After getting through a nasty divorce, you assumed the final judgment was just that—final. The last thing you envisioned was reopening the wounds by having to address your ex’s request to make changes to the final judgment....more
When the Federal Circuit denied Baxter’s petition for panel rehearing and rehearing en banc in Fresenius USC, Inc. v. Baxter International, Inc., Judge Dyk wrote an opinion concurring in the denial that was joined by Judge...more
Businesses often request legal assistance with breach of contract disputes. They say that there can be no doubt that their counterparty breached their contract, and they know that they are entitled to damages for the breach....more
Under California's "one final judgment rule," a judgment that fails to dispose of all the causes of action pending between the parties is generally not appealable. (Code Civ. Proc., § 904.1, subd. (a); Morehart v. County of...more
Today the California Supreme Court issued an opinion in Kurwa v. Kislinger (Oct. 3, 2013, S201619). The decision addresses the question of when a dismissal order is “final enough” to be appealable rather than a...more
Table Of Contents -
- The Decision to Cross-Appeal
..Does Appellee Seek to Alter the Judgment?
..Pursuing a Cross-Appeal Conditionally
- Complications in Handling...more
In The Bank of New York Mellon v. Reyes, No.: 3D12-1900 (Fla. 3d DCA 2013), the Bank appealed the denial of its Florida Rule of Civil Procedure 1.540(b) motion to set aside a default final judgment nullifying an unpaid...more
Before the clerk of the court will issue a writ of execution or writ of garnishment on a judgment, the clerk will review the judgment to ensure it is valid and enforceable. ...more
In Woods v. Carey the Ninth Circuit Court of Appeals decided a case on the recovery of attorney fees in the context of a prisoner defending a judgment on appeal....more
SUPREME COURT HOLDS THAT A PARTY WHO IS NOT AGGRIEVED BY A JUDGMENT CANNOT BE QUALIFIED AS AN APPELLANT.
In Lombardi v. City of Providence, No. 2012-86-Appeal, the Rhode Island Supreme Court reminded litigants that a...more
Clients frequently ask appellate lawyers, “How long until the court makes a decision?” It’s a question we all struggle with because the number of variables is too great to allow anything but a semi-educated guess. The period...more
On February 25, 2010, an agreed final judgment of foreclosure was entered pursuant to a settlement agreement between the original lender and the defendants/appellees. ...more
The U.S. Supreme Court recently granted certiorari in a case that could have far reaching impact in litigation involving federal claims for attorney’s fees. In Ray Haluch Gravel Co. v. Central Pension Fund of the...more
When someone is injured because of the negligent or reckless actions of someone else, that person has legal rights and options that include the filing of a California personal injury lawsuit. When such a lawsuit is filed and...more
After a four-week retrial, a federal jury concluded on May 8, 2013 that Tuomey Healthcare System (Tuomey) violated both the Stark Law and the False Claims Act (FCA). The jury determined that Tuomey violated the Stark Law by...more
In this products liability case, final judgment was entered in favor of the defendant following a four-week jury trial. The plaintiff alleged that the defendant had committed fraud on the court and sought to set aside the...more
It is not uncommon for a person to receive notice that a default judgment has been entered against them in a lawsuit, even though the person may have not ever known of the existence of the lawsuit. ...more
On January 9, 2013, the Patent Trial and Appeal Board (PTAB) issued its first decision in a Covered Business Method Patent Review (CBM) proceeding, instituting the trial on all claims requested.
The decision issued in...more