Rules of Civil Procedure

News & Analysis as of

Faulty Notice of Hearing Not Enough to Stop Wal-Mart Supercenter

In Roberson v. City of Rialto, No. E058187 (Cal. Ct. App. 4th Dist., May 21, 2014), the Fourth Appellate District affirmed the trial court’s judgment, upholding several project approvals for a new commercial retail center in...more

Monkey See, Monkey Do? Like Federal Courts, New York State Courts Are Changing the Rules Governing E-Discovery

As new and proposed rules regarding e-discovery in the Commercial Division of the New York State Supreme Court demonstrate, state courts are catching up to the federal courts in terms of e-discovery standards and guidelines...more

An Important Tip On Appealing A Decision From The NC Business Court

The Business Court is electronic. Paper copies of documents are not filed with the Business Court. So when you e-file a Notice of Appeal, is that sufficient for purposes of Rule 3 of the NC Rules of Appellate Procedure?...more

San Francisco Superior Court Continues to Expand Voluntary E-Filing Program

Effective July 14, 2014, the San Francisco Superior Court expanded its voluntary e-filing program to include the following 25 new types of civil cases...more

Court Finds Communications With Reinsurers Discoverable In Coverage Dispute

A federal court in Minnesota determined that an umbrella insurer’s communications with its reinsurers are discoverable in a coverage dispute. The case is titled National Union v. Donaldson Co., and the focus is on the scope...more

Court Lets Plaintiff Revive Mooted Claims In Second Action Against Same Defendants

The Eastern District of New York recently denied a motion to dismiss and found that the plaintiff’s claims were not precluded by a different court’s ruling that the same claims against the same defendants had been mooted by...more

English Court of Appeal Signals Less Draconian Sanctions for Non-compliant Litigants

Litigants must comply with rules and orders, yet must not seek to penalise opponents for immaterial breaches Overview - The Court of Appeal has allowed three consolidated appeals an earlier Court of Appeal case...more

Expedited Procedures in New York Courts Guarantee Trial in Just Nine Months

Earlier this month, New York's Commercial Division, a department within the New York State court system designed to handle complex commercial disputes, established new procedures that provide a voluntary, alternative track to...more

Complying With The Rules Is Important In The Business Court

There's an ominous sounding sentence in a Business Court decision this week: A party practicing before the North Carolina Business Court should take the deadlines imposed by its orders and the rules of practice very...more

Wadden v. BMO Nesbitt Burns: No in-depth analysis of the proposed grounds of appeal required in determining a motion for an...

On May 7, 2014, in Wadden v. BMO Nesbitt Burns, the Nova Scotia Court of Appeal granted a motion to extend the time for filing a Notice of Appeal under Civil Procedure Rule 90.37(12)(h). The Nova Scotia Supreme Court had...more

District Court in Delaware Denies Motions to Transfer Where Transfer Would Require Litigation in Multiple Districts

In these patent infringement actions, the defendants moved to transfer to three different district courts. As explained by the district court, "[t]here are currently six pending actions in the District of Delaware involving...more

Business Court Modernization Snowball Gathers Politics But Keeps Moving

A new version of SB 853 was approved today by a Senate Judiciary Committee; and it addresses two new items. The title was amended to include the new sections: An Act to Modernize the Business Court by Making Technical,...more

Courts Uphold Use of Fairness Opinions at Hearings to Approve Plans of Arrangement

On April 7, 2014, Osler commented on the decision of Justice David Brown of the Ontario Superior Court of Justice (Commercial List) in Re Champion Iron Mines Limited. In that case, the Court held that a fairness opinion from...more

Illinois Supreme Court Agrees to Decide Whether a Motion for Setoff Stops the Time to Appeal From Running

It’s one of the most fundamental rules of appellate practice: the notice of appeal has to be timely filed, or the appellate court is without jurisdiction to do anything other than dismiss the appeal. In the closing days of...more

Stubicar v. Canada: Does the Registrar’s refusal to submit a reconsideration motion to the Supreme Court of Canada constitute an...

In a Supreme Court of Canada motion decision rendered on May 15, 2014 in Stubicar v. Canada, Rothstein J. dealt with an unusual issue of jurisdiction. Following dismissal of her application for leave to appeal to the...more

Oracular Utterances From California’s Civil Code

In prior posts, I’ve mentioned the Etruscans who were the northern neighbors of the Latins and the erstwhile kings of Rome. The last of these kings was Tarquinius Superbus, also known as Tarquin the Proud. According to the...more

Exeter v. Canada (Attorney General): An audio recording of a hearing is not a replacement for a transcript under Rule 344 of the...

On May 8, 2014, the Federal Court of Appeal rendered judgment in Exeter v. Canada (Attorney General) on an appeal from an order of the Federal Court upholding a Prothonotary’s interlocutory order. The appellant submitted as a...more

General Assembly May "Modernize" The NC Business Court

A bill was introduced this week in the NC General Assembly that would be entitled "An Act to Modernize the Business Court By Making Technical, Clarifying, And Administrative Changes To The Procedures For Complex Business...more

Pre-Motion Letters to Judge Sullivan Should Give an Overview of the Anticipated Motion

Joao Control & Monitoring Systems v. Digital Playground, Inc. et al. - Case Number: 1:12-cv-06781 (Dkt. 83) - Judge Sullivan said that his rules require pre-motion letters [link to the letters] to “provide a...more

Examinations by Non-Medical Practitioners

In the recent decision of Ziebenhaus v. Bahlieda[1], the Divisional Court had opportunity to consider the Court’s ability to order a party to undergo an examination. Specifically, the issue was whether a judge of the...more

Federal Court Report - Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s...

In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more

Contractual Attorney Fees in California: Which Statute Applies?

A recurring theme in my recent Daily Journal publications has been the rough doctrinal fit between operation of Civil Code section 1717 and Code of Civil Procedure section 1021 and section 1032. Section 1717 has been...more

Federal Court Report - ERISA Case Survives Numerous Procedural Motions

In Longo v. Trojan Horse Ltd., No. 5:13-CV-418-BO (E.D.N.C. Jan. 15, 2014)(J., Boyle), the court for the Eastern District considered a motion to dismiss or transfer an ERISA action in which the plaintiffs claimed that the...more

FCA Relator Petitions Supreme Court Seeking Resolution of Circuit Split Regarding Applicability of Rule 15(a) to Post-Judgment...

Dr. Helen Ge, the relator in United States ex rel. Ge v. Takeda Pharmaceutical Co Ltd., recently filed a petition for a writ of certiorari in the United States Supreme Court seeking review of the First Circuit’s decision that...more

The Importance of Settlement Authority at a Pre-Hearing

Arbitrator Wilson’s recent decision in Dabrowska and Aviva Canada [FSCO A13-007793] is a warning to Insurers attending Financial Services Commission of Ontario (FSCO) pre-hearings – always have authority!...more

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