News & Analysis as of

Rules of Civil Procedure

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

Court Dismisses “Phantom Markdown” Suit against Saks

On March 22, the U.S. District Court for the Southern District of California dismissed a putative class action against Saks Inc. alleging that Saks advertised “phantom markdowns” of Saks-branded products. The Plaintiff...more

Two Times Twelve Doesn’t Necessarily Equal Twenty-Four

by Faegre Baker Daniels on

In the august halls of a federal courthouse, things aren’t always what they seem. Say, for example, court rules require that briefs must “be double-spaced and in 12-point font with 1-inch margins.” Knowing that a “point” is...more

Is There A "Secret Rule" In The NC Business Court Regarding Motions To Compel?

by Brooks Pierce on

Thinking of filing a Motion to Compel in the NC Business Court? You might want to file it before the close of the discovery period, even though there is no Business Court Rule establishing a deadline for doing so....more

Corporations are People Too! Ontario Court Confirms that Corporations Have a Right to a Speedy Trial

by Bennett Jones LLP on

Corporate defendants have the right to a speedy trial, without requiring them to prove actual prejudice to their fair trial rights. In R v Stephensons Rental Services, a March 2017 decision of the Ontario Court of Justice,...more

It’s Not Final, and That’s Final: The Ninth Circuit’s Gugliuzza Decision

by Bryan Cave on

As we have noted in another post, Non-Final Finality: Does One Interlocutory Issue Resolved in a Bankruptcy Court Order Render All Issues Addressed in the Order Non-Appealable?, not all orders in bankruptcy cases are...more

Developments: Pre-Suit Depositions to Investigate Potential Claims

by Strasburger & Price, LLP on

Texas is unique in allowing depositions before suit to investigate a potential claim. As the Texas Supreme Court has stated, “[N]o other American jurisdiction allows pre-suit discovery as broadly as Texas does.”...more

Expert evidence: is it needed, when will the court allow it and the importance of staying engaged throughout the proceedings

by Dentons on

Welcome to our latest review of expert evidence decisions with a UK construction flavour. The overriding objective of the Civil Procedure Rules (CPR) is to ensure the court deals with cases justly and at proportionate...more

Round-up of litigation and ADR procedure for in-house lawyers

by Dentons on

Specialist courts including the TCC to be referred to as the "Business and Property Courts" - From June 2017, the specialist civil courts will be called the "Business and Property Courts of England and Wales". The...more

Interim interdicts a growing trend in Botswana

by Dentons on

There is a growing trend on the part of lawyers and members of the public alike to seek an interdict when the rights of a party have been, or are thought to have been, infringed. Whilst there is no doubt that in the correct...more

Latest Amendments To The Law On Arbitration And The Civil Procedure Code

by Dentons on

On February 27, 2017, Law No. 49-VI on Amendments to Certain Legislative Acts of the Republic of Kazakhstan in Relation to Issues of Improvement of the Civil Law, Banking Law and Improvement of Conditions of Business Activity...more

Ontario Superior Court dismisses summary judgment motion in Lansoprazole Section 8 Claim

by Smart & Biggar on

On February 27, 2017, the Ontario Superior Court of Justice (2017 ONSC 1348) dismissed a motion for summary judgment brought by Abbott Laboratories and Takeda Pharmaceuticals, the defendants in an action for damages brought...more

NC Business Court On Conflicting Rules Of Civil Procedure: Do You Need Leave Of Court To Amend Your Answer To Add A Counterclaim?

by Brooks Pierce on

If I asked you if you were familiar with Rule 13(f) of the NC Rules of Civil Procedure, I'm betting that you would respond with a glassy stare and a slack jaw. That Rule deals with a counterclaim that you should have made in...more

The Erosion of Cost Caps – at the Expense of Bona Fide Environmental Challenges?

by Latham & Watkins LLP on

Key changes to the Protective Cost Order regime (PCO) came into force on 28 February 2017, which could directly limit the ability of individuals and organisations to bring environmental-related legal challenges in England and...more

California to Consider Significant Change to Eminent Domain Law Regarding a Condemnee's Right to Recover Litigation Expenses

by Nossaman LLP on

On February 9, 2017, California Assembly Member Phillip Chen (a Republican from the 55th district) introduced Assembly Bill 408 (AB 408). AB 408 is styled as an “act to amend Section 1250.410 of the Code of Civil Procedure...more

Is Everybody Here? Supreme Court Defines Necessary Parties

by Strasburger & Price, LLP on

Texas Rule of Civil Procedure 39(a) requires joinder of person who is subject to service as a party to the suit if that person’s absence would prevent complete relief or that person claims an interest in the litigation....more

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