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
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
If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation...more
THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have...more
Sampling and extrapolation is a common approach for presenting evidence in complex construction and commercial disputes. The exercise involves identifying and examining a properly representative set of sample allegations, and...more
A federal panel just granted a motion to send multiple medical device liability cases against your company to a single federal judge in a multidistrict litigation, or “MDL,” proceeding for “disposition.” Your lawyer made...more
In October of 2020, House Bill 679 made significant changes to Rule 5 ("Service and Filing of Pleadings and Other Papers") of the North Carolina Rules of Civil Procedure. The amended Rule 5 creates two important changes....more
If opposing counsel sends you discovery or a pleading by email, it is no longer just a courtesy copy. Beginning Thursday, Oct. 1, 2020, that email effects service under the North Carolina Rules of Civil Procedure...more
Rule 23.1 of the Delaware Court of Chancery Rules requires a plaintiff asserting a shareholder derivative action to plead “with particularity the efforts, if any, made by the plaintiff to obtain the action the plaintiff...more
David F. Johnson recently presented his paper on “Summary Judgments in Texas” at the State Bar of Texas’s Advanced Civil Appellate Course in Austin, Texas. This presentation included a discussion of the finality of summary...more
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept. 17, 2018. The CBCA's current...more
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
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
We often hear the phrases "frivolous case" or "thrown out of court," and, as these sayings imply, we make broad assumptions about the procedural and substantive validity of a lawsuit based on our subjective (and usually...more
Several new California procedural rules went into effect on January 1, 2016. While we are several months into the new year, litigators may need a reminder of these new rules. The list below summarizes several of the notable...more
Prebriefing Statements, which are sometimes referred to as Rule 12A Statements, are often viewed and treated as preliminary statements of the issues that will be later briefed on appeal. A recent Rhode Island Supreme Court...more
On August 19, 2015, the United States Patent and Trademark Office (USPTO) released proposed rule changes for trials before the Patent Trial and Appeal Board (PTAB). The proposed rule changes were made in response to input...more
At first glance there seems to be a saving grace in the North Carolina Rules of Civil Procedure for plaintiffs who are running up against the deadline for filing a lawsuit, i.e., Rule 41(a)(1). Rule 41(a)(1) provides that if...more
Can a complaint be “filed” before the “filing process” is completed? Actually, yes, according to Farley v. Koepp, No. 14-1695, a recent decision from the Seventh Circuit written by Judge Sykes. Here is the scene: Late on...more
SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING. The Rhode Island Supreme Court “ain’t afraid of no ghost.”[1] In a long-anticipated, unanimous decision, the Rhode Island Supreme...more
There are undoubtedly many of the Rules of Civil Procedure that you remember by number. Certainly Rules 12, 56, and 65. But Rule 10(b)? What does that even say?...more
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
This is the third in Snell & Wilmer’s series, “Welcome to California Business Litigation.” California business litigation differs substantially from business litigation in most other parts of the United States, particularly...more
Introduction - In 2011, the Texas Legislature passed House Bill 274, directing the Texas Supreme Court to promulgate new rules reducing the expense and delay of litigation. House Bill 274 calls for early “dismissal of...more