News & Analysis as of

Summary Judgment Litigation Strategies

DarrowEverett LLP

Summarizing Proposed Changes to Florida Rules of Civil Procedure

DarrowEverett LLP on

The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more

Faegre Drinker Biddle & Reath LLP

Upcoming Changes to Florida’s Civil Procedure Rules: What Litigators and their Clients Need to Know

Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more

McDermott Will & Emery

This Week in 340B: April 23 – April 29, 2024

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

McDermott Will & Emery

This Week in 340B: April 16 – April 22, 2024

McDermott Will & Emery on

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Holland & Knight LLP

Important Developments in Nationwide COVID-19 Tuition Refund Class Actions

Holland & Knight LLP on

Four years after the start of the COVID-19 pandemic, tuition refund class actions against universities have not slowed down. This Holland & Knight alert considers two recent court cases that will impact litigation strategy...more

Stradling Yocca Carlson & Rauth

The Magic Carpet Ride Comes to an End: PAGA Claims Can No Longer Be Stricken on Manageability Grounds

On January 18th, the California Supreme Court in Estrada v. Royalty Carpet Mills, Inc. ruled that defendants sued under the Private Attorney General Act (PAGA) may no longer strike unmanageable claims.  PAGA claims are...more

McDermott Will & Emery

This Week in 340B: January 9 – 16, 2024

McDermott Will & Emery on

Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more

Carlton Fields

Ringmaster’s Review: Fall 2023 Litigation on Parade

Carlton Fields on

In Ross v. Venerable Insurance & Annuity Co., a Missouri appellate court reversed judgment in favor of the named beneficiary of a flexible premium deferred annuity contract. Following the annuitant’s death, the beneficiary...more

Pullman & Comley, LLC

I Filed An Appeal. Is There A Stay? (And What Does That Mean?)

Pullman & Comley, LLC on

One of the first questions I receive when chatting with a prospective client or a new client is: “Well, what happens after we file an appeal? Do I have to do what the judgment says I need to do?” My answer, of course, depends...more

Faegre Drinker Biddle & Reath LLP

Court Finds Ship Has Sailed for Seaman to Disclose Expert’s Opinions, Resulting in Summary Judgment

Discovery deadlines exist for a reason. Although there are exceptions to every rule – and often a rule dictating how to handle such exceptions – litigants in federal court are expected to show their evidentiary cards in a...more

Goldberg Segalla

Clutch Manufacturer Obtains Summary Judgment on Medical Causation Grounds

Goldberg Segalla on

Court: Supreme Court of the State of New York, Nassau County - In this asbestos action, plaintiff Donna Daniell alleged asbestos exposure from working near auto mechanics, including her husband, Robert, while they used...more

Butler Weihmuller Katz Craig LLP

Five Simple Ways to Improve Your Legal Writing Skills

There is no shortage of legal writing books and articles that young lawyers can use to improve their writing skills. But given all the demands the legal profession places on us, lawyers, when can one find the time to read...more

Goldberg Segalla

Talcum Powder Defendant Fails to Meet Summary Judgment Burden on Medical Causation

Goldberg Segalla on

Supreme Court of New York, New York County, September 22, 2022 - In this NYCAL action, Decedent Maryann Purser (“Decedent”) alleged that she developed pleural mesothelioma through the use of Cashmere Bouquet talcum...more

Fuerst Ittleman David & Joseph

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

Farrell Fritz, P.C.

New Supreme Court Rule on Summary Judgment Motions: “Just the Facts, Ma’am”

Farrell Fritz, P.C. on

Practitioners often choose to practice in the Commercial Division because of its well-documented efficiencies.  Thus, many were happy to hear that Chief Administrative Judge Larry Marks issued Administrative Order 270/2020...more

Farrell Fritz, P.C.

Defenses and Counterclaims In a CPLR 3213 Action Are Only Successful If They’re “Inseparable”

Farrell Fritz, P.C. on

In one of my previous posts, I discussed the basic requirements for bringing a CPLR 3213 motion for summary judgment in lieu of complaint.  One such requirement (and the one that generates the largest body of case law), is...more

Jackson Lewis P.C.

Amendment To Florida Rules Increases Likelihood Of Summary Judgment In State Court

Jackson Lewis P.C. on

The Florida Supreme Court recently amended Florida Rule of Civil Procedure 1.510 (Summary Judgment), adopting the less restrictive federal summary judgment standard as articulated by the United States Supreme Court in Celotex...more

FordHarrison

Monumental Shift to Florida’s Summary Judgment Standard

FordHarrison on

Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more

Burr & Forman

Florida Supreme Court Amends Summary Judgment Procedural Rule to Mirror Federal Doctrine

Burr & Forman on

Florida courts have required the moving party to “conclusively disprove” the nonmovant’s theory of the case in order to eliminate any issue of fact, whereas the federal doctrine permits the entry of summary judgment when...more

Rumberger | Kirk

New Year, New Florida Summary Judgment Standard

Rumberger | Kirk on

It’s Time to Adapt Your Litigation Strategy to a More Flexible Summary Judgment Standard - On the final day of 2020, the Florida Supreme Court waived adieu to the past in two related decisions on the summary judgment...more

Carlton Fields

Preserving Arguments: Playing “Hide the Ball” Can Be Costly

Carlton Fields on

A state high court recently issued a stark reminder to litigants of their duty to clearly bring to the court’s attention the arguments and evidence upon which they rely in order to both survive summary judgment and preserve...more

Rumberger | Kirk

Video Evidence Sets the Stage for Florida's Highest Court to Expand Summary Judgment Opportunities

Rumberger | Kirk on

One of the most important differences between the Florida and Federal judicial systems is the treatment of summary judgment motions.  The distinction arises from differing judicial attitudes rather than the wording of the...more

Hinshaw & Culbertson - Lawyers for the...

Alabama Civil Appeals Court Holds Error in Judgment Rule Requires Expert Testimony to Establish Standard of Care

Schaeffer v. Thompson, Ala. Cov. App. LEXIS 25 (2020) - Brief Summary - The Alabama Civil Court of Appeals reversed a trial court's grant of summary judgment in favor of defendant on plaintiffs' legal malpractice claims,...more

Proskauer Rose LLP

Three Point Shot - February 2020

Proskauer Rose LLP on

Welcome to Three Point Shot, a newsletter brought to you by the Sports Law Group at Proskauer. Three Point Shot brings you the latest in sports law-related news and provides you with links to related materials. Your feedback,...more

Troutman Pepper

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 2) - A Guide To Practicing In The U.S. District...

Troutman Pepper on

As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more

43 Results
 / 
View per page
Page: of 2

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide