Litigation Strategies, Motion to Dismiss, Appellate Courts

Third Circuit Case Emphasizes the Limits of Appellate Jurisdiction and the Need for Finality in the District Court

Stevens & Lee on 4/16/2025

In its recent decision in Pets Gifts USA v. Imagine This Company, the U.S. Court of Appeals for the Third Circuit emphasized that while parties may wish to file an appeal, their desires are always subject to the strict...more

Ohio Ruling Highlights Timing Importance for Naming Defendants in Injury Claims

Kohrman Jackson & Krantz LLP on 4/9/2025

An recent Ohio appellate court decision reinforces a critical point for plaintiffs and a crucial defense strategy for defendants: if you don’t properly and timely name individual employees/agents in a lawsuit, you may lose...more

Fraud Claims Found to Be Duplicative of Contract Claim Because of An Overlap in Facts and Circumstances and Damages

Freiberger Haber LLP on 3/24/2025

In Crawford v. Integrated Asset Mgt. Servs., LLC, 2025 N.Y. Slip Op. 01352 (2d Dept. Mar. 12, 2025) (here), the Appellate Division, Second Department reversed the denial of the defendants’ motion to dismiss the plaintiffs’...more

Res Judicata Barred Subsequent Action To Quiet Title Because It Involved Essentially The Same Causes of Action As Asserted In An...

Freiberger Haber LLP on 3/11/2025

Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more

Alimony Terminated for Cohabitation Without a Hearing Because Recipient Refused to Cooperate with Discovery About Her Finances

Fox Rothschild LLP on 2/24/2025

We have written a lot about termination of alimony based upon cohabitation, both before the 2014 Amendment to the alimony statute making it easier, and after the Supreme Court’s decision in the Cardali case. Typically,...more

Ontario Court of Appeal Endorses a Flexible and Contextual Approach to Dismissal for Delay Under the Class Proceedings Act, 1992

Bennett Jones LLP on 1/20/2025

In Tataryn v. Diamond & Diamond Lawyers LLP, 2025 ONCA 5 (Tataryn), the Ontario Court of Appeal clarified the test for determining whether a proposed class action should be dismissed for delay under section 29.1 of the Class...more

Careful What You Ask For: Think Twice Before Asking the Appellate Court to Uphold Pleadings You Failed to Fix in the Trial Court

Carlton Fields on 11/13/2018

In Jackson v. Bank of America, N.A., 898 F.3d 1348, 1358 (11th Cir. 2018), the Eleventh Circuit reminded appellate lawyers that just because they can appeal a case does not necessarily mean they should....more

Litigation Strategies › Motion to Dismiss › Appellate Courts