Trimble v. Entrata, Inc., Case No. 25-1975 (4th Cir. 2026).
A modification clause that permits one party to alter a contract's terms without requiring advance notice, and without giving the counterparty a chance to end the agreement before a change takes effect, renders that party's promise to arbitrate illusory and unenforceable for lack of consideration under Maryland law, even though the modification does not bind the counterparty until she next uses the service.
NexPoint Real Estate Partners, L.L.C. v. Highland Capital Management, L.P. (In re: Highland Capital Management, L.P.), Case No. 25-11185 (5th Cir. 2026).
A bankruptcy court's inherent-power sanction against a litigant for bad-faith prosecution of a claim stands where clear and convincing evidence shows the litigant's officers knew the claim was baseless, the litigant frivolously opposed a motion to disqualify its counsel, and the litigant later sought to withdraw the claim to avoid depositions of its officers while seeking to preserve the claim's substance for a future forum.
SW Nashville EB Owner, LLC v. Metropolitan Government of Nashville & Davidson County, Case No. 25-5781 (6th Cir. 2026).
Takings and ancillary due process claims challenging a municipality's indefinite development hold on a property are constitutionally and prudentially ripe once the municipality has committed to a definitive position barring any development and no further local avenues remain through which the municipality might clarify or change that decision, regardless of whether a formal permit decision has been issued.
Sunco International Inc. v. Jiangsu Sunco Boiler Co., Case No. 25-2251 (7th Cir. 2026).
A nonsignatory corporation cannot be compelled to arbitrate under a joint venture agreement's arbitration clause on a direct-benefits-estoppel theory when Illinois's doctrine of equitable estoppel requires detrimental reliance and the corporation's own controlling shareholders and directors, rather than the corporation itself, are the ones alleged to have relied on the agreement.
Devas Multimedia Private Ltd. v. Antrix Corp. Ltd., Case No. 20-36024. (9th Cir. 2026).
The Foreign Sovereign Immunities Act's arbitration exception to sovereign immunity supplies subject matter jurisdiction over an action to confirm a foreign arbitral award against a foreign state instrumentality, personal jurisdiction over such an instrumentality satisfies due process where its exercise is reasonable, and forum non conveniens does not apply to an action to confirm a foreign arbitral award under the New York Convention because a foreign court cannot attach assets located in the United States and therefore cannot serve as an adequate alternative forum.
AECOM Technical Services, Inc. v. Flatiron | AECOM, LLC, Case No. 25-1140 (10th Cir. 2026).
A post-award subcontract that supersedes a prior teaming agreement and represents the parties' entire agreement forecloses a counterclaim based on pre-award conduct except as part of a breach of subcontract claim subject to the subcontract's liability cap, and a district court does not abuse its discretion in refusing to add untimely fraud counterclaims where the movant fails to show diligence in pleading them after existing authority made such claims available and the resulting delay would prejudice the opposing party's trial preparation.
Homie Technology, Inc. v. National Association of Realtors, Case No. 25-4101 (10th Cir. 2026).
An antitrust claim alleging that a trade association's rules themselves constitute an anticompetitive conspiracy is time-barred when filed more than four years after the rules were promulgated, and neither a boycott carried out by unidentified association members nor the association's annual reissuance and enforcement of the rules can trigger the continuing conspiracy exception or renew a conspiracy that was never plausibly alleged to exist in the first place.
Owoc v. Liquidating Trustee, Case No. 24-14048 (11th Cir. 2026).
A corporate debtor's Subchapter S election belongs to the shareholder rather than the corporation and therefore does not constitute property of the bankruptcy estate under 11 U.S.C. § 541.
