Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR")
In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no...more
While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more
Finding that a California trial court’s statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it....more
As a general rule, the Michigan Court of Appeals’ jurisdiction is limited to appeals of right from a “final judgment or final order.” MCR 7.203(A)(1). In most cases, that will be the “the first judgment or order that disposes...more
Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more
Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme...more
The Texas Supreme Court addressed when – following appeal and remand – an order or judgment of the trial court is “final” for purposes of appellate court jurisdiction in McFadin, III v. Broadway Coffeehouse, No. 16-0560, 2018...more
The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more
Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more
In general, any appeal from a civil action involving claims of patent infringement must be made to the Federal Circuit in Washington, D.C. A recent case from the Ninth Circuit, Amity Rubberized Pen Company v. Market Quest...more
Patent Office’s Decision To Institute IPR Not Reviewable - In IN RE CUOZZO SPEED TECHNOLOGIES, LLC, the Federal Circuit held it lacks jurisdiction to review the Patent Office’s decision to institute inter partes review....more
Nissim Corp. v. ClearPlay, Inc. - In a non-precedential opinion addressing the issue of appellate jurisdiction, the U.S. Court of Appeals for the Federal Circuit dismissed an appeal of a lower court’s denial of two of...more