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Volume IX, Issue 6

Feb. 12 2026

 

González Tomasini v. DeJoy, Case No. 23-1914 (1st Cir. 2026).

Dismissal of an employment case as a sanction for the plaintiff's witness tampering – found by clear and convincing evidence after a three-day evidentiary hearing – constituted neither an abuse of discretion in the selection of a sanction nor clear error in the underlying factual findings.

 

Stokinger v. Armslist, LLC, Case No. 24-1697 (1st Cir. 2026).

Although post-tort contacts must still satisfy the relatedness prong on remand, the website operator's design of geographic-filtering features, combined with evidence of thousands of state-specific firearm listings per year from 2018 forward, establishes a prima facie case of purposeful availment sufficient to support specific personal jurisdiction over the operator in that state.

 

Lanesborough 2000, LLC v. Nextres, LLC, Case No. 24-2211 (2d Cir. 2026).

A contractual waiver of the "right to appeal" in an arbitration agreement that fails to specify the scope of the waiver is not clear and unequivocal and therefore cannot foreclose appellate review of the district court's judgment on an arbitral award.

 

In re: Broiler Chicken Antitrust Litigation (Carina Ventures LLC v. Pilgrim's Pride Corp.), Case No. 25-1110 (7th Cir. 2026).

An email exchange stating "We accept" to a $50 million global settlement offer does not form a binding settlement agreement where material terms – including Judgment Sharing Agreement compliance, claim assignments, allocation among cases, and a most-favored-nation clause – remained open and subject to further negotiation; reversed.

 

MedLegal Solutions, Inc. v. Premium Healthcare Solutions, LLC (Appeal of Bedi), Case No. 25-1419 (7th Cir. 2026).

A post-judgment turnover order requiring third parties to transfer a judgment debtor's assets constitutes a final, appealable order under 28 U.S.C. § 1291; the Rooker-Feldman doctrine does not bar a federal court from adjudicating lien priority between competing creditors where the party invoking the doctrine was not a party to the underlying state-court proceeding and the intervenor's failure to raise substantive arguments on lien priority in the district court waives those arguments on appeal.

 

Johnson v. Freedom Mortgage Corp., Case No. 24-2787 (8th Cir. 2026).

A mortgage loan servicer's investigation (reviewing account history, account notes, and payment records) of a consumer's Fair Credit Reporting Act dispute satisfies the reasonable-investigation standard under 15 U.S.C. § 1681s-2(b) where the consumer's dispute letters were conclusory and failed to identify the specific basis for the claimed inaccuracy.

 

Selective Insurance Co. v. Heritage Construction Cos., Case No. 24-2333 (8th Cir. 2026).

Even though they may be tied to the timing of a future disbursement event, representations concerning the existence of committed project financing constitute statements of present fact susceptible of knowledge and are actionable under a negligent-misrepresentation theory; a defendant's honest belief is not a defense where the claim sounds in negligence rather than intentional fraud.

 

Vipond v. DeGroat, Case No. 25-1680 (8th Cir. 2026).

Where the assertion of tribal jurisdiction is not frivolous or obviously invalid under clearly established law and, notwithstanding that the individual impact of the nonmember's conduct may not independently "imperil the subsistence" of the tribe, the Tribal Exhaustion Doctrine requires a non-Indian landowner challenging tribal-court jurisdiction under the Montana tribal-sovereignty exception to exhaust tribal appellate remedies before seeking federal relief. 

 

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Manny Farach

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