News & Analysis as of

Rules of Civil Procedure

Maine Superior Court Weighs in on Code Enforcement Appeal

by PretiFlaherty on

Earlier this year, Maine’s Superior Court issued a decision in Blasco v. Town of Southport that provides a useful reminder for municipalities about appeals of code enforcement actions. The case involved an 80B appeal of a...more

In-House Counsel's Worst Nightmare: A Subpoena In A Case To Which The Company Is Not A Party

by Brooks Pierce on

I don't think that there is anything worse than having a client get subpoenaed in a case to which it isn't a party. It didn't want to be drawn into someone else's problem, to have to scour its records to respond to an...more

Soto v. Sacco

Arizona Supreme Court Clarifies Standards for Remittitur in Soto v. Sacco - The Arizona Supreme Court has clarified the standard for remittitur (and additur) under Ariz.R.Civ.P. 59(i) (now Rule 59(f)), as well as the...more

Court of Special Appeals Affirms Admission of Plaintiff’s Medical Records into Evidence to Support Opinions of Defense Expert

by Miles & Stockbridge P.C. on

A recent holding of the Court of Special Appeals of Maryland is of significance to companies defending personal injury lawsuits—particularly those where the nature or extent of a plaintiff’s alleged injuries is in dispute. In...more

In an operating receivership, do creditors need to be served with motions?

by Ervin Cohen & Jessup LLP on

Question: In an operating receivership , do creditors need to be served motions? Answer: The answer is “no” if the receivership is in state court; the answer is “maybe” if the receivership is in federal court....more

Remedies – Admission of Vicarious Liability not a Shield to Punitive Damages

by Low, Ball & Lynch on

CRST, Inc., et al. v. The Superior Court of Los Angeles County- Court of Appeal, Second Appellate District (May 26, 2017)- In CRST, Inc., et al. v. The Superior Court of Los Angeles County, the California Court of...more

[Webinar] Key eDiscovery Case Law Review for First Half of 2017 - July 26th, 12:00pm CT

by CloudNine on

The best predictor of future behavior is relevant past behavior. Nowhere is that truer than with legal precedents set by past case law decisions, especially when it relates to eDiscovery best practices. This CLE-approved*...more

Incorporating By Reference In Your NC Business Court Brief? Don't Do It!

by Brooks Pierce on

If you have ever drafted a Complaint, you have undoubtedly used the words that your previous numbered allegations were "incorporated by reference." It's a way of not having to repeat yourself. That shortcut is specifically...more

Development of court practice on tax disputes over charging personal income tax on amounts paid to employees by agreement at...

by Dentons on

On 16 June 2017 the RF Supreme Court rendered a ruling in case No. ?42-7562/2015. In this case the court considered a dispute between Murmansk Trawl Fleet PJSC (hereinafter MTF) and the Federal Tax Service Interdistrict...more

Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines

by Jaburg Wilk on

Preliminary Lien Notices - “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day...more

North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions

by Ward and Smith, P.A. on

In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of sale. In U.S. Bank v. Pinkney, the Supreme...more

First judgment from competition fast track procedure

by Bryan Cave on

On 26 May 2017, the Competition Appeal Tribunal (CAT) issued its judgment on the liability of the Law Society of England and Wales (the Law Society) in a claim brought against it by Socrates Training Limited (Socrates)...more

Just get on with it: more reasons to mediate (and a look at some of the excuses people use to avoid ADR)

by Dentons on

The courts can sanction parties who unreasonably refuse to mediate their dispute or who fail to mediate where it is appropriate. So why do some parties still plough on with litigation or arbitration proceedings? In this...more

Decoding the code - China's new General Civil Law Rules: the first step towards a comprehensive civil code

by Hogan Lovells on

On 15 March 2017, the People's Republic of China General Civil Law Rules (???????????) (hereinafter referred to as the "GCLR") were formally adopted at the Fifth Session of the Twelfth National People's Congress. The GCLR...more

Deposition, My Office Or Yours? NC Business Court: Neither

by Brooks Pierce on

You probably don't think much, when you are noticing a deposition, about where it should take place. Ideally, you probably want it to happen in your own office....more

How much can a judge intervene in cross-examination before a trial becomes unfair?

by Dentons on

Lord Justice Jackson's reforms to the Civil Procedure Rules (CPR) enabled judges to take a more active part in case management: they can manage the parties' costs budgets, control the timetable, limit expert evidence and...more

Major Reform of French Civil and Commercial Procedure

by K&L Gates LLP on

By several decrees dated 6 and 9 May 2017 (mainly decrees No. 2017-891, 2017-892, 2017-862 and 2017-888), the French government has enacted a substantial reform of several aspects of French civil procedure (which is also...more

Efficiency and planning - Federal Court issues Trial Management Practice Notice

by DLA Piper on

The Canadian Federal Court has provided new guidelines for efficient trial management of all trials over five days in length. These guidelines are directed to improving the efficiency of trials in the Federal Court...more

Judges Hate “Gotcha Games”

by Fox Rothschild LLP on

In October, I wrote about How the Practice of Law is Like the NHL. This article was about how rule changes in the practice of law, and changing skill sets in the NHL have made finesse and skill more important than brawling. ...more

Mareva injunctions - Update from the Divisional Court on the Chitel v. Rothbart guidelines

by Dentons on

The Divisional Court’s recent decision in SFC Litigation Trust (Trustee of) v. Chan represents a significant development in the law governing Mareva injunctions in Ontario. It clarifies that courts have wide discretion in...more

In urgent matters disciplinary decisions may be released in summarized form, in anticipation of the final elaborated decision...

by Dentons on

"Cup-tail decisions": now also at the disciplinary court! In short proceedings, prosecutors regularly, because of the urgency of the dispute in question, make a verdict in which only the decision (the so-called 'dictum')...more

NY Commercial Division Requires Supporting Papers to Accompany Notice of TRO

We previously covered a proposed amendment to the New York Commercial Division Rule 20 that aimed to require moving parties seeking a temporary restraining order (“TRO”) to, absent significant prejudice, provide opposing...more

IP Trials with Less Tribulation: New Federal Court Guidelines Promote Cooperation and Efficiency

by Bennett Jones LLP on

This week's most noteworthy development is not a single case—it is a practice direction that will govern how all complex intellectual property cases will be tried. The new Trial Management Guidelines formalize trial...more

Paris, the eternal city for arbitration?

by DLA Piper on

The first edition of the Paris Arbitration Week commences on April 24.1 Organizers have highlighted that the event “is a great occasion to celebrate the repeated trust the actors of international arbitration have for Paris”.2...more

Client Alert on Latest Legislative Developments

by Dentons on

During the past several weeks the Azerbaijani Parliament has adopted a number of laws, introducing amendments to the Law On Banks, the Civil Code, the Civil Procedure Code, the Administrative Procedure Code, the Law On...more

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