News & Analysis as of

Judicial Proceedings

Carlton Fields

Florida Appeals Court Decisions: Week of September 30-October 4, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Hill - evidence, theft, false claim - Gilmore v. Ga DOC - en banc grant, vacating this qualified immunity decision - Johnson v. Terry - Bivens claims, rehearing...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 23-27, 2024

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U.S. Eleventh Circuit Court of Appeals - USA v. Holland - hearsay, coconspirators - USA v. Moore - theft of property, maritime, jury instruction - USA v. Cenephat - evidence, other bad acts; sentencing- Corbitt v....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 16-20, 2024

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U.S. Eleventh Circuit Court of Appeals - McCreight v. Auburn Bank - employment; sex, age discrimination, mixed motives - USA v. Butler - right to self-representation; drug possession evidence - Turner v. Jordan - ad...more

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Carlton Fields

Florida Appeals Court Decisions: Week of September 9-13, 2024

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Florida Supreme Court - Tallahassee - Sexton v. State - capital case, direct appeal - In re Fla R Mediators - amended rules - In re Fla R Juv P - amended rules...more

Carlton Fields

Florida Appeals Court Decisions: Week of September 2-6, 2024

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USA v. Wall - competency, RICO, trafficking, evidence, instructions, sentencing... Steines v. Westgate Palace - arbitration, Military Lending Act... USA v. Deleon - sentencing, physically restrained... USA v....more

Sands Anderson PC

Fair Notice to Pro Se Litigants: Eastern District of Virginia Set to Modify Roseboro Warnings

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Almost 50 years ago, the U.S. Court of Appeals for the Fourth Circuit, in a short, six paragraph opinion, ruled that pro se parties, those without lawyers, are entitled to “notice sufficiently understandable to [the pro se...more

U.S. Legal Support

Bench Trial vs. Jury Trial: Preparing for Each

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When a case proceeds to trial, a legal team may face a critical decision about whether to have it adjudicated by a jury of peers or a single judge. Both options can offer benefits depending on the merits and subject matter...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 26-30, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals USA v. Schwarzbaum - IRS, penalties ECB v. Chubb - insurance, policy interpretation, financial institution Boyd v. DOC - postconviction relief Eknes-Tucker v. Ala Gov - en...more

Farrell Fritz, P.C.

Freedom (But with Consequences): In Delaware, Absolute Litigation Privilege Inapplicable to Nullify Contractual Non-Disparagement...

Farrell Fritz, P.C. on

The absolute litigation privilege is a long-standing legal principle that statements made during the course of a judicial proceeding by participants in the proceeding (whether parties, attorneys, witnesses, or judges) are...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 19-23, 2024

Carlton Fields on

Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire fraud, false statements, evidence,...more

Hinshaw & Culbertson - Lawyers for the...

Absolute Litigation Privilege Bars Claims Stemming From Communications Related to Litigation

Michael Qualizza v. Neil D. Freeman, et al., 2024 IL App (1st) 231534-U (July 26, 2024) - Brief Summary - The First District Appellate Court in Illinois reaffirmed the broad scope of the absolute litigation privilege in...more

Carlton Fields

Florida Appeals Court Decisions: Week of August 12-16, 2024

Carlton Fields on

U.S. Eleventh Circuit Court of Appeals - Lange v. Houston Cnty - en banc vote vacating this decision, health insurance, gender - Calderon v. Sixt - car rental, contract breach, FDUTPA - USA v. Bell - mail fraud, wire...more

Troutman Pepper

Attorneys Face Potential Sanctions for Alleged Misuse of AI

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A federal judge in the Western District of Virginia has ordered a plaintiff’s attorneys to show cause why they should not be sanctioned for the alleged misuse of artificial intelligence (AI)....more

Carlton Fields

Florida Appeals Court Decisions: Week of August 5-9, 2024

Carlton Fields on

Commodities & Min v. CVG - arbitration confirmation - USA v. Bush - escape, instructions, mens rea - AW v. Coweta Cnty Sch Dist - ADA, Title II, emotional distress damages - USA v. Munoz - denaturalization, estoppel - ...more

Vinson & Elkins LLP

Everything You Need to Know About Texas’s Business Courts

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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more

Husch Blackwell LLP

Not So Fast: The Supreme Court of the United States Holds District Courts Should Not Dismiss Lawsuits Pending Arbitration

Husch Blackwell LLP on

On May 16, 2024, the Supreme Court of the United States (“SCOTUS”) unanimously held that when a district court finds that when a lawsuit involves an arbitrable dispute and a party has requested a stay of the court proceeding...more

Womble Bond Dickinson

Supreme Court Clarifies Arbitration Clauses: Key Takeaways for Companies

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Recent decisions by the U.S. Supreme Court in Smith v. Spizzirri, 601 U.S. 472 (2024) and Coinbase, Inc. v. Suski, 144 S. Ct. 1186 (2024) provide important guidance for companies utilizing arbitration clauses in their...more

Farrell Fritz, P.C.

Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

Farrell Fritz, P.C. on

It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

Carlton Fields

Changes Are Coming to SDNY and EDNY Joint Local Rules

Carlton Fields on

On October 16, 2023, judges from the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York published proposed changes to their joint local rules. As the...more

Bressler, Amery & Ross, P.C.

Supreme Court Clarifies Mandatory Stay Requirement Under the Federal Arbitration Act

On May 16, 2024, the Supreme Court of the United States issued a unanimous decision in Smith v. Spizzirri. This decision brings much-needed clarity to the proper procedure for federal courts, when dealing with cases involving...more

Farrell Fritz, P.C.

Proposed Trial Rules Reboot (Commercial Division Rules 25-33): Stay Tuned

Farrell Fritz, P.C. on

Since the inception of the New York State Supreme Court Commercial Division Rules in 1993, the rules have been consistently amended and refined by judges with practitioners’ input to “improve the efficiency with which such...more

Mayer Brown

UK Court of Appeal declines to modify diplomatic immunity rules, upholding immunity of the President of Mozambique

Mayer Brown on

In February 2024, the Court of Appeal of England & Wales upheld a September 2023 decision of the Commercial Court in The Republic of Mozambique v Credit Suisse International And Others (No.10), finding that: (1) the President...more

Pullman & Comley, LLC

Location, Location, Location: Connecticut Legislature Clarifies Venue Rules

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Public Act 24-108, passed at the conclusion of Connecticut’s 2024 Legislative Session and signed into law by Governor Lamont on June 4, brings needed statutory clarity to where a business entity may initiate a lawsuit in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Natural Resource Damages/Oil Pollution Act Enforcement: United States/Arkansas Game and Fish Commission File Judicial Action...

A complaint was filed in the United States District Court for the District of Arkansas against ExxonMobil Pipeline Company, LLC and Mobil Pipe Line Company (collectively, “Exxon”) addressing the 2013 release of oil from the...more

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