News & Analysis as of

Failure to Object

Fox Rothschild LLP

Southern Hospitality: Difference Between Leaving an Error Preservation Door Unlocked And Inviting Someone to “Come on In”

Fox Rothschild LLP on

When you read about someone breaking into an unlocked door in rural North Carolina you may hear sighs about the death of the good old days. But leave the front door wide open all night and even the sweetest southern grandma...more

Carlton Fields

Form Over Substance? High Court Agrees to Take a Look at an Old Fifth Circuit Rule Requiring Formal Objection

Carlton Fields on

A recent grant of certiorari will determine whether formality should prevail over the reality of what the trial court unquestionably knows. On June 3, 2019, the Supreme Court granted certiorari in Holguin-Hernandez v. United...more

Spilman Thomas & Battle, PLLC

When Does Overpayment Actually Occur?

In Reed v. Exel Logistics, Inc., No. 17-0864, 2018 WL 2769041 (W. Va. June 6, 2018), the Supreme Court of Appeals of West Virginia clarified the circumstances necessary for an employer to claim overpayment of temporary total...more

Seyfarth Shaw LLP

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Burr & Forman

Change in How SC Supreme Court Views Conspiracy Claims May be Coming

Burr & Forman on

As our various courts decide cases, we watch to see if there are any trends that seem to be developing or whether a case signals that the courts are beginning to change how they view a particular issue or type of case. We've...more

Pullman & Comley, LLC

Appellate Court Notes

Pullman & Comley, LLC on

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

McDermott Will & Emery

PTAB Is Unimpressed by Over-Lawyering - Medtronic, Inc. v. Norred

McDermott Will & Emery on

Addressing a patent owner’s objections to demonstrative exhibits, the U.S. Patent and Trademark Office’s (PTO’s) Patent Trial and Appeal Board (PTAB) overruled the objection of the patent owner’s representative and encouraged...more

Obermayer Rebmann Maxwell & Hippel LLP

Failure to Object to Court Procedure Waives Issue on Appeal

In the area of family law, there are many different types of proceedings that occur. However, when one of the proceedings is a record hearing, if an objection is not made to a particular issue, it is waived on appeal....more

Charles E. Rounds, Jr. - Suffolk University...

The enforceability of a trust accounting clause’s failure-to-object provision (the non-judicial settlement of trustees’ accounts)

It is common for the accounting clause of an inter vivos trust instrument to contain a provision along the lines of the following: “The written approval of such an account by the person or persons thus entitled to such...more

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