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Litigation Strategies Motion for Summary Judgment

Adams and Reese LLP

Don’t Hold Your Fire: How to Oppose Dispositive Motions

Adams and Reese LLP on

Suppose you’re about to be attacked by a bear. There you are, enjoying nature and minding your own business when you spot the hairy beast lumbering toward you. You have three shells left in your shotgun, but you feel...more

Goldberg Segalla

Talc Supplier’s Motion for Summary Judgment Denied as to Causation, Granted as to Punitive Damages

Goldberg Segalla on

Court: Supreme Court of New York, Erie County - In this asbestos matter, plaintiffs claimed that decedent, Jeffrey Campise, was exposed to asbestos through consumer talcum powder products. Plaintiffs filed suit against a...more

Rumberger | Kirk

Motion Practice, Jerry Springer-Style: When Zealous Advocacy Becomes Unprofessional Conduct

Rumberger | Kirk on

A recent order by Senior U.S. District Judge Donald L. Graham provides a strong reminder to Florida attorneys to remember their duties under the Florida Bar Oath of Admission and the Florida Bar’s Creed of Professionalism...more

Manatt, Phelps & Phillips, LLP

We Are All Commercial Litigators Now: NY Commercial Division Rules Become Agents Of Change

From their creation in 1993, the New York State Supreme Court Commercial Division Rules have been developed and refined by judges and practitioners to pursue the twin goals of cost containment and fair adjudication....more

PilieroMazza PLLC

Judgment on the Pleadings: An Underutilized and Potentially Devastating Tool in the Litigator's Pre-Trial Arsenal

PilieroMazza PLLC on

Motions for judgment on the pleadings are an often misunderstood and underutilized tool in the litigator’s arsenal. A motion made under Federal Rule of Civil Procedure 12(c) (or a similar state rule of procedure where...more

Bradley Arant Boult Cummings LLP

No. 2 of the Top 10 Horrible, Terrible, No Good Mistakes Lawyers Make in Mediations

This post is a continuation of the 10 most horrible, terrible, no good, “bang your head against the door” mistakes that I have seen lawyers make before, during and after mediations in which I was the mediator. As stated in...more

Jackson Walker

The Facts in the “Abstract”

Jackson Walker on

“We demand rigidly defined areas of doubt and uncertainty!” -Douglas Adams, Hitchhiker’s Guide to the Galaxy It seems that Douglas Adams has a great many fans in the universe of IP law. While he almost...more

Farrell Fritz, P.C.

Check the Rules Part III

Farrell Fritz, P.C. on

Visitors to this blog may recall our recent posts concerning the individual practice rules of Manhattan Commercial Division Justice Bransten and Queens County Commercial Division Justices Gray and Livote. “Check the rules!”,...more

WilmerHale

Pre-Claim Construction 101 Motions: Tips For Both Sides

WilmerHale on

Since the U.S. Supreme Court issued its decision in Alice Corp. Pty. v. CLS Bank Int’l on June 19, 2014, there have been a surge of motions filed and granted that have invalidated patent claims for claiming patent-ineligible...more

Carlton Fields

Waiver By Confusion: When There Is a Split of Authority, Do You Know Where Your Court Stands?

Carlton Fields on

Recognizing splits of authority and knowing where your court stands on the issue can be critical to avoid waiver. Lawson v. Sun Microsystems, Inc., 791 F.3d 754 (7th Cir. 2015), cert. denied, 84 USLW 3130 (U.S. 2016),...more

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