Final Judgment

News & Analysis as of

Florida Court Recognizes Need To Show Prejudice To Establish Defense Of Failure Of Conditions Precedent Under Paragraph 22 Of The...

As part of its defense at trial in a foreclosure action, the defendants asserted that the plaintiff bank failed to satisfy the condition precedent of providing notice and an opportunity to cure before filing its complaint, as...more

International Arbitration Newsletter - Q1 2015

Use it or lose it: French courts reject procedural objections not raised at the earliest opportunity - The Paris Court of Appeal has issued a stark warning to litigants who fail to raise procedural objections at the...more

DIFC gains momentum towards implementation of a mechanism to permit conversion of DIFC court judgments into arbitral awards

The Dubai International Financial Centre (DIFC) is a separate and distinct jurisdiction established within the UAE in 2004 as a financial free zone, in which the civil and commercial laws of the UAE are disapplied. The DIFC...more

Commercial Court Clarifies Test For Retrospective Alternative Service Of Claim Form

In Michael Norcross v Chrislos Georgallides [2014] EWHC 4530 (Comm), 4 July 2014, the Commercial Court clarified the test that will be applied by a court when determining whether to grant retrospective alternative service of...more

Federal Circuit Review | March 2015

Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more

Question Certified To Second Circuit: Does The Court Or The Arbitrator Decide Whether An Arbitration Agreement Permits Class...

In the Second Circuit, as in other jurisdictions, only exceptional circumstances will justify a departure from the basic policy of postponing appellate review until after the entry of a final judgment. A New York federal...more

Recent IPR Guidance From a Trio of Forums

As inter partes review (IPR) practice continues to develop and practitioners feel their way around the edges, the last month brought helpful guidance from a trio of forums: the Federal Circuit, the Central District of...more

Litigant Consent and the Power of the Bankruptcy Court

The Supreme Court is currently considering the case of Wellness International Network, Ltd. v. Shariff. As discussed in the blog post on February 16, 2015, at issue in the Wellness International Network case is “whether...more

Correcting a Legal Description after Final Judgment of Foreclosure and Sale

Including an accurate legal description (known as the “legal”) in a mortgage is of utmost importance to lenders; in the event of foreclosure, a purchaser (often the lender) cannot obtain clear title to the property unless it...more

Even after Jury Trial and Final Judgment in Favor of Patent Owner, Collateral Estoppel of Invalidity from a Subsequent, Other...

The plaintiff, U.S. Ethernet Innovations, LLC ("USEI"), filed a patent infringement action against several defendants in the Eastern District of Texas. The district court then transferred the cases to the Northern District of...more

Locke Lord QuickStudy: Illinois Supreme Court Closes Back Door on Dina - Holds Only Absence of Jurisdiction Renders a Judgment...

In LVNV Funding, LLC v. Trice, 2015 IL 116129, the Illinois Supreme Court recently held that only the absence of personal or subject matter jurisdiction renders a circuit court’s judgment void. Thus, a judgment entered with...more

Thwarting Torpedoes and Other Clarifications: Recast Brussels Regulation in Force From 10 January 2015

One of the relatively unsung success stories of the European Union (and its predecessors) is its experiment in judicial co-operation. The first major component of this experiment was the 1968 Brussels Convention on...more

Stern with a Twist: Supreme Court to Consider Constitutional Authority of Bankruptcy Courts

The Supreme Court has an opportunity to clarify the constitutionality of the allocation of power between federal district courts and bankruptcy courts....more

Garmin International, Inc. v. Cuozzo Speed Technologies, LLC – First IPR Decision Reviewed by Federal Circuit

On February 5, the Federal Circuit issued its first decision on an appeal of a final written decision of an Inter Partes Review (“IPR”). The decision addressed two outstanding questions of interest to IPR proceedings. First,...more

Federal Circuit Issues First Opinion From Appeal of an IPR Final Written Decision

On February 4, 2015, the Federal Circuit issued its long-awaited decision in In re Cuozzo Speed Technologies LLC, Case No. 2014-1301 (Feb. 4, 2015), which addresses several novel issues concerning the new AIA procedure for...more

Supreme Court Clarifies Application of Final Judgment Rule in MDL Proceedings, But Uncertainty Remains

On January 21, 2015, the Supreme Court issued its much-anticipated decision in Gelboim v. Bank of America Group. The case presented a single question: Is a district court order dismissing all claims in an action that was...more

SEC Secures Federal Judge Order Against Mayor Based on Control Person Liability

On January 28, 2015, the United States District Court for the Eastern District of Michigan entered a final judgment against Gary Burtka, the former mayor of Allen Park, Michigan, upholding the Security and Exchange Commission...more

A Reminder From the Seventh Circuit to Proofread the Form of the Judgment

The Seventh Circuit’s docket appears to be rife with cases involving little errors that turn out to have not-so-little effects. Last month we wrote about the perils of typos in security agreements; this month the Seventh...more

Supreme Court Clarifies Timing of Appeals in MDL Cases

On January 21, 2015, the U.S. Supreme Court announced the definitive rule governing the timing of appeals from a multidistrict litigation proceeding (MDL). The Court held that plaintiffs in actions centralized in an MDL whose...more

Supreme Court Decides Gelboim v. Bank of America Corp.

On January 21, 2015, the Supreme Court of the United States decided Gelboim v. Bank of America Corp., No. 13-1174, holding that, because cases consolidated for multidistrict pretrial proceedings ordinarily retain their...more

Supreme Court Update: T-Mobile V. City Of Roswell (13-975), Hana Financial, Inc. V. Hana Bank (13-1211), Gelboim V. Bank Of...

Greetings, Court Fans! What began as a trickle of decisions from the Court's October sitting has swiftly burgeoned into a flood. Yesterday, the Court announced decisions in three more cases, on top of the three decisions...more

Final Judgment Is Entered Despite Rule 60 Motion To Set Aside Verdicts

Stark, C.J. Defendants’ request to enter final judgment is granted; Plaintiff’s motion to set aside verdicts of infringement and validity is denied. Defendant’s request to sanction is denied....more

The Trial Court Has Authority to Amend Judgment to Add an Alter Ego

Woodland Hills personal injury attorney, Barry P. Goldberg, is always concerned that the right party is joined in the case before a final judgment. Sometimes the “right” party is discovered during the trial and in a recent...more

Gelboim et al. v. Bank of America Corp. et al.: Supreme Court to Address Viability of Partial Appeals in Multi-District...

Timing is everything. As any trial lawyer can tell you, the right to an appeal is important. But often, the right to a speedy appeal can be even more valuable. Under the final judgment rule, however, parties in federal court...more

7th Circuit Rejects Attempt to Reopen Final Judgment Under Rule 54(b)

Last month, we wrote about the Seventh Circuit’s willingness to reopen a 23-year old judgment under Rule 60 of the Federal Rules of Civil Procedure. But in Selective Insurance Co. v. City of Paris, the court reminded parties...more

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