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When Is a Defense “Available”? Avoiding Waiver by Being Bold When Asserting Defenses

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

Timely And Specific: Making Objections To Federal Magistrate Reports

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

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