Berk v. Choy, Case No. 24-440 (2026).
Rule 8 of the Federal Rules of Civil Procedure displaces Delaware’s medical-malpractice affidavit-of-merit requirement in federal diversity actions, so failure to file a state-law required affidavit cannot justify dismissal of a complaint that otherwise states a plausible claim for relief.
Kolackovsky v. Town of Rockport, Case No. 25-1275 (1st Cir. 2026).
Resident taxpayers challenging a municipal zoning district lack Article III standing where allegations regarding property value impacts and expectation interference remain conclusory and fail to demonstrate concrete, particularized injury befalling each individual plaintiff.
Sports Enters. v. Goldklang, Case No. 25-1299 (3d Cir. 2026).
Florida nonprofit corporation law imposes fiduciary duties upon directors toward the corporation, but does not create fiduciary duties running from directors to individual members absent express contractual provisions or implied relationships supported by adequate factual allegations.
Allen v. Stein, Case No. 24-1954 (4th Cir. 2026).
A district court abuses its discretion by reopening, under Rule 60(b)(6), concluded litigation to permit the plaintiff to pursue previously dismissed copyright infringement claims under alternative as-applied sovereign immunity abrogation theory available since 2006 but not raised during initial proceedings or prior appellate review.
Newtyn Partners v. Alliance Data Sys. Corp., Case No. 25-3313 (6th Cir. 2026).
Absent specific misrepresentations regarding contractual status or negotiations, generic optimistic corporate statements describing client relationships as stable or long-standing constitute non-actionable puffery insufficient to support securities fraud claims even when subsequent sponsor departures materialize.
Akhlaghpour v. Orantes, Case No. 24-2625 (9th Cir. 2026).
Provided such authorization remains narrowly tailored to jurisdictional removal and comports with prior state appellate determinations regarding claim viability, bankruptcy courts possess authority under the Barton doctrine to grant retrospective leave permitting continuation of state court legal malpractice litigation filed without prior approval against court-appointed counsel.
In re: The Renco Group Inc. & The Doe Run Resources Corp., Case No. 24-13266, No. 24-13266 (11th Cir. 2026).
A law firm asserting attorney-client privilege or work-product protection in a 28 U.S.C. § 1782 (assistance to foreign and international tribunals and to litigants before such tribunals) proceeding must substantiate the claim on a document-by-document basis with an adequate privilege log and supporting evidence, and deficient, categorical assertions for mixed sets of documents forfeit protection even after production because meaningful relief remains available.
