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Appeals Objections

King & Spalding

Fifth Circuit Affirms Approval of Bid Protections for Debtor’s Prior Lender Over Unsecured Creditors’ Objection

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On July 25, 2023, the U.S. Court of Appeals for the Fifth Circuit affirmed a bankruptcy court’s approval of a break-up fee and expense reimbursement owed to a debtor’s prior lender, after the lender was not the winning bidder...more

Fox Rothschild LLP

How Not to Act at Trial

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Every now and then, you read a case and just scratch your head. I have been doing this for 30 years and I get how emotional the divorce process can be. I get that some people just don’t want to get divorced, while at the same...more

Seyfarth Shaw LLP

The Seventh Circuit Provides District Courts Ammunition To Deal With “Objector Blackmail” In Proposed Class Settlements

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Seyfarth Synopsis: “Objector blackmail” occurs in the class settlement approval process when a few class members object to a proposed settlement and, after the district court has overruled their objections, pursue appeals...more

Seyfarth Shaw LLP

Seventh Circuit Orders Disgorgement of Settlement Proceeds Paid to Bad-Faith Objectors to Class Action Settlements, Ending...

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When a class action settlement is proposed for approval, the class members have three options, (1) they can remain in the settlement class, (2) opt-out of the settlement to preserve their individual claims, or (3) they can...more

Miles & Stockbridge P.C.

Thomas v. Grant: Several Evidence Errors Force Re-Trial

Often, trial lawyers minimize the importance of a timely evidentiary objection. Trial lawyers think that appellate courts review evidentiary objections under a deferential “abuse of discretion” standard and that one single...more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

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You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Dechert LLP

Appointing a Future Claims Representative: Recent Developments

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A New Jersey District Court recently addressed several issues in connection with the appointment of a future claims representative (“FCR”). In light of the recent increase in mass-tort bankruptcy cases, exploring these issues...more

Seyfarth Shaw LLP

Illinois Appellate Court Rules That Class Settlement Objectors Engaged In Fraud On the Court

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Seyfarth Synopsis: Professional class settlement objectors can be a thorn-in-the-side for employers and class counsel attempting to settle class actions. ...more

Jaburg Wilk

Arizona Court of Appeals Holds Insured Waived Objections to UIM Arbitrator’s Alleged Partiality

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The Holding - In Fisher v. USAA Casualty Insurance Company, 2018 WL 3804114 (Ariz. App. Aug. 7, 2018), a case arising from an underinsured motorist (“UIM”) arbitration, the Arizona Court of Appeals affirmed the trial...more

Seyfarth Shaw LLP

Seventh Circuit Allows Review Of Potential Payments Made To Class Members Objecting To Class Settlement

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In Pearson v. Target Corp., No. 17-2275, 2018 U.S. App. LEXIS 17337 (7th Cir. June 26, 2018), the U.S. Court of Appeals for the Seventh Circuit took aim at self-serving class settlement objectors and ordered the district...more

Clark Hill PLC

What to Do When the Trial Court Won’t Rule

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Sometimes it seems like the trial court is taking forever to rule on a pending motion. Most of the time, the best option – apart from friendly check-ins with the court clerk – is to wait patiently....more

Schwabe, Williamson & Wyatt PC

2017 and Early 2018 Supreme Court and Precedential Patent Cases From the Federal Circuit

Arbitration - Waymo v. Uber Technologies, 870 F.3d 1342 (Fed. Cir. 2017) - Waymo sued Uber and others for trade secret misappropriation and patent infringement. Uber contends that Waymo should be compelled to...more

Snell & Wilmer

What is the Effect of an Untimely Challenge to the Timeliness of a Trustee’s Sale?

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Ever wonder what happens if a person challenges the timeliness of a trustee’s sale after the sale already occurred? Waiver of the argument of course! And, in the case of Wells Fargo Bank, N.A. v. Waltner, the affirmance of...more

Dechert LLP

US District Court: Party to Arbitration Waived "Right to be Heard" Arguments

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The U.S. District Court for the Northern District of Illinois issued an implicit warning to arbitration practitioners in the Urquhart v. Kurlan decision issued two weeks ago: choose your words carefully at the close of...more

Carlton Fields

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

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In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more

Carlton Fields

Quick Trial Checklist

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This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. ...more

Carlton Fields

A Former Appellate Court Judge Offers Tips to Trial Attorneys

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While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate...more

Carlton Fields

Winner Beware: When the Court Overrules Your Opponent’s Objection or Sustains Yours, You May Have a Special Problem

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Every experienced civil trial lawyer knows that when the judge rules against you on an objection at trial, you need to build a record to show that the court’s ruling was not only wrong, but harmful. For generations, and in...more

Foley & Lardner LLP

No Due Process Violation Where Judgment Entered on Patents Not Asserted at Trial

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A recent case reminds litigators to be diligent in protecting their clients’ due-process rights when narrowing a case for trial or risk forfeiting the right to trial altogether. In Nuance Communications v. ABBYY USA Software...more

Morris James LLP

Objections To Magistrate’s Order Regarding Daubert And Anticipation Are Reviewed

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W.L. Gore & Associates, Inc. v. C.R. Bard, Inc., et al., C.A. No. 11-515 -LPS, November 24, 2015. Stark, C.J. The court rules on objections to Magistrate’s rulings on a Daubert motion and a Report and Recommendation on...more

Adler Pollock & Sheehan P.C.

The Raise-Or-Waive Rule: A Trap For Trial And Appellate Counsel

The raise-or-waive rule, arguably one of the most important rules of appellate practice, also is one of the Rhode Island Supreme Court’s most frequently invoked legal doctrines. In its last term, the Rhode Island Supreme...more

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