Trial Court Orders

News & Analysis as of

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

Delaware District Court Affirms Order Approving Gifting In Chapter 11 Case

The U.S. District Court for the District of Delaware has affirmed a bankruptcy court order which approved both a sale of the debtors’ assets and the establishment of an escrow account, which essentially provides a “gift” to...more

During or After my Divorce, Can I Move Outside of New Jersey

During or after a divorce, it is common for the custodial parent (the parent primarily responsible for the children’s care) to want to move to another state with the children. Perhaps the parent has a job opportunity, family,...more

Florida Offers Of Judgment: Trending Toward A Less Onerous "Good Faith" Standard

Florida trial courts have the discretion to disallow an award of attorney’s fees to a litigant that prevails on an offer of judgment, aka proposal for settlement, if the court determines the offer was not “made in good...more

March 2014: Appellate Update

The general rule in federal court is that only a final judgment (i.e., a judgment that ends the case) is appealable as of right. So-called “interlocutory” decisions—such as a decision denying a defendant’s motion to dismiss,...more

As a Receiver, Do I Need an Order From the Court to Sue Someone?

My order of appointment states that I have the power to commence litigation. Do I need a separate order from the receivership court if I want to sue someone? A receiver’s “order of appointment,” along with any applicable...more

Eleventh Circuit Clarifies District Court’s Power To Order Criminal Defendants To Pay Restitution For Uncharged Or Dismissed...

In United States v. Edwards, No. 11-15953, (11th Cir. Sept. 6, 2013), the U.S. Court of Appeals for the Eleventh Circuit made clear that a district court may order restitution for acts of related conduct—even if the criminal...more

Let’s Make Kendra’s Law Permanent … And Enforce It

In 1999, Kendra Webdale was waiting for an N train at the 23rd Street subway station under Broadway. Suffering from schizophrenia and not taking his medications, Andrew Goldstein pushed Kendra onto the tracks into the path of...more

New Twists On Florida’s ‘Tipsy Coachman’ Doctrine

A recent Florida appellate decision examines some new twists on Florida’s “tipsy coachman” doctrine. Before we discuss the new decision, though, it may be useful to discuss what the tipsy coachman doctrine is and where it...more

Enforcing Child Support Payments

Successfully obtaining a court order for child support payments does not always ensure that you will actually receive the payments that the court decides you deserve. ...more

Use Care When Drafting Trial-Court Orders

A lawyer heading into a trial-court hearing should draft a favorable order and have it on hand in case the judge is inclined to rule then and there. In addition to being efficient and good for client relations, getting that...more

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