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Appeals Trial Court Orders

Rumberger | Kirk

Third DCA: Expert Witness Determinations Under the Highly Deferential Abuse-of-Discretion Standard

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The Florida Third District Court of Appeal recently ruled that the trial court did not abuse its discretion in striking Plaintiff’s causation expert in a medical malpractice case. In Berta Fertil v. University of Miami,...more

Patton Sullivan Brodehl LLP

The Hoops and Hurdles of Bringing Claims Against Local Governmental Entities

The path to bringing claims against local governmental entities, such as cities and counties, is one filled with obstacles that can deliver a fatal blow to the uninformed claimant’s claim. The creation of California’s...more

Sunstein LLP

Trial Court Ruling Threatens Patent Portfolio Development

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A recent decision by a San Francisco federal district court judge imperils the way many significant patent portfolios are developed. In Sonos v. Google, Judge William Alsup held that two patents asserted by Sonos against...more

Patton Sullivan Brodehl LLP

Derivative Claim Upheld for Estate of Deceased LLC Member

Asserting claims derivatively on behalf of an LLC, as opposed to directly on behalf of an LLC member, can be tricky business for even experienced litigators.  The requirements for derivative claims have been explored in...more

Woods Rogers

What to Watch for at Trial in Virginia Courts to Avoid Having Your Appeal “Disqualified” or “Sent to the Rear”

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With the expansion in the size and scope of the Court of Appeals of Virginia on January 1, 2022, civil litigators in Virginia have an increased likelihood of a full appeal of virtually any trial court decision. However, since...more

White and Williams LLP

What a Difference a Day Makes: Mississippi’s Discovery Rule

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The discovery rule applies to latent injuries, such that the statute of limitations does not begin to run until the plaintiff knows of or should have known of the injury. In Western World Ins. Group v. KC Welding, LLC, No....more

Fisher Phillips

California Litigation No Longer Automatically Stayed During Appeal Thanks to New Law Just Signed by Governor

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Governor Gavin Newsom just signed into law a bill which provides that California trial court proceedings are not automatically suspended during the appeal of an order dismissing or denying a petition to compel arbitration....more

ArentFox Schiff

Ninth Circuit Reissues Opinion for the Second Time in Suit Challenging United Behavioral Health’s Mental Health Coverage...

ArentFox Schiff on

Last week, the US Court of Appeals for the Ninth Circuit, in its third opinion in the case, reversed a lower court’s decision allowing patients challenging United Behavioral Health’s (UBH) internal mental health coverage...more

Carlton Fields

The Adoption of Proposed Orders Verbatim: Avoiding Reversible Error

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In nearly all areas of the law, the parties’ submission of proposed orders to the trial court is a ubiquitous and long-standing practice. And for nearly just as long, the judiciary has recognized the significant due process...more

Perkins Coie

Trial Court Cannot Retain Jurisdiction if Terms of Peremptory Writ of Mandate are Fully Satisfied

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The trial court improperly retained jurisdiction of a CEQA challenge after the City of San Diego filed a return to the peremptory writ of mandate confirming that it had rescinded the project approvals and thereby satisfied...more

Foley & Lardner LLP

Texas Legislature Passes Bill Creating Specialized Business Trial Courts: 12 Things You Need To Know Now

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On May 25, 2023, the Texas Legislature passed HB 19, legislation that creates specialized business courts. The bill now will make its way to the Governor’s desk for consideration. Here is what you need to know now:...more

Harris Beach PLLC

Fourth Department Applies Special Duty Rule to Child Victim Act Case

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In Weisbrod-Moore v. Cayuga County, on May 5, 2023, the Appellate Division, Fourth Department, reversed the trial court’s denial of the county’s pre-answer motion to dismiss an action brought pursuant to the Child Victims...more

Perkins Coie

Court Orders Refund of All Unexpended Fees in Landmark Mitigation Fee Act Case

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A recent decision highlights the importance of strict compliance with the Mitigation Fee Act’s requirement that findings be made every five years concerning unexpended fees. The Sixth District Court of Appeal held that the...more

Pillsbury Winthrop Shaw Pittman LLP

Developments in Association Law 2021 – 2022

A review of notable cases and regulatory developments for nonprofit organizations at the federal and state levels in 2021 and 2022. Governance - Striltschuk v. Hryckowian, 202 A.D.3d 497, 160 N.Y.S.3d 56 (2022) - ...more

Patton Sullivan Brodehl LLP

APNs Do Not Define Title To Real Property

In a prior post from 2020, Money and Dirt covered an opinion from California’s Fourth Appellate District holding that an Assessor’s Parcel Number (APN), by itself, “does not necessarily demonstrate the actual, physical...more

Butler Snow LLP

Job-Seeking Posers Found to Have Standing to Challenge “Unauthorized Access” Statute

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Activists have standing to challenge a state law that prohibits unauthorized access to businesses for the purpose of sending undercover informants to apply for jobs, the United States Court of Appeals for the Eighth Circuit...more

Fox Rothschild LLP

The Evidence Of Cash Is Coming A Little Too “Laight”

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This decision issued on a non-precedential basis on April 13, 2021, represents every divorce litigator’s nightmare. Unfortunately, the decision on appeal to remand the case offers the litigants a chance to relive what...more

Farella Braun + Martel LLP

Pandemic Restriction Challenges Face Uphill Battle in California

On Dec.16, 2020, in Midway Venture LLC v. County of San Diego, the San Diego Superior Court preliminarily enjoined enforcement of two COVID-19-related California public health restrictions as applied to two adult...more

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

Environmental Site Assessment Plan/Civil Penalty: Indiana Appellate Court Addresses Whether Incarceration Pursuant to a Contempt...

The Court of Appeals of Indiana (“Court”) addressed in a December 29th Memorandum Decision (“Decision”) issues arising out of a lower court’s contempt citation which imposed incarceration on an individual for failure to pay a...more

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

Lead Paint Litigation: Federal Appellate Court Addresses Delaware County's Intention to File Lawsuit

The United States Court of Appeals, Third Circuit (“Court”) addressed in a July 31st opinion issues arising out of Sherwin-William Company’s (“Sherwin-Williams”) lawsuit challenging a Delaware county’s alleged intention to...more

Jones Day

From the Top in Brief - June 2020

Jones Day on

The U.S. Supreme Court recently handed down three rulings potentially impacting bankruptcy cases. Nunc Pro Tunc Relief - In Roman Catholic Archdiocese of San Juan v. Acevedo Feliciano, No. 18-921, 2020 WL 871715 (U.S....more

Butler Weihmuller Katz Craig LLP

Butler's Thursday Tips #5 | What is Appellate Law?

Partner Anthony Russo offers insights on the practice of Appellate law. Stay tuned to find out more helpful tips! #ButlerLegal #ThursdayTips #ThursdayThoughts ...more

Greenberg Glusker LLP

Nunc Pro Tunc Anyone?

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On February 24, 2020, the United States Supreme Court ruled in a case Roman Catholic Archdiocese of San Juan v. Feliciano in connection with removal of a state court matter to Federal court, something that may have a...more

White & Case LLP

No third party production: FRC loses its demand for Sports Direct's privileged documents

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Court battles with regulators over privilege and the disclosure of documents are becoming increasingly common. However, it is not often that you see a regulator seeking to obtain the privileged documents of a third party who...more

Burr & Forman

Did the Supreme Court Really Ban Nunc Pro Tunc Orders?

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The U.S. Supreme Court in Roman Catholic Archdiocese of San Juan, Puerto Rico v. Acevedo Feliciano, No. 18-921, 2020 WL 871715, at * (U.S. Feb. 24, 2020) in a per curiam opinion that turned on a state court’s jurisdiction...more

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