News & Analysis as of

Appeals › Due Process › Litigation Strategies

Law Office of Jason Ostendorf

Issue Framing Is the New Battleground in Appellate Advocacy

Law Office of Jason Ostendorf on

In appellate practice, there was once comfort in formality. You started with the standard of review, cited black-letter law, and walked the court through a step-by-step application of precedent to facts. But a subtle shift...more

Fox Rothschild LLP

U.S. Supreme Court to Decide Whether the Palestinian Authority Can Be Sued In the United States for Terror Attacks in Israel

Fox Rothschild LLP on

The United States Supreme Court may soon decide whether U.S. victims of terrorist attacks in Israel may sue the Palestinian Authority (“PA”) and the Palestine Liberation Organization (“PLO)” for damages in U.S. courts. In...more

Carr Maloney P.C.

Due Process is due for sanctions under Va. Code § 8.01-271.1

Carr Maloney P.C. on

In a February 18, 2025 unpublished opinion overruling the Circuit Court of Loudon County, the Court of Appeals of Virginia confirmed that under Va. Code § 8.01-271.1, an attorney facing sanctions must be afforded notice and...more

Venable LLP

U.S. Supreme Court Decision Prohibits Plaintiff Recovery of Attorney’s Fees After a Preliminary Injunction Win

Venable LLP on

On February 25, 2025, the United States Supreme Court held that plaintiffs who obtain a preliminary injunction are not eligible for attorney’s fees under 42 U.S.C. § 1988(b) because they do not qualify as “prevailing...more

Fox Rothschild LLP

Decision to Forgo Interview of Special Needs Child in Custody Determination Affirmed

Fox Rothschild LLP on

Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more

Clark Hill PLC

Balancing the Scales: Court Awards Limited Attorney Fees in Lengthy Title IX Due Process Case

Clark Hill PLC on

In this long-running suit against the University of Michigan by a male student accused of sexual assault in 2018, the Court awarded plaintiff $65,067.55 in attorney fees (out of $210,558.15 requested) and $3,982.37 in costs....more

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

When Minor Classroom Misbehavior Escalates to a Federal Court Lawsuit

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

In a recent case, a seventh grade boy was written up by his teacher because she saw him selling candy in class. The student told an assistant principal that he had hidden the candy in the bottom of a garbage can, and a later...more

Littler

Sixth Circuit Provides Expansive Due Process Rights in Title IX Cases

Littler on

In a recent ruling, the U.S. Court of Appeals for the Sixth Circuit held that in conducting Title IX investigations, colleges and universities are required to provide parties an opportunity to cross-examine witnesses in the...more

Orrick, Herrington & Sutcliffe LLP

New Court Decisions Expose Non-U.S. Banks With U.S. Branches To New Risks Of Litigation In American Courts

Orrick, Herrington & Sutcliffe LLP on

Non-U.S. banks with branches in New York and elsewhere in the United States find themselves sued or otherwise exposed to judicial orders in American courts with regularity. The cases reflect the full range of U.S. legal...more

9 Results
 / 
View per page
Page: of 1

"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:
Sign up Log in
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide