Plain Error

News & Analysis as of

Plain Error Need Only Be Plain at the Time of Appellate Review

Under the Federal Rules of Criminal Procedure 52(b), “A plain error that affects substantial rights may be considered even though it was not brought to the court's attention.” In U.S. v. Henderson, the U.S. Supreme Court...more

"Meaningful" Errors Require Hospital System To Refund $31M

In what is reported to be the largest repayment to date involving "meaningful use" incentive payments, Naples, Florida-based Health Management Associates, Inc. ("HMA"), with 71 inpatient facilities in 15 states, including...more

Fourth Circuit Finds District Court Erroneously Applied Wal-Mart Stores, Inc. v. Dukes In Denying Leave to Amend Complaint in Pay...

In its recent decision in Scott v. Family Dollar Stores, Inc., No. 12-1610 (4th Cir. Oct. 16, 2013), the Fourth Circuit ruled that the district court abused its discretion by refusing to allow plaintiffs asserting claims of...more

Why it is So Important to Check Your Credit Report Annually — Even After Bankruptcy

Did you know that according to the Federal Trade Commission (FTC), five percent of consumers had errors on their credit reports? That’s five out of every hundred consumers in the U.S. — meaning that as many as 10 million...more

Reinsurance Newsletter - September 2013: Indiana Court Of Appeals Affirms Grant Of Summary Judgment On Errors And Omissions...

Wellpoint, Inc. v. Nat’l Union Fire Ins. Co., 989 N.E.2d 845 (Ind. App.Ct. Jun. 19, 2013)(Memorandum Decision – Not For Publication). An Indiana state court of appeals affirmed a trial court grant of summary judgment...more

2,300 Conditional Permanent Resident Cards Issued with Incorrect Expiration Date

The U.S. Citizenship & Immigration Services (USCIS), recently reported that approximately 2,300 conditional lawful permanent resident cards were issued with incorrect expiration dates. The incorrect cards were issued between...more

Debt Collection Lawsuits Often Have Errors

A recent review of debt collection lawsuits filed by J.P.Morgan Chase found that there was inaccurate information contained within the debt collection cases about 9% of the time. The errors included things like suing for a...more

If “Grave Error” Is Not Enough To Vacate An Arbitrator’s Decision, What Is?

The recent Sutter decision drives home repeatedly that a court may not vacate an arbitrator’s decision under the FAA just because a judge thinks the arbitrator reached the wrong result. ...more

Can An Error In Naming An Applicant For A Design Registration Be Fatal? Foster’s Australia Limited V Cash’s (Australia) Pty Ltd

In what circumstances should an error in naming an applicant for a design registration be fatal? In this case note, we look at Foster’s Australia Limited v Cash’s (Australia) Pty Ltd, where the court declined to grant orders...more

Appealing Propositions: Appellate Issues In The Law - Distinguishing Between Error and Reversible Error; Recognizing and Avoiding...

Right after the judge or the jury renders a “bad verdict” we all have undoubtedly heard, at least, one our clients say they want to appeal the case “all the way to the United States Court, if that’s what it takes to get...more

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