News & Analysis as of

Affidavits

Appeals court rules diagnosed mental impairment not proven to be actual disability

by McAfee & Taft on

As many employers know, the ADA Amendments Act of 2008 (ADAAA) broadened the scope of who may be considered disabled under the Americans with Disabilities Act (ADA). Indeed, through the ADAAA, Congress sought to make it...more

Texas Supreme Court Allows Cure for Missing Certificate of Merit

by Strasburger & Price, LLP on

Section 150.002 of the Civil Practice and Remedies Code requires a plaintiff seeking damages arising from services rendered by a licensed professional (e.g., engineers, architects) to file with its original petition an expert...more

Texas Supreme Court Removes Procedural Gotcha in Lawsuits Against Engineers, Architects, and Other Licensed Professionals

by King & Spalding on

On April 28, 2017, the Texas Supreme Court held that trial courts have discretion whether to dismiss a lawsuit against a licensed professional with or without prejudice when a plaintiff fails to file an expert affidavit...more

Product Liability Update: April 2017

by Foley Hoag LLP on

Massachusetts Federal Court In Prescription Drug Case Holds “Learned Intermediary” Rule Requiring Warnings Only To Prescribing Physician Applied Even Though Patient and Caregiver Were Physicians, But Experts’ Affidavits of...more

New Trademark Office Audit May Result in Cancellation of Registrations

The United States Patent and Trademark Office (“USPTO”) announced a final rule that took effect on February 17, 2017. To assess and promote the accuracy and integrity of the trademark register, the USPTO amended rules...more

Use It or Lose It: USPTO to Conduct Post-Registration Trademark Use Audits

by Jones Day on

Trademark owners take note: Affidavits to renew your U.S. trademark registrations may be getting a closer look. On March 21, 2017, the United States Patent and Trademark Office ("USPTO") implemented a new rule aimed at...more

Court Rejects Overly Broad Request For Forensic Imaging Of Plaintiff’s Personal Computers

by Jackson Lewis P.C. on

An Illinois appellate court has vacated a trial court’s order compelling the forensic imaging of several personal computers used by plaintiff, applying a balancing test that takes into account both the proportionality rule...more

New North Carolina Sales Tax Provisions for Contracts Related to Real Property

by Nexsen Pruet, PLLC on

This alert is relevant for contractors who perform construction services on real property in the state of North Carolina. In South Carolina, contractors remain subject to the traditional sales or use tax at the time of all...more

Pitfalls Of Relying On Evidence Previously Filed “For Any Purpose” When Opposing Summary Judgment

by Carlton Fields on

Your opponent files a motion for summary judgment. At a hearing on the motion, you point to an affidavit in the record to show that material questions of fact exist. Long before your opponent moved for summary judgment, you...more

Pro Hac Vice Admission Required before Connecticut Agencies

by Robinson & Cole LLP on

In 2015, the Connecticut Supreme Court concluded that the Judicial Branch has the sole authority to license and regulate the general practice of law in Connecticut. See Persels & Associates, LLC v. Banking Commissioner, 318...more

Family Law: Corporate and Trust Challenges to Service of Process and Jurisdiction

by Carlton Fields on

The president of a corporation, manager of a limited liability company, trustee of a family trust, or principal of another business entity receives a summons in a Florida divorce case. One spouse contends the other’s control,...more

New Year, New Rules: More Changes to the Commercial Division Rules Coming in 2017

The New York Commercial Division is poised to continue its rules revamp, with six new rules proposals announced since October. While these proposals would not alter practice before the Commercial Division in the same manner...more

Expert Who Admitted That He Was Unqualified and That His Opinions Lacked Methodology Not Allowed to Testify in Zoloft Litigation.

by Reed Smith on

Last week, the Drug and Device Law Lifelong BFF asked us if we were interested in a quick trip to New York to use tickets for an early morning taping of “Live with Kelly.” Sure, we said – sounds like fun. And so, after...more

Appellate Court Notes

by Pullman & Comley, LLC on

Supreme Court Advance Release Opinions: SC19516 - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America Corp. SC19516 Concurrence - Doe v. Boy Scouts of America...more

Healthcare Liability Affidavits Not Required in Federal Court

by Strasburger & Price, LLP on

The Fifth Circuit recently denied en banc reconsideration of Passmore v. Baylor Health Care System, 823 F.3d 292 (5th Cir. 2016). In the Passmore opinion, the court held that Texas’ requirement regarding expert reports in...more

New Rule Encourages the Use of Direct Testimony Affidavits to Streamline Trials in the New York Commercial Division

by Kelley Drye & Warren LLP on

Under a new rule approved yesterday, justices in the Commercial Division of New York State Supreme Court for the first time will be expressly authorized to require parties to submit the direct testimony of their own witnesses...more

Appellate Court Notes

by Pullman & Comley, LLC on

Appellate Court Advance Release Opinions: AC38487 - State v. Elias V. - AC37672 - Doe v. West Hartford - The issue in this case was whether process was delivered to the marshall the day before the expiration of...more

Supreme Court Holds Attorneys’ Fee Affidavits Must Be From Independent Counsel

In a decision that impacts most litigators in Rhode Island, the Rhode Island Supreme Court has held that affidavits or testimony offered to support a claim for attorneys’ fees must be from a member of the Rhode Island Bar who...more

The Massachusetts Supreme Judicial Court Lends a Helping Hand to Inadvertent Lender Omissions in the Execution of Mortgage...

by Murtha Cullina on

Massachusetts bankruptcy courts have invalidated mortgages containing defects, including the failure of lenders to observe strict formalities in the execution of mortgage acknowledgements. See our prior post on this very...more

Maintaining Your Trademark Registrations-Part 2

Once you have obtained a U.S federal trademark registration, you must take certain steps to maintain the registration or else you risk losing your trademark protection. In this article, we discuss a key step in maintaining...more

11th Circuit Holds Insurer Not Entitled to Summary Judgment in Bad Faith Claim

In its recent decision in Hinson v. Titan Ins. Co., 2016 U.S. App. LEXIS 14474 (11th Cir. Aug. 8, 2016), the United States Court of Appeals for the Eleventh Circuit, had occasion to consider how diligent an insurer must act...more

How to Maintain Your Trademark Registrations

This article explains filing deadlines and document requirements for maintaining federal trademark registrations with the U.S. Patent and Trademark Office (“USPTO”). The documentation for establishing proof of continued use...more

Courts Wrestle with Work Product Protection for Interview-Related Documents: Part III

by McGuireWoods LLP on

The last two Privilege Points (Part I and Part II) discussed federal court decisions reflecting confusing and sometimes arguably illogical approaches to interview-related materials. In SFEG Corp. v. Blendtec, Inc., No....more

Consumer Financial Services Newsletter - June 2016

by Hinshaw & Culbertson LLP on

Seventh Circuit Held No Implicit Threat to Proceed to Trial by Debt Collector When Filing a Collection Lawsuit - St. John v. CACH, LLC, No.14-2760, 2016 WL 2909195 (7th Cir. May 19, 2016) - On May 19, 2016, the...more

2016 Legislative Changes to Virginia Family Law

by Sands Anderson PC on

The 2016 Virginia General Assembly enacted several changes to statutes relating to family law in the Commonwealth. Those changes are effective July 1, 2016 and include the following...more

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