accountant liability still requires privity or near privity The Indiana Supreme Court’s recent denial of transfer in Merchant v. Katz, Sapper & Miller LLP quietly resolved one of the …
California SB 623 reshapes medical damages and discovery in rideshare litigation
10/7/26
By: Mansour Chopan On June 25, 2026, Governor Gavin Newsom signed Senate Bill 623, which will significantly change the treatment of lien-based medical expenses in California rideshare litigation. The law expands disclosure and discovery obligations and restricts certain …
Second Circuit rejects NLRB’s restrictive dress-code test
10/6/26
By: Emily C. Mayfield Second Circuit rejects NLRB’s restrictive dress-code test On September 2, 2026, the U.S. Court of Appeals for the Second Circuit rejected the National Labor Relations Board’s (“NLRB” or “Board”) restrictive standard for evaluating employer …
Who can be sued for denied benefits? The Third Circuit clarifies ERISA claims
10/6/26
By: Owen Belfiore The Third Circuit recently issued an important precedential decision addressing employer-sponsored benefit plans in ERISA litigation. In Mark L. Justman v. Accenture LLP, the court held that a denial-of-benefits claim under ERISA § 502(a)(1)(B) must be brought …
When an employee protest at work falls outside Section 7
10/5/26
By: Sunshine Fellows When an employee protest at work falls outside Section 7 A recently released National Labor Relations Board Division of Advice memorandum in Microsoft Corporation, Case 19-CA-364190 (July 10, 2026), concludes that Microsoft did not violate …
Four circuit splits the Supreme Court is poised to resolve this term
10/1/26
By: Juliana Sleeper and Robert Scavone Jr. The United States Supreme Court’s October Term 2026 begins on October 5. As in every Term, the Court’s docket spans a wide range of constitutional, statutory, and procedural issues. …
Eleventh Circuit rejects all-or-nothing dismissal of state-law claims
9/30/26
By: Robert Scavone Jr. In a significant decision for federal practitioners, the Eleventh Circuit addressed an issue it had not previously resolved: whether a district court may continue exercising supplemental jurisdiction over some state-law claims while declining jurisdiction …
