In Lane Construction Corporation v. Skanska USA Civil Southeast, Inc., et al., ___ F.4th ___, 2026 WL 1018146 (11th Cir. April 15, 2026) the Eleventh Circuit rejected Lane Construction’s attempt to avoid millions in losses related to its involvement in a $2.3 billion construction project, finding that that Lane’s breach of fiduciary duty allegations were…
Year: 2026
Streaming Service Infringed DISH copyrights
If copyright law is the meat of the court’s opinion in DISH Network L.L.C. v. Fraifer et al., ___ F.4th ___, 2026 WL 959813 (April 9, 2026), the evidence and civil procedure discussions are hearty sides. The dispute concerned the defendants’ making available to viewers Arabic-language programming in which plaintiff DISH Network claimed copyrights. A…
Punitive Damages Award for Racial Discrimination Comported with Due Process
High-level personnel at Dimerco Express USA Corp. repeatedly and overtly expressed an intention to hire only white salespeople. The company also rescinded Kenny Faulk’s employment offer after Dimerco’s president discovered that Faulk is black. Faulk has a criminal record—including a misdemeanor conviction following reduction of the charge from aggravated assault—but so does a white man…
“Effective Vindication Doctrine” Spares ERISA Plan-wide Claim from Arbitration
An arbitration provision in a defined contribution employee benefit plan that prohibited relief on behalf of the plan, allowing relief for only individual participants, is unenforceable, the court held in Williams v. Shapiro, 2025 WL 3625999 (Dec. 15, 2025). The court ruled that the “effective vindication doctrine” prohibits prospective waivers of statutory rights granted by…