Banoka S.à.r.l. v. Elliott Management Corporation, Case No. 24-1352 (2d Cir. 2025).
A section 1782 petition for third-party discovery is properly denied when the forum-selection clause in question and unduly burdensome discovery requests weigh against granting the petition under the discretionary Intel Corp. v. Advanced Micro Devices, Inc., 542 U.S. 241, factors.
Austin v. Experian Information Solutions, Inc., Case No. 23-2301 (4th Cir. 2025).
A defendant’s motion to compel arbitration must be granted when he corporate officer demonstrate sufficient personal knowledge to authenticate the website enrollment process and arbitration agreement and the plaintiff had reasonable notice of terms and manifested assent by enrolling.
Black v. Mantei & Associates, Ltd., Case No. 24-1439 (4th Cir. 2025).
A district court may properly award attorneys' fees under 28 U.S.C. § 1447(c) for an objectively unreasonable second removal attempt on identical grounds the court had previously rejected.
Columbia Gas Transmission, LLC v. RDFS, LLC, Case No. 24-1387 (4th Cir. 2025).
A preliminary injunction allowing access to property for pipeline mitigation work is proper when the easement language granting the right to "operate, maintain, replace, and finally remove" encompasses necessary maintenance activities.
Avient Corporation v. Westlake Vinyls, Inc., Case No. 24-5989 (6th Cir. 2025).
A settlement agreement's arbitration provisions remain valid if the agreement’s severance clause permits removal of unenforceable terms without materially adverse effect on the economic and legal substance of the agreement.
Fletcher v. Doig, Case Nos. 23-2364 & 16-3508 (7th Cir. 2025).
A prior denial of summary judgment does not preclude later sanctions based on a complete trial record an attorney continues frivolous litigation despite overwhelming contradictory evidence.
Sutter & Gillham PLLC v. Henry, Case No. 24-1071 (8th Cir. 2025).
The Rooker-Feldman doctrine does not bar federal conspiracy claims against state court adverse parties when the targets defendants' allegedly conspiratorial conduct rather than seeking review and rejection of the state court judgment itself.
Fulton v. Fulton County Board of Commissioners, Case No. 22-12041 (11th Cir. 2025).
Where no adequate statutory or state-law remedy exists, the Takings Clause of the Fifth and Fourteenth Amendments provides a direct cause of action independent of 42 U.S.C. § 1983 against local governments for "just compensation."
Glynn Environmental Coalition, Inc. v. Sea Island Acquisition, LLC, Case No. 24-10710 (11th Cir. 2025).
Landowners do not waive jurisdictional arguments in citizen enforcement actions by accepting a Corps nationwide permit under a preliminary jurisdictional determination, and a citizen-suit under the Clean Water Act must, under Sackett v. EPA, 143 S. Ct. 1322 (2023), sufficiently plead that the wetlands in question maintains a continuous surface connection to waters of the United States.
Pop v. LuliFama.com LLC, Case No. 24-11048 (11th Cir. 2025).
FDUTPA claims sounding in fraud must comply with Rule 9(b), and accordingly, a plaintiff must plead with particularity the alleged deceptive conduct by social media influencers.