ANALYSIS: Five Litigation Tenets Sailing Into the Sunset in 2025

2025 was a year of endings on the litigation front—both big, highly touted ones and small, unobtrusive but no-less-significant ones—as courts retired several litigation mainstays that have been shaping strategy, leverage, and risk assessment for decades. Below is what litigators lost in 2025 and how practitioners can move on in 2026.

1. The Nationwide Injunction

The US Supreme Court’s decision in Trump v. CASA, Inc. ended the long-held assumption that a single US district court could enjoin federal policy nationwide. By holding that courts lack equitable power to extend relief to nonparties, the high court eliminated an important tactical tool ...