Cantero v. Bank of America, N.A., Case No. 21-400 (2nd Cir. 2026).
New York General Obligations Law section 5-601 is preempted as applied to national banks because requiring interest on mortgage-escrow accounts significantly interferes with the federally authorized power to offer and structure mortgage lending and escrow terms.
Delshah 60 Ninth, LLC v. Free People of PA LLC, Case Nos. 25-148 & 25-237 (2nd Cir. 2026).
Even if the tenant retains some limited use or occupancy of the space, a lease provision treating a government action as a taking applies when the tenant is denied the ability to operate its actual business on the premises.
Poppleton Now Community Association v. La Cité Development, LLC, Case No. 25-1770 (4th Cir. 2026).
A plaintiff who does not allege any protected property interest in the property that the government allegedly took fails to state a Fifth Amendment takings claim by challenging the condemnation and long-delayed development of neighboring property.
Trojan Battery Co., L.L.C. v. Golf Carts of Cypress, L.L.C., Case No. 25-20243 (5th Cir. 2026).
A trademark plaintiff may establish likely confusion without proof of actual confusion when the remaining digits of confusion support liability, and disgorgement of profits is available under Lanham Act equitable principles when infringement is willful, and the defendant fails to prove profits are not attributable to the infringement.
Lupe Development Partners, LLC v. Baird, Case No. 25-1566 (8th Cir. 2026).
A district court does not abuse its discretion by denying post-judgment discovery into a third party’s finances arising out of earlier fraudulent-transfer litigation and financial investigations when a prior order barred such discovery absent new evidence of fraudulent or voidable transactions, and the judgment creditors concede they have no such new evidence.
3Pak LLC v. City of Seattle, Case No. 24-7139 (9th Cir. 2026).
The state-created danger doctrine does not provide a due process remedy for purely economic losses, and the withdrawal of police services from an area does not, in itself, create a per se or right-of-access taking absent an affirmative government invasion of property or the loss of a state-law-protected property interest.
Phillips v. Goldman (In re: Gilman), Case No. 24-2249 (9th Cir. 2026) (en banc).
A Chapter 7 trustee sued personally for alleged failure to preserve estate real property by allowing waste and failing to collect rent during the bankruptcy is entitled to quasi-judicial immunity only for discretionary functions essential to the authoritative adjudication of private rights in the bankruptcy estate and is entitled to derived judicial immunity only when the challenged acts were within the trustee’s authority, fully disclosed, noticed, and approved by the bankruptcy court.
Cherry Rider v. OXY USA, Inc., Case No. 25-3142 (10th Cir. 2026).
A proposed Rule 23 damages class regarding royalty deductions in the Kansas Hugoton Gas Field is ascertainable when it is defined by clear, objective criteria, and difficulties in reviewing a defendant’s records or identifying all class members at certification do not defeat ascertainability.
Great Bowery Inc. v. Consequence Sound LLC, Case No. 24-12482 (11th Cir. 2026).
A copyright infringement plaintiff must prove that it is a legal or beneficial owner of an exclusive right under 17 U.S.C. § 106, and a non-party defendant may contest whether any such exclusive right was actually transferred despite the absence of a dispute between transferor and transferee.
