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Discovery Real Estate Development

Farrell Fritz, P.C.

Utilizing CPLR 3102(c) Pre-Action Discovery in the Article 78 Proceedings – Can’t Go Fishin’

Farrell Fritz, P.C. on

Last February, in Dreyer v Stachecki, 2020 NY Slip Op 50134(U), the Suffolk County Supreme Court denied an unopposed motion for pre-action discovery. CPLR Section 3102(c) authorizes disclosure – prior to commencement – to aid...more

Miller Starr Regalia

“For the Record”: Fourth District Holds CEQA’s “Mandatory” And “Broadly Inclusive” Administrative Record Statute Requires Lead...

Miller Starr Regalia on

In a 77-page published opinion filed on July 30, 2020, the Fourth District Court of Appeal (Div. One) issued a writ of mandate largely overturning San Diego Superior Court rulings denying plaintiffs’ motions to compel...more

Bilzin Sumberg

Stronger than Before: A Q&A with Al and Joy About the Future of the Development and Redevelopment of South Florida

Bilzin Sumberg on

Referring to the disruptions brought on by the COVID-19 crisis as the “new normal” has quickly become part of our everyday lexicon. Rising above a crisis, however, is more about adapting to change and innovating than it is...more

Farrell Fritz, P.C.

Nothing in Life (and Litigation) is Free: Surrogate’s Court Awards a Non-Party $40,000 in Counsel Fees for Complying with a...

Farrell Fritz, P.C. on

New York CPLR 3122(d) provides that the “reasonable production expenses” incurred by a non-party’s compliance with a subpoena shall be defrayed by the party issuing the subpoena....more

Robins Kaplan LLP

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

Robins Kaplan LLP on

Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more

Robins Kaplan LLP

Your Daily Dose of Financial News

Robins Kaplan LLP on

Elon Musk had some explaining to do in light of his “funding secured” tweet on August 7 in the context of taking Tesla private, and he’s gone to the corporate blog to do so, arguing that his meetings with representatives of...more

Carlton Fields

For “At-Issue Waiver,” The Best Defense May Not Be An Affirmative Defense

Carlton Fields on

As this blog has repeatedly documented, it can be hard for insurers to assert the attorney-client privilege in the context of bad faith litigation. One difficulty arises in states that enforce a presumption against the...more

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