Joseph Lang Jr.

Joseph Lang Jr.

Carlton Fields

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Latest Publications


Objecting to a Magistrate Judge's Report and Recommendation

An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and...more

4/6/2016 - Litigation Strategies Objection Procedures Trial Preparation Trials

Be Punctilious, Or You Might Inadvertently Waive A Personal Jurisdiction Objection In Federal Court

May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?...more

11/6/2015 - DaimlerChrysler DaimlerChrysler v Bauman Discovery Goodyear Litigation Strategies Objection Procedures Personal Jurisdiction Trial Preparation

Rule 50 Practice: Don’t Forget About Your Summary Judgment Arguments

Your summary judgment motion was denied. You have proceeded to trial. You are preparing a Rule 50 motion. Should you include those issues raised in your denied summary judgment motion? Must you do so?...more

6/3/2015 - Motion for Summary Judgment Rule 50

Making a Record in Support of CAFA Removal to Federal Court

The Eleventh Circuit’s decision in Dudley v. Eli Lilly and Co., 2014 WL 7360016 (11th Cir. Dec. 29, 2014), highlights the risk of waiving (or, at a minimum, postponing) an otherwise proper removal by not creating a proper...more

1/13/2015 - Amount in Controversy Burden of Proof CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Eli Lilly Removal

United States Supreme Court Denies Certiorari in Case Involving Use of General Verdict

Monday, the United States Supreme Court denied certiorari in Khan v. Chowdhury, Case No. 13-1479. Notwithstanding the denial, this case is notable, as it highlights a recurring issue in preserving error for appeal: proposing...more

10/21/2014 - Appeals General Verdict Rule Harmless Error SCOTUS

The CAFA Year In (Appellate) Review: A Look Back At The Class Action Fairness Act In The Circuit Courts Of Appeals In 2012-2013

On January 1, 2012, we published “The CAFA Year in (Appellate) Review: A Look Back at the Class Action Fairness Act in the Circuit Courts of Appeals in 2011.”...more

7/1/2013 - CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

Fourth Circuit Court Of Appeals Puts Teeth Into The "In Fact" Exclusions Of A D&O Policy

In Farkas v. Nat'l Union Fire Ins. Co. of Pittsburgh, PA, No. 12-1481, 2013 WL 1459248 (4th Cir. Apr 11, 2013), the Fourth Circuit Court of Appeals affirmed a decision that put teeth into the "in fact" exclusions of a...more

4/24/2013 - Corporate Officers Damages Directors Exclusions

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