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Pleadings

Knobbe Martens

Repleading Dismissed Claims Does Not Nullify Underlying Dismissal Order

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Before Hughes, Stoll, and Cunningham. Appeal from the United States Patent and Trademark Office, Patent Trial and Appeal Board. Summary: Filing an amended complaint does not nullify a dismissal order that was not later...more

Freiberger Haber LLP

The Relation-Back Doctrine Under CPLR 203(c) and (f)

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It is well-settled that leave to amend a pleading is to be freely granted. Leave may be denied, however, if the proposed amendment is palpably insufficient or patently devoid of merit, or if it would cause undue prejudice to...more

Sands Anderson PC

Yes, Virginia, You Can Use Electronic Signatures on Pleadings

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It’s Christmas come early in Virginia this year. As of July 1, 2024, attorneys in Virginia can officially (and permanently!) use electronic signatures to sign pleadings in Virginia’s state courts. It only took twenty-plus...more

Harris Beach PLLC

Extensive Rule Changes to Joint Local Civil Rules in S.D.N.Y. and E.D.N.Y

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Effective July 1, 2024, the United States District Court for the Southern and Eastern Districts of New York will impose a series of changes to their joint local rules. These changes mark the culmination “of a multi-year...more

Esquire Deposition Solutions, LLC

The Need to Translate Pleadings for Service Overseas

A recent blog described the times when litigators are required to translate into English foreign-language documents exchanged during pretrial discovery, an increasing obligation driven by the global reach of modern...more

ArentFox Schiff

Investigations Newsletter: Disgraced Crypto Mogul Bankman-Fried Sentenced to 25 Years in Prison

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Disgraced Crypto Mogul Bankman-Fried Sentenced to 25 Years in Prison - On March 28, Judge Lewis Kaplan of the United States District Court for the Southern District of New York handed down a substantial term of...more

Carr Maloney P.C.

What Did The Plaintiff Know and When Did He Know It? The Availability of Post-Trial Discovery to Pursue Sanctions Under VA. Code...

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I. Introduction - Virginia law provides for monetary and nonmonetary sanctions against litigants and their counsel for signing a pleading that is not well grounded in fact and law or is otherwise brought for an improper...more

ArentFox Schiff

Investigations Newsletter: Telemedicine Owner Pleads Guilty to $136 Million Medicare Fraud

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Telemedicine Owner Pleads Guilty to $136 Million Medicare Fraud - A licensed nurse practitioner in New Jersey, Jean Wilson, pleaded guilty to conspiracy to commit health care fraud and wire fraud. According to court...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

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I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Stange Law Firm, PC

What is a pleading panel?

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Most lawyers and law firms want to organize their clients’ case files. Organization can be key to having a successful outcome. For example, lawyers need to be able to find pleadings quickly in court or in the office. It is...more

Fox Rothschild LLP

Third Time’s the Charm. Mostly.

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Maybe the third time is really only the charm in Baltimore. But at least sometimes a third shot at a sufficiently pled complaint in North Carolina can still carry the day. In Trail Creek Invs., LLC v. Warren Oil Holding Co.,...more

A&O Shearman

The UPC Court of Appeal in action: Insights from the first hearing before the UPC Court of Appeal

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Today marked a ‘historic moment’ for the UPC, as Klaus Gabrinsky, the President of the UPC Court of Appeal, noted in his opening remarks: the first UPC Court of Appeal hearing, on 18 December 2023 in Luxembourg. The case...more

Rodemer Kane Attorneys at Law

What Is a No Contest Plea?

A no contest plea in criminal court means that you accept the conviction but avoid a factual admission of guilt. People often use the terms "guilty plea" and "no contest plea" interchangeably, but they can mean different...more

Marshall Dennehey

Appellate Division Decision Finds Attorney-Verified Pleadings Insufficient From Both Parties, Highlighting Need to Support...

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Pemberton v. Montoya, 2023 N.Y. Slip Op. 02674, 2023 WL 3486551 (2d Dept May 17, 2023) - In a highly regular procedural development, the defendant in a vehicular accident failed to timely answer, and the plaintiff moved for a...more

Marshall Dennehey

Ohio Civil Rule 15(A) Discourages a Prompt Motion for Judgment on the Pleadings

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In a surprising win by a pro se plaintiff against a large law firm, the Eighth District Court of Appeals reminded counsel of a plaintiff’s absolute right to amend their complaint. In this case, the appellate court held that...more

Jackson Walker

Major Case Update: Fifth Circuit Declines to Transform How Courts Apply Sentencing Guidelines

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On July 24, 2023, the United States Court of Appeals for the Fifth Circuit issued its much-anticipated en banc decision United States v. Vargas, 21-20140...more

Rodemer Kane Attorneys at Law

What Is An Arraignment In Colorado?

The arraignment hearing holds immense importance within the criminal justice system, commanding the utmost seriousness. It represents the formal charging of a defendant with a criminal offense and sets the tone for subsequent...more

Butler Snow LLP

Group Pleading and Personal Jurisdiction: Strengthening the Defense in Mass Tort Cases

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There are few rights more important to civil defendants—particularly corporate entities—than personal jurisdiction, which restricts “‘judicial power not as a matter of sovereignty, but as a matter of individual liberty,’”...more

Conn Kavanaugh

Backstage Pass: What Lawsuit Pleadings Tell Us About Life In A Rock And Roll Band

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In a lawsuit filed in California last year, Journey guitarist Neal Schon alleged that bandmate Jonathan Cain had denied him access to the group’s corporate credit card. Cain alleged in a cross-complaint that Schon’s prior...more

Patterson Belknap Webb & Tyler LLP

Commercial Division Enforces Standard for Amending Pleadings

The Commercial Division’s decision in Magnetic Parts Trading Limited v. National Air Cargo Group, Inc[1] demonstrates the flexibility and leniency courts embody when adjudicating motions to amend pleadings. In Magnetic Parts,...more

Patterson Belknap Webb & Tyler LLP

“Fit” For Dismissal: SDNY Rejects Class Action Misapplying FDA’s “Healthy” Regulation

When is a food “healthy”?  And who gets to decide?  A recent decision from the Southern District of New York touched on these questions in the context of an implausible consumer class action—though the court ultimately didn’t...more

Proskauer - Corporate Defense and Disputes

Ninth Circuit Applies Lower Standard for Pleading Scienter Under § 14(e) of Securities Exchange Act Even as to Opinions

The U.S. Court of Appeals for the Ninth Circuit ruled last week that the securities-law requirement to plead a “strong inference” of scienter does not apply to claims under § 14(e) of the Securities Exchange Act even where...more

Reveal

FRCP 15: What It Means for Litigants and How to Efficiently Prepare for Trial

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The Federal Rules of Civil Procedure (FRCP) can be intricate and confusing, especially when it comes to the interplay between various rules. Few aspects of civil litigation present potential pitfalls such as amending and...more

King & Spalding

Fifth Circuit Finds That New Jersey’s Discovery Rule Applies If Identity of a Specific Defendant Was Not Known Until After the...

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On December 15, 2022, the U.S. Court of Appeals for the Fifth Circuit reversed the pleading-stage dismissal, as time-barred, of a case against Bank of New York Mellon by defrauded investors in the Allen Stanford Ponzi scheme....more

Jackson Walker

Major Case Alert: Is the Fifth Circuit About to Transform How Courts Apply Sentencing Guidelines?

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On January 24, 2023, the United States Court of Appeals for the Fifth Circuit will sit en banc to decide how much deference courts should give commentary to the U.S. Sentencing Guidelines. The full Court will do so in the...more

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