Evidentiary Hearings

News & Analysis as of

Public Comments on AIA Trial Proceedings – the USPTO is Listening

As mentioned in a previous article, the Patent Trial and Appeal Board (PTAB) held a series of roundtables throughout the United States this spring to solicit public feedback on AIA trials. Having received some feedback during...more

Evidentiary Hearing Required in Upset Tax Sale Challenge

A divided Commonwealth Court panel vacated an order of the Court of Common Pleas of Lackawanna County dismissing a property owner’s (Pascal) set aside petition to void the judicial sale of her property and remanded the case...more

Supreme Court hears Oral Arguments in Summons Enforcement Case

The IRS may summon any person to produce books, papers, records or any data that may be relevant in an exam. If a summoned party refuses to comply, the IRS must petition a district court to enforce the summons. The summoned...more

FERC Orders Evidentiary Hearing For Alleged Market Manipulation By BP

On May 15, 2014, the Federal Energy Regulatory Commission (FERC) issued an order setting an evidentiary hearing before an administrative law judge (ALJ) to determine whether BP America Inc., BP Corporation North America Inc.,...more

The New IDR Process: How to Prepare Your Boss

In this presentation: - New IDR Process - Issuance of IDRs - IDR Response Best Practices by Taxpayers - IDR Extensions - New IDR Enforcement Process - Countdown to Summons - Summons Enforcement Proceeding -...more

Supreme Court Grapples With Showing Required For Evidentiary Hearing Before Summons Enforcement

After hearing oral arguments in a case alleging the Internal Revenue Service issued summonses for an improper purpose, the Supreme Court of the United States is set to provide guidance on the type of evidence that a summoned...more

New Sentencing Hearings for Close to 100 Illinois Convicts

The Illinois Supreme Court decided on March 20, 2014 that inmates that are currently serving life sentences without the possibility of parole for homicides they committed as minors will now be granted new sentencing hearings....more

Appellate Court Notes - Week of February 17

AC35201, AC35270 - Henderson v. Lagoudis - The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more

Supreme Court to Decide When Taxpayers Can Obtain an Evidentiary Hearing in a Summons Enforcement Action

On January 10, 2014, the Supreme Court granted review of an Eleventh Circuit case addressing the circumstances under which a taxpayer can obtain an evidentiary hearing in challenging a summons issued by the Internal Revenue...more

Strategies In Class Action Engagement: The Class Certification Hearing

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. The defense team must consider whether the company’s best interests are better...more

October 2013: International Trade Commission Update - ITC Unveils New Pilot Program Aimed at Early Resolution of 337...

The United States International Trade Commission recently unveiled a new pilot program aimed at faster, less expensive resolution of 337 investigations. As part of the pilot program, the Commission “will identify, at...more

Argument Report: Are Statutory Penalties Under the Employee Classification Act Constitutional?

Bartlow v. Costigan involves a constitutional challenge: can the Department of Labor return administrative fines against construction contractors under the Employee Classification Act without mandatory evidentiary hearings?...more

Working to restore the efficiencies of arbitration

Commercial arbitration began as an economical and fair alternative to court trials. Critics claim that is has become increasingly lengthy, expensive an more like litigation. Many arbitrators, ADR providers and counsel are...more

Court Rules Student Dismissed From Charter School Was Not “Expelled,” Thus Not Entitled To Evidentiary Hearing

A student was dismissed from a charter high school for brandishing a knife in class. The student sued to challenge his removal from the school, asserting that his weapon was not a knife under the Education Code definition and...more

Managing Peer Review Hearings and Litigation

In this presentation: - Overview and recommendations regarding hearing procedures. - Ways to maximize confidentiality and immunity protections under state law, HCQIA and the Patient Safety Act. -...more

So how long is long enough to prevail on a modification application?

Well, depending on what county your case is venued in, it depends. Recently in Foley v. Foley, the defendant, ex-husband, filed an appeal from an Order from the Family Court that denied his motion to reduce his alimony...more

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