“No Actual Harm Required” – California Court Of Appeal Kicks Open The Door For Standing Under The ICRAA

Barrington Pacific, LLC (Barrington) and its related entities own and operate multiple apartment complexes across Los Angeles, all managed under a centralized process. Id. at *3. Prospective tenants were required to complete a standardized rental application, authorize background screening, and pay a nonrefundable $41.50 application fee. Id. at *4. That fee was expressly allocated to obtaining credit reports, eviction histories, and resident screening reports, as well as processing internal costs. Id. Each applicant signed a written authorization permitting Barrington to […]

By | February 6th, 2026 ||

Supreme Court Confirms That State Affidavit-of-Merit Laws Don’t Apply In Federal Court

The Court’s decision in Berk v. Choy resolves a circuit split and adopts the approach the Fourth Circuit has had in place since 2021.
What Are Affidavit-of-Merit Requirements?
About half of U.S. states have enacted affidavit-of-merit (or certificate-of-merit) requirements for malpractice cases against licensed professionals like doctors or lawyers. These statutes require a plaintiff to obtain—and file or serve—an affidavit from a qualified expert before filing suit. The expert must attest that the plaintiff’s claim has merit, usually […]

By | February 4th, 2026 ||

Nevada Appellate Courts Close January With Three Consequential Civil Decisions

Nevada’s appellate courts closed January 2026 with three significant civil opinions, each clarifying a doctrinal boundary that has meaningful implications for litigants and insurers. Together, the decisions refine premises-liability standards, expand remedies available to excess insurers, and establish a formal framework for anonymous pleading in civil cases.

1. Court of Appeals Clarifies the Mode-Of-Operation Theory in Premises Claims

In Moore v. Primadonna, a trucker slipped and fell in the fueling island outside a truck stop. After discovery […]

By | February 2nd, 2026 ||