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Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Farrell Fritz, P.C.

When the Clocks Are Turned Back, Women Litigators Step Forward: NYSBA ComFed Fall Event, “Taking the Lead 2024”

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Having recently set our clocks back at the end of this year’s Daylight Saving Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY bar event....more

Farrell Fritz, P.C.

The Importance of Filing a Notice of Claim Against A Village: CPLR 9802 - A Trap for the Unwary Litigator

Farrell Fritz, P.C. on

Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more

Woodruff Sawyer

SCOTUS on Securities: Waiting for NVIDIA

Woodruff Sawyer on

In private securities class actions, the motion to dismiss is critical. A victory can mean a quick and relatively inexpensive conclusion to litigation. A loss can mean many months of expensive and intrusive discovery. This...more

Jones Day

Cases Pending Before September 1, 2024, Cannot Be Removed to Texas Business Court, Dallas Court Holds

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In the first opinion to address the issue, the Texas Business Court determined that it lacks jurisdiction over cases pending before September 1, 2024, even if the cases otherwise meet the jurisdictional requirements of the...more

Akin Gump Strauss Hauer & Feld LLP

Federal Circuit Vacates and Remands District Court’s Fee Award Due to Consideration of Irrelevant 'Red Flags'

The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal...more

Farrell Fritz, P.C.

Foreign Affairs of the Books and Records Kind

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Some years ago, the question whether New York courts have subject matter jurisdiction over petitions to dissolve foreign business entities garnered much interest amongst business divorce lawyers and on this blog. The debate...more

McGuireWoods LLP

Courts Begin to Address the Work Product Implications of AI

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Courts have been scrambling to catch up with the fast and sometimes unpredictable evolution of lawyers’ use of generative AI. Many if not most courts require lawyers to advise them if they relied on AI in preparing filings...more

Jackson Lewis P.C.

Seventh Circuit: Travel Time During Normal Working Hours is Compensable for Employees on Remote Assignment

Jackson Lewis P.C. on

Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more

McDermott Will & Emery

This Week in 340B: October 29 – November 4, 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

U.S. Legal Support

Challenges in Medical Record Management & Retrieval

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Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Citizen Suit Action/Clean Water Act: Environmental Integrity Project Notice of Intent to Sue Three Louisiana Petcoke Processing...

The Environmental Integrity Project (“EIP”) has sent three separate Notices of Intent to Sue (“NOIs”) to three Louisiana Petcoke processing plants alleging violations of the Clean Water Act...more

Holland & Knight LLP

Supreme Court to Reevaluate Pleading Requirements for ERISA-Prohibited Transaction Claims

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The U.S. Supreme Court recently granted a petition for a writ of certiorari to review the U.S. Court of Appeals for the Second Circuit's decision in Cunningham v. Cornell University, 86 F.4th 961 (2d Cir. 2023). In doing so,...more

Morris James LLP

Chancery Dismisses Fiduciary Duty Claim Against Directors Based on Disclosures Regarding the Company’s Purposes

Morris James LLP on

Stansell v. Rosensweig, C.A. No. 2023-0180-PAF (Del. Ch. June 12, 2024) - The plaintiff was a stockholder of a company that provided online education resources. Some of the company's customers used its products to cheat on...more

Perkins Coie

Petitioners’ Election to Prepare Record Does Not Preclude Recovery of Record Preparation Costs by Prevailing Public Agency

Perkins Coie on

The Third District Court of Appeal held that it was proper to award respondents costs for the preparation of CEQA administrative record documents as the prevailing party, even though petitioners had elected to prepare the...more

Searcy Denney Scarola Barnhart & Shipley

Request for Production: What it Means for Your Personal Injury Case

Many people are aware that if they are injured due to someone’s negligence in a car accident, slip and fall incident, medical malpractice, or other situations, an experienced personal injury attorney can file a legal claim to...more

Morris James LLP

Chancery Finds Language in LLC Agreement Insufficient To Waive Fiduciary Duties and Permit Competing Business Ventures

Morris James LLP on

Green v. McClive, C.A. No. 2023-0139-MTZ (Del. Ch. June 3, 2024) - The plaintiff filed claims against defendant McClive, alleging breach of contract, breach of fiduciary duty, and usurpation of corporate opportunities...more

Vinson & Elkins LLP

A Closer Look at the New Texas Business Courts: Key Developments and Insights

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On September 1, 2024, a notable change occurred in the Texas legal landscape with the official launch of the new Texas Business Courts. Created through House Bill 19, which was signed into law on June 9, 2023, these 11 civil...more

Carlton Fields

Getting Writs Right

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Writs are formal written commands developed in English common law more than a thousand years ago. Despite the antiquated Latin terminology, when properly understood writs provide a critical avenue for immediate and...more

Troutman Pepper

Fifth Circuit Grants Expedited Appeal in Challenge to CFPB’s Section 1071 Final Rule; Denies Temporary Administrative Stay

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On October 31, the U.S. Court of Appeals for the Fifth Circuit Court of Appeals granted the appellants’ motion to expedite the appeal in Texas Bankers Association v. Consumer Financial Protection Bureau (CFPB). The suit...more

King & Spalding

Delaware Supreme Court Affirms Lender’s Exercise of Right to Replace Officers

King & Spalding on

On September 23, 2024, the Delaware Supreme Court affirmed a lower court’s ruling that Byju’s Alpha, Inc. was in default under the terms of a credit agreement for a $1.2 billion loan and that the lenders had authority under...more

Cooley LLP

Conflicts of Law: Norwich Pharmacal Orders in Liechtenstein

Cooley LLP on

In Magomedov & Others v. Kuzovkov & Others,[1] the High Court handed down an interesting decision examining the conflict of foreign criminal law with the discretion of the Courts of England and Wales to grant a Norwich...more

Farrell Fritz, P.C.

The Cost of Withholding ESI: First Department Sets Limits on Non-Party Recovery of ESI Production Costs

Farrell Fritz, P.C. on

Under CPLR §§ 3111 and 3122(d), “[t]he reasonable production expenses of a non-party witness shall be defrayed by the party seeking discovery.” The Commercial Division Rules at Appendix A (“Guidelines for the Discovery of...more

Jones Day

United States Supreme Court to Hear Two Securities Cases This Term

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The Supreme Court is set to hear arguments in two cases concerning the pleading standard in securities fraud class actions....more

Carlton Fields

Alabama Federal Court Holds That Tort of Bad Faith Does Not Extend to Reinsurance Contracts

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In Alabama Municipal Insurance Corp. v. Munich Reinsurance America Inc., the U.S. District Court for the Middle District of Alabama addressed whether, under Alabama law, “reinsurance falls within the limited category of...more

IMS Legal Strategies

A New Focus for Defense Voir Dire: Safetyism

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As we speak, plaintiff attorneys are leveraging the spread of safetyism—a widespread expectation of 100% safe, 100% of the time—to obtain nuclear verdicts. This is not just another “reptile” strategy that preys on their fear...more

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