Case notes & commentary · Established 2026

litigation.blog

Civil and immigration litigation, written by the lawyers who try the cases.

Section

Civil Litigation

Business and commercial disputes in the state and federal courts: pleadings and motion practice, injunctions, discovery, and trial. Case notes by the editor and by contributing litigators in private practice.

  1. Case note · October 2026

    Affirmed Without a Quorum: BMG v. Vetter and the Worldwide Termination Rule

    The Supreme Court could not hear BMG v. Vetter and affirmed under 28 U.S.C. § 2109. What the Fifth Circuit held about recapturing worldwide rights on termination, and why the Second Circuit language the petition relied on was an assumption rather than a holding.

    By the Editor

  2. Case note · October 2026

    Same Court, Same Day: Where the Third Circuit Drew the § 922(g)(1) Line

    The en banc Third Circuit decided United States v. Bost and Williams v. Attorney General on the same day: a terroristic-threats conviction disarms, a repeat drunk-driving conviction alone does not. The test both majorities used, the questions left open, and who joined what.

    By the Editor

  3. Case note · October 2026

    An Ordinary Copyright Case: Westlaw Headnotes and AI Training in the Third Circuit

    What the Third Circuit actually held about Westlaw headnotes, ROSS’s AI and fair use, factor by factor. It also covers what footnote 7 says, and doesn’t say, about generative AI, and why the rulings on amount and on the training-data market reach well beyond ROSS.

    By the Editor

  4. Case note · October 2026

    The Redaction That Wasn’t: Contempt, Rule 37, and the Cost of a White Box

    In Mercante v. Tarzia, a white box over opposing counsel’s bank details hid nothing, and by Sunday evening the details were circulating online. The magistrate judge declined to certify contempt but shifted the cleanup costs under Rule 37, while the district judge, ruling on a fabricated citation in the same filing, left a Rule 11 violation unsanctioned.

    By the Editor

  5. Coming soon

    Removal and Remand: Winning the Forum Fight

    The first fight in many cases is about the courthouse, not the merits. Notes on removal practice and the motions that follow.

    In progress

  6. Coming soon

    Preliminary Injunctions: Building a Record That Holds

    Extraordinary relief has ordinary failure modes. On records, bonds, and the findings that survive appeal.

    In progress

The section is new; more essays are in progress. Subscribe to the RSS feed to be notified as they publish.