News & Analysis as of

Evidentiary Hearings Appeals

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

McDermott Will & Emery on

Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

McDermott Will & Emery

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

McDermott Will & Emery on

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

Downey Brand LLP

Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?

Downey Brand LLP on

There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened...more

Downey Brand LLP

Court May Compel Mediation of California Trust Disputes

Downey Brand LLP on

Trust and estate litigators, and mediators, are buzzing over a recent decision from the California Court of Appeal that validates mandatory mediation of trust disputes. In Breslin v. Breslin (Case No. B301382, decided...more

Foley & Lardner LLP

Arbitrator Snooze … You Lose? A Reminder to Raise Specific Objections to an Arbitrator First, or Risk Forfeiting Them on Appeal

Foley & Lardner LLP on

You represent a business owner who ends up arbitrating a dispute with a supplier. After spending tons of time and money preparing for the 5-day evidentiary hearing, you look up to hear snoring from the arbitrator - he fell...more

Hinshaw & Culbertson - Insights for Insurers

The Latest Decision in the Global Re Case: On Treatment of Expenses under Facultative Reinsurance Certificates

The Bellefonte Cap - The Bellefonte Cap is a shorthand reference to the "reinsurance accepted" limit set forth in a facultative certificate generally capping the reinsurer's obligations with respect to loss and expense...more

Farrell Fritz, P.C.

Unique Procedural Rule Requires Transfer of Article 78 Proceeding to Appellate Division

Farrell Fritz, P.C. on

A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more

Burr & Forman

Eleventh Circuit Holds Informational Mortgage Statement After Bankruptcy Discharge Not a 524 Violation

Burr & Forman on

In Roth v. Nationstar Mortgage, LLC, the Eleventh Circuit Court of Appeal addressed a recurring issue involving whether or not sending monthly mortgage statements regarding a discharged mortgage debt violates the discharge...more

Pierce Atwood LLP

Mass. Legislature Weighs Changes to Zoning Act; Quick Decision on Plaintiff’s Standing is Proposed

Pierce Atwood LLP on

Two bills pending at the Massachusetts State House would amend the state Zoning Act, known as Chapter 40A, which governs zoning in every Massachusetts city and town except Boston. The Zoning Act is seldom amended, even though...more

Fox Rothschild LLP

Right For The Wrong Reasons, Redux

Fox Rothschild LLP on

Not too long ago, I blogged about the Court of Appeals’ analysis and results in In re CMB. In that child custody case, the North Carolina trial court cited an inapplicable statute to assume temporary emergency jurisdiction...more

Winstead PC

Codicil Was Properly Rejected Because It Did Not Adequately Refer To Last Will And Testament

Winstead PC on

In In the Estate of Hargrove, two daughters offered their mother’s last will and testament dated in 2017 for probate. No. 04-18-00355-CV, 2019 Tex. App. LEXIS 1703 (Tex. App.—San Antonio March 6, 2019, no pet. history). Their...more

Bass, Berry & Sims PLC

Chris Lazarini Provides Insight on "Remmer Hearing" in Juror Influence Allegations

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Bass, Berry & Sims attorney Chris Lazarini provided insight on a case in which a former broker sought to overturn a jury verdict finding him guilty of securities fraud, obstruction of justice and wire fraud by arguing, among...more

Jones Day

Unsupported Assertions: Expert’s Persuasive Authority Suffers Without Directly Engaging Claim Limitations

Jones Day on

An expert asserting that a patent claim reciting different features than the prior art is nonetheless “equivalent” to the prior art must address and account for the recited limitations head-on, or otherwise lose persuasive...more

Nossaman LLP

Friday Afternoon Eminent Domain Case Review

Nossaman LLP on

On Friday afternoon I decided to take a quick look at the advance sheets for any newly decided appellate cases involving eminent domain. My search revealed an unpublished decision that came out yesterday (September 7, 2017)...more

Pullman & Comley, LLC

Appellate Court Notes

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Appellate Court Advance Release Opinions: AC37813 - Santarsiero v. Planning & Zoning Commission - A planning and zoning commission (PZC) was entitled to use its discretion in waiving a landscape buffer requirement...more

Hinshaw & Culbertson LLP

Where Attorney Fees Are An Incident To A Cause Of Action, They Need Not Be Pleaded And Proven

In Faton v. Ahmedo, 2015 DJDAR 5256, the California Court of Appeal for the Fourth Appellate District held that where an attorney fee request is a mere “incident to a cause of action,” they need not be pleaded and proven, as...more

Pullman & Comley, LLC

Appellate Court Notes - Week of February 17

Pullman & Comley, LLC on

AC35201, AC35270 - Henderson v. Lagoudis - The “law of the case” doctrine does not preclude a trial court from re-considering subject matter jurisdiction (standing of the plaintiff in this case), even if the plaintiff...more

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