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Volume IX, Issue 28

July 16, 2026

 

Rhode Island Truck Center, LLC v. Daimler Trucks North America, LLC, Case No. 22-1913 (1st Cir. 2026). 
Enforcement of Rhode Island’s motor vehicle Dealer Law to require a manufacturer with a Rhode Island franchisee to obtain state regulatory approval before establishing or maintaining a same‑line dealership in another state impermissibly regulates out‑of‑state transactions and violates the Dormant Commerce Clause.

 

Flaherty v. Amigos Del Mar Ltd., Case No. 25-1735 (1st Cir. 2026). 
A Rule 60(b)(4) motion to vacate a default judgment as void must comply with Rule 60(c)(1)’s “reasonable time” requirement, and a delay of roughly two years from judgment (and 19 months after enforcement efforts abroad) without valid justification is untimely.

 

Deal v. City of Monroe, Case No. 23-2167 (4th Cir. 2026). 
A municipal board of adjustment member who serves at the pleasure of the city council under an ordinance allowing removal at any time with or without cause lacks a constitutionally protected property interest in the board seat and thus cannot state a procedural due process claim based on removal without notice or hearing.

 

The Juneau Group, L.L.C. v. Vendera Management Holdings, L.L.C., Case No. 25-20258 (5th Cir. 2026). 
Judgment on the pleadings against a dissolved LLC that has lost its legal existence under forum‑state law is justified because the dissolved company lacks capacity to sue under Federal Rule of Civil Procedure 17(b)(3), but nonetheless sealing orders regarding competency‑related filings related to the case must rest on articulated balancing of the strong presumption of public access against countervailing interests.

 

20100 Eastex, L.L.C. v. Saltgrass, Inc., Case No. 25-20421 (5th Cir. 2026). 
Where a reciprocal easement agreement is ambiguous about whether one parcel owner must consent to construction or demolition on the other’s parcel, undisputed extrinsic evidence from the drafter of the easement can resolve the ambiguity as a matter of law.

 

Gmeiner v. Kent, Case No. 25-2000 (6th Cir. 2026). 
An indemnification clause in a state real estate development permit that obligates the permittee to indemnify the state only for claims arising from the permittee’s own acts or omissions that have a clear nexus and rough proportionality to project‑related harms does not violate the First Amendment Petition Clause under the assumed Nollan/Dolan unconstitutional‑conditions framework.

 

The Boldt Company v. Black & Veatch Construction, Inc., Case No. 25-2003 (7th Cir. 2026). 
An ambiguous subcontract that ties schedule compliance to material obligations and provides notice and exculpatory mechanisms for owner- and vendor‑caused delays cannot be construed on summary judgment to place all delay risk on the subcontractor.

 

Wilbur-Ellis Co. v. Simplot, Case No. 24-1135 (8th Cir. 2026). 
A party alleging trade secret misappropriation, breach of duty of loyalty, or tortious interference must clearly identify specific trade secrets or protectable interests, concrete acts of misuse or disloyalty, and evidence of resulting harm, and generalized suspicions or conclusory allegations without admissible probative evidence cannot defeat summary judgment.

 

Compeer Financial, ACA v. Corporate America Lending, Inc., Case No. 25-1830 (8th Cir. 2026). 
When an arbitration award under a master participation agreement recommends the appointment of a receiver to effectuate the award, a federal court of competent jurisdiction may confirm the award and equitably appoint a receiver consistent with the agreement’s terms and receivership standards to identify and recover misdirected payoff proceeds.

 

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Author

Manny Farach

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