Final Judgment

News & Analysis as of

How Long Have Criminal Cases Lasted From Grant to Argument to Decision (Part 2 – 2008-2016)?

Yesterday, we analyzed the lag times – from grant of review to oral argument, and oral argument to decision – in the Court’s civil docket from 2008 to 2016. Today, we’ll address the data for the criminal docket. One...more

What Petitioners and Patent Owners Need to Know About the Scope of IPR Estoppel

Judge Sue L. Robinson of the U.S. District Court for the District of Delaware recently identified a logical fallacy in the “statutory estoppel” jurisprudence with respect to 35 U.S.C. § 315(e)(1). According to the...more

Can I Trade the Station Wagon? The Acceptance-of-Benefits Doctrine

When can you accept benefits under a judgment while continuing to complain about it on appeal? Until recently, the answer has been “almost never.” ...more

How to Draft a Proposed Form of Judgment Under the New Rules

If you are in state court, remember that new rule changes took effect on January 1, 2017. The new version of Rule 54 includes several changes that will be important when drafting proposed forms of judgment. Please see...more

Appellate Court Restores Lis Pendens Protections in Do-Ober Decision

The tides have turned in Ober v. Town of Lauderdale-By-The-Sea as the Fourth District Court of Appeal recently reversed its decision and revived the full impact of Florida’s lis pendens statute. By withdrawing and replacing...more

Magistrate Judge Had Authority To Enter Final Judgment Without Consent Of Absent Class Members But Abused Discretion In Approving...

The Ninth Circuit held that a magistrate judge was not required to obtain the consent of absent class members to approve a settlement in a Fair Debt Collection Practices Act (FDCPA) case and to enter a final judgment after...more

Real Property & Title Insurance Update: Week Ending January 27, 2017

REAL PROPERTY UPDATE - Foreclosure/Lis Pendens: a proper reading of Florida Statute section 48.23(1)(d) is that “when a foreclosure action is prosecuted to a judicial sale, that sale discharges all liens, whether...more

Seventh Circuit Confirms that Parties Seeking Review of an Interlocutory Order Have 30 Days to Request a Rule 54(b) Judgment

The rule of 28 U.S.C. § 1291 limits the appealability of district court orders to “final decisions.” Although an order resolving fewer than all claims of all parties is not a final decision for purposes of appeal, Rule 54(b),...more

Court Says Settlement Agreement Does Not Bar Later Website Accessibility Lawsuit by a Different Plaintiff

Seyfarth Synopsis: With the recent proliferation of web accessibility demand letters and lawsuits, businesses often ask whether settling a claim with one plaintiff will bar future lawsuits brought by different plaintiffs. One...more

Appellate Court Reverses Course on Lis Pendens Effect on Post Judgment Liens

UPDATE: On rehearing, the appellate court held that all liens placed on property between a final judgment of foreclosure and judicial sale are discharged by Florida statute. Specifically, the court recognized that the sale...more

Fourth District Court of Appeal Breathes Life Back into Lis Pendens Statute

Florida’s Fourth District Court of Appeal breathed life back into the lis pendens statute by reversing course in Ober v. Town of Lauderdale-By-the-Sea. On a motion for rehearing, the Court withdrew and replaced its August 24,...more

Defence & Indemnity - December 2016: I. INSURANCE ISSUES B.

A vehicle owned by the insured or spouse, if insured, may be an “uninsured automobile” when taken without consent and therefore may be entitled to coverage under the O.P.C.F. 44R Endorsement as an “inadequately insured...more

Don't Win The Battle And Lose The War: Preserving Error For Appeal (And Why You Need An Appellate Lawyer)

Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more

State AGs seek to intervene in CFPB enforcement action to modify settlement terms

The Attorneys General for the states of Connecticut, Indiana, Kansas, and Vermont recently took the unusual step of filing a joint motion to intervene to modify the settlement terms of a CFPB enforcement action....more

Make Sure Your Judgment Or Order Is Final and Appealable

No judgment is final and appealable in Arizona state courts unless it contains a certification, either under Rule 54(b) or Rule 54(c) of the Arizona Rules of Civil Procedure. This is important because the clock will not...more

Chris Lazarini Comments on Ambiguity in Insurance Policy - Thought Leadership - Bass Berry

Bass, Berry & Sims attorney Chris Lazarini commented a case in which a broker-dealer claimed the term "final judgment" in its insurance policy was ambiguous and should be construed against its insurance carrier, as is typical...more

New Mexico Judge Orders Payday Lender to Pay $32 Million in Restitution

On November 9, 2016, the New Mexico Attorney General (AG) announced that a New Mexico judge issued a final judgment against a payday lender and ordered the lender to pay $32 million in restitution. The court found the...more

If I get a judgment against my commercial tenant, will I be able to collect?

At times, the easiest part of litigation can be getting a judgment, while collecting on the judgment can be time consuming and expensive. Unfortunately, it is difficult to determine whether you will able to collect on a...more

Janssen v. Celltrion (Infliximab): District Court Enters Partial Final Judgment in Favor of Celltrion

As we previously reported, after the district court found that all the asserted claims of the ’471 patent were invalid for obviousness-type double patenting, Celltrion moved for entry of final judgment on that patent under...more

Surviving the Zombie [Foreclosure] Apocalypse

Preparing For A World When Lis Pendens Protections Are All But Ober - “BEWARE REAL PROPERTY LITIGATORS” warns a former chair of the Real Property, Probate and Trust Law Section of the Florida Bar. This advice, given...more

PTAB Decision to Institute Despite Alleged § 315 Time Bar is Not Reviewable

Wi-Fi One LLC argued that Broadcom Corp. was barred from petitioning for inter partes review under 35 U.S.C. § 315(b) because it was in privity with a time-barred district court litigant. To determine whether a petitioner...more

Contemplating Cross-Appeals – When “Winners” Need to Appeal

One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not entirely successful in the trial court may challenge an unfavorable...more

Liens Recorded Between Foreclosure, Sale Date Ruled Valid by Florida Appellate Court

In a case of first impression among the Florida appellate courts, the Fourth District Court of Appeal held that liens recorded between the foreclosure judgment and the sale date are valid and enforceable against the property...more

Same Verse, Different Chapter: The Statute of Limitations Saga Continues in Florida

The Second District Court of Appeals joins the Third District in affirming a final judgment of foreclosure in favor of the bank in an action based on a breach date that falls outside the five-year statute of limitations under...more

Retroactive Estoppel: Acting as Real Party in Interest May Import Estoppel Effects from Earlier-Filed Petitions

In a decision that could significantly extend the estoppel effects of 35 USC § 315(e), the Patent Trial and Appeal Board (PTAB or Board) found that estoppel applies to all real parties in interest of an inter partes review...more

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