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Litigation Strategies Pleadings

Farrell Fritz, P.C.

Hybrid Highlights: Avoiding the Pitfalls of a Land Use Litigation Technique

Farrell Fritz, P.C. on

All civil judicial proceedings must be in the form of an action – unless otherwise authorized by statute, i.e. in the form of a special proceeding (see CPLR 103[b]). While most lawsuits are brought solely in the form of...more

Butler Snow LLP

Recent Changes to the Mississippi Rules of Civil Procedure

Butler Snow LLP on

The last quarter of 2024 and the beginning of 2025 saw multiple amendments to the Mississippi Rules of Civil Procedure that will impact Mississippi practitioners. The three primary Rule changes are: (1) third-party...more

Goldberg Segalla

Defending HIMP-1 Claims in New York

Goldberg Segalla on

If you are receiving dozens – even hundreds – of HIMP-1 demands monthly, you are not alone. And you have options other than simply paying them! The Health Insurance Matching Program (HIMP) process is the means through which...more

Reveal

FRCP 15: What It Means for Litigants and How to Efficiently Prepare for Trial

Reveal on

The Federal Rules of Civil Procedure (FRCP) can be intricate and confusing, especially when it comes to the interplay between various rules. Few aspects of civil litigation present potential pitfalls such as amending and...more

Awatif Mohammad Shoqi Advocates & Legal...

Memorandum Of Defense – A Defendant’s Guide To Fighting A Court Case

If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation...more

Butler Weihmuller Katz Craig LLP

In South Carolina, Documents Outside the Pleadings May Be Utilized to Exclude Coverage

October 27, 2020 - In third party coverage matters, the traditional test to determine whether an insured is entitled to a defense under a commercial general liability policy is the Comparison or Four-Corners Test....more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

Patent Prosecution Tool Kit: Information Disclosure: Avoiding Common Pitfalls

An essential part of U.S. patent prosecution is the duty of disclosure, which requires the disclosure of all known information that is material to patentability. 37 C.F.R. § 1.56....more

White & Case LLP

National Bank Trust v Ilya Yurov: "a Ponzi scheme with a fancy name" – Proving Fraud in the English Courts

White & Case LLP on

National Bank Trust v Ilya Yurov & Ors [2020] EWHC 100 (Comm) provides a useful insight to the English Court's approach to pleading and evidencing fraud, emphasising the importance of properly particularised claims and...more

Skadden, Arps, Slate, Meagher & Flom LLP

Examining Corwin: Latest Trends and Results

The Delaware Supreme Court’s 2015 decision in Corwin v. KKR Financial Holdings LLC1 fashioned a powerful defense in post-closing money damages cases for boards of directors by finding that business judgment deference applies...more

Nutter McClennen & Fish LLP

Panel Discussion on BLS Written Motion Practice: Key Takeaways

Earlier this fall, the Social Law Library sponsored a panel discussion entitled Written Motion Practice at the BLS: A Deep Dive on Effective Techniques. The four BLS judges—Judges Davis, Kaplan, Salinger, and...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - August 2018: Petitioners Must Have Premonition to Win

Measure twice cut once – the same can be said of the Petition in American Invents Act (“AIA”) proceedings. Time and again the Board and Federal Circuit[i] have used the Administrative Procedure Act[ii] (“APA”) – guaranteeing...more

Blake, Cassels & Graydon LLP

Litigation and Dispute Resolution in Canada

This Guide provides an introduction to Canada’s civil litigation and dispute resolution system. It describes the procedures followed in Canada’s civil courts and administrative tribunals, and discusses alternatives to dispute...more

Brooks Pierce

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Brooks Pierce on

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

Levenfeld Pearlstein, LLC

Managing Professional Liability Litigation Against Accounting Firms (Part 2)

This is Part 2 of a three-part series discussing the basic components of a professional liability lawsuit brought against an accounting firm and its partners and the factors a firm’s managing partner should take into...more

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