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Appellate Courts Rules of Civil Procedure

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Smith Anderson

The Journey To Lawsuit Resolution in North Carolina Federal Courts

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Fourth Circuit decision highlights the wide discretion federal district courts have to manage their calendars. The timing of litigation in federal courts is case-specific and hard to predict, but data from North Carolina...more

Bradley Arant Boult Cummings LLP

Navigating Desbrunes: Implications and the Case for Overturning

In a less-than-thousand-word opinion, the Fourth District Court of Appeal of Florida put foreclosure cases across Florida in jeopardy. Namely, in all foreclosure cases in which a borrower is deceased, unless the legal...more

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

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Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

Latham & Watkins LLP

English Court of Appeal Ruling on Alternative Dispute Resolution Aims to Weed Out Resolvable Litigation

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A recent ruling confirms judicial discretion to stay proceedings and instruct parties to seek non-court-based alternatives to litigation. The UK Court of Appeal has ruled that the court has the authority to stay...more

Winstead PC

Court Rules That There Is No Right To A Jury Trial In A Trust Modification Suit And Affirms The Modifications Of A Trust

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First Appellate Decision. In In re Troy S. Poe Trust, a co-trustee of a trust filed suit to modify the trust to increase the number of trustees and change the method for trustees to vote on issues as well as other...more

Husch Blackwell LLP

Missouri Court of Appeals Reverses $700,000 Post-Judgment Interest Award in Wrongful Death Case

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In reversing nearly $700,000 in post-judgment interest, the Missouri Court of Appeals for the Western District clarified that post-judgment interest can be recovered only after the trial court enters a final judgment....more

Saiber LLC

Third Circuit Amends Filing Deadlines to 5:00 p.m. ET

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The United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00...more

Fox Rothschild LLP

School Fees and the Lockdown (Plus an Update on Pendent Appellate Jurisdiction and Amended Rule 54(b) Certifications)

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The legal aftershocks of the COVID-19 pandemic will be surfacing for years to come. But for those waiting for pendent-appellate jurisdiction and Rule 54(b) sightings, a recent Court of Appeal opinion combines appellate...more

Awatif Mohammad Shoqi Advocates & Legal...

Method of Dispute Settlement in Commercial Trade in the UAE

United Arab Emirates has made its mark as the go-to jurisdiction for commercial trade for countries all across the globe. While there is no doubt that UAE is the preferred destination for setting up new businesses, opening up...more

Butler Weihmuller Katz Craig LLP

Trial Lawyers, Don't Lose Your Appeal

September 6, 2022 Every appellate attorney’s dream is a well-developed record on appeal without any unpreserved errors. But that is not always possible. The recent amendment to Florida Rule of Civil Procedure 1.530(a), issued...more

Fuerst Ittleman David & Joseph

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard

1.510 Summary Judgment Update: Florida Courts of Appeal Continue to Clarify Florida’s New Summary Judgment Standard On May 1, 2021, the Florida Supreme Court overhauled its summary judgment standard by amending Florida...more

Fox Rothschild LLP

Another Smorgasbord Of Opinions From The Court Of Appeals

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On May 3, 2022, the North Carolina Court of Appeals issued a large batch of opinions. By my count, twenty-two were published and thirty were unpublished. While history may prove me wrong, none of the published opinions...more

Sands Anderson PC

Virginia Court of Appeals: From Inception to Expansion

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In Article VI of the Constitution of Virginia, the judicial power of the Commonwealth is vested in the Virginia Supreme Court and in “other courts of original or appellate jurisdiction subordinate to the Supreme Court as the...more

Sands Anderson PC

A Trap for the Unwary: Defaulting Related, but Different, Issues on Appeal

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Evans v. Evans has rightly received attention for its helpful discussion of when notice by publication is permitted. Less prominently featured, but as important for appellate practitioners, is the Supreme Court’s discussion...more

Sands Anderson PC

Fixing the Appellate Record When It’s Broken: Undoing Clerical Errors

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In U.S. v. Jenkins, the U.S. Court of Appeals for the Fourth Circuit handed down an opinion with an interesting wrinkle for appellate practitioners. It took up the question of when an appellate record that’s incomplete, on...more

Woods Rogers

Effect of Expanded Jurisdiction of Virginia Court of Appeals on Community Associations

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Legal Alert for Community Associations: Community associations should take notice that Virginia recently became the final state to allow civil litigants a right to appeal a circuit court ruling.  ...more

Dentons

Litigation Quick Take: Appeals

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Q:  What does it mean when my case has been appealed? A: If your case is appealed, it can mean different things depending on the venue and stage of litigation....more

Haight Brown & Bonesteel LLP

Writs in the pandemic era of litigation

Most litigators know the value of an appeal. The case is over and the trial court has entered judgment, but the results are unsatisfying. Perhaps there was an erroneous jury instruction or some vital piece of evidence was...more

Fox Rothschild LLP

Navigating Trial Decisions Through An Appellate Framework

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Trial lawyers have a hard job, and it’s easy for appellate lawyers reviewing a cold record to find fault in the decisions made by their predecessors. As others have recognized, a symbiotic relationship can occur when a trial...more

A&O Shearman

The International Chambers of the Paris Courts and Their Innovative Rules of Procedure

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The new international divisions of the Paris Commercial Court and the Paris Court of Appeal, also known as the “International Chambers,” will start operating imminently. Under highly innovative rules of procedure (the...more

Clark Hill PLC

In Appellate Courts, (Seemingly Almost) Every Day’s a Holiday

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As this is being written, the office is quiet because it’s a federal holiday, and the weather forecasters are predicting Snowmageddon (defined as a 1% or more chance of one or more particles of frozen precipitation falling...more

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