Connecticut Collections: How to get paid if you are owed money? Part 2: Prejudgment Remedy ("PJR")
A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the...more
On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways...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
Judgments can generally be attacked through either a direct or collateral attack. A collateral attack, as opposed to a direct attack, does not attempt to secure a corrected judgment; rather, it involves an attempt to avoid...more
A contractor client of White and Williams recently found itself in a prickly situation. They had default terminated a subcontractor on a major commercial project and withheld payment to that subcontractor on an outstanding...more
Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
United States Patent and Trademark Office v. Booking.Com B. V., Case No. 19–46 (2020). Adding “.com” to a generic description that is not otherwise capable of being trademarked is permissible if consumers do not view the name...more
Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court in 2017 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 U.S. Supreme Court has ruled that when a final decision has been issued in one of several consolidated civil cases, the losing party can immediately appeal, even if other of the consolidated cases are ongoing. Hall v....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
In the final post of this series addressing competing class litigation, we’ll analyze the sparingly used but sometimes viable strategy of seeking an injunction against a competing class action. Under limited circumstances, it...more
On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...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
On 17 March 2017 Mr. Justice Teare delivered an important judgment concerning the enforcement of foreign (specifically New York) judgments in England. The case involved a New York procedure known as “Judgment by...more
In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...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 In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more
The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to...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
The United States Supreme Court will hand down its decision in the next few weeks in the case of Wellness Int’l Network, Ltd. v. Sharif (“Wellness”), 727 F.3d 751 (7th Cir. 2013) regarding bankruptcy courts’ jurisdiction. ...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