Evidence, Motion for Reconsideration

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

Fox Rothschild LLP on 8/30/2024

The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

Is It Proper to Raise New Arguments or Submit New Evidence in a Motion for Reconsideration?

Dickinson Wright on 6/6/2024

A version of this article was previously published in the Michigan Defense Quarterly, Vol. 40, No. 3 (2024). There may be times when a party facing an adverse summary disposition decision (whether it be the grant or denial...more

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

McDermott Will & Emery on 11/10/2023

In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 2) - A Guide To Practicing In The U.S. District...

Troutman Pepper on 2/3/2020

As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more

New York Federal Court Denies Cedent’s Motion For Reconsideration In Reinsurance Dispute Regarding Expense Provisions

Carlton Fields on 6/13/2018

This case was previously reported by us on April 30, 2018. As we previously reported, on March 20, 2018, a New York federal court largely denied the motions for summary judgment of both plaintiff, Utica, and defendant, Munich...more

No Genuine Issue of Fact Where Petitioner’s Claim Construction Is Wrong

Jones Day on 5/30/2018

The PTAB’s recent decision denying rehearing in United Microelectronics Corp. v. Lone Star Silicon Innovations LLC, IPR2017-01513, Paper 10 (PTAB May 22, 2018) sheds light on the Board’s practice under 37 C.F.R. 42.108(c),...more