The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more
It is well known that, at least in the federal system and Florida, a defendant who fails to raise lack of personal jurisdiction in a pre-answer motion to dismiss waives that defense. But there is an exception to this rule: If...more
11/14/2019
/ Bristol-Myers Squibb Co v Superior Court of California - San Francisco County ,
Class Action ,
Class Certification ,
Defense Strategies ,
Financial Services Industry ,
Lack of Jurisdiction ,
Litigation Strategies ,
Motion to Dismiss ,
Non-Residents ,
Personal Jurisdiction ,
Preservation of Rights ,
Trial Preparation ,
Waiver of Rights
So you just lost at trial and now you are in full-scale triage. Here are some thoughts from the Carlton Fields appellate group about what should be on your post-trial checklist.
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Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate’s report and recommendation are filed...more
Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more
As we have discussed many times in this blog, one of the fundamental rules of appellate practice is if something is not in the record, it did not happen. For that reason, it is important to try to eliminate arguments held...more
The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v....more
Motions in limine (“on or at the threshold” or “in the beginning”) are often a trial lawyer’s best friend and “can be a potent weapon when used properly and at the appropriate stage of litigation.” David Paul Horowitz, In the...more