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Butler Snow LLP

50 State Survey: Offer of Judgment Statutes and Rules

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Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more

Foley Hoag LLP - State AG Insights

Recent Trends of State Attorneys General in Healthcare Regulation

State Attorneys General play a significant role in shaping health care policy across the country. While the national debates over health care policy in Congress and the federal government receive significant media attention,...more

Jenner & Block

Client Alert: Key Takeaways from SCOTUS Arguments in Idaho EMTALA Abortion Cases

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The US Supreme Court heard oral arguments on Wednesday in the consolidated cases of Moyle v. United States, Case No. 23-726 and Idaho v. United States, Case No. 23-727. These cases asked the justices to consider whether the...more

Sullivan & Worcester

LePage v. Mobile Infirmary Association: Alabama Wrongful Death of a Minor Statute Applies to Cryogenically Preserved Embryos

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Carole M. Bass and Cara Koss co-authored this article. The authors have long raised as an issue the impact personhood legislation could have on assisted reproduction and, by extension, on estate and trust administration...more

DarrowEverett LLP

As Wiretap Act Claims Abound, ‘Submarine’ Counterattack Launched

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The proliferation of class action lawsuit and arbitration claim filings under the Federal Wiretap Act and various state wiretap statutes has recently grown beyond California, as other states are now beginning to see more...more

Perkins Coie

Q3 2023: Food and CPG Legal Trends Report

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This report is a bite-sized version of our annual year in review, providing timely insights on quarterly trends. In Q3 2023, the Consumer consumer Packaged packaged Goods goods (CPG) industry continued to face a meaningful...more

Bradley Arant Boult Cummings LLP

Federalizing Fla.'s State Court Swamp—Big Changes Are Coming to State's Civil Litigation

Litigating in Florida state court can be a slog. Cases move slowly, discovery can be a hassle, and scheduling is sometimes a headache. Yet judges aren’t to blame—Florida trial courts are overloaded and under-resourced. ...more

Buckingham, Doolittle & Burroughs, LLC

Legal Pulse: “Active Clinical Practice” Requirements Heightened for Expert Witnesses

A seminal issue in many medical malpractice cases involves qualified expert opinions. Under Ohio law, obtaining such experts is a threshold matter for any medical claim;[1] notable legal safeguards exist to ensure that these...more

Farrell Fritz, P.C.

Even as Pandemic Wanes, Remote Depositions Remain the New Normal

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In March 2020, the New York State Courts and attorneys’ offices all over the state shut down as part of the public’s broad effort to slow the spread of the Coronavirus, and the legal profession quickly transitioned to remote...more

Butler Snow LLP

Virtual Jury Trials Are Here to Stay . . . for Now

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For a while, we seemed headed toward resuming in-person jury trials here in Travis County. A few live trials took place under the civil district judges’ pilot program, including a two-week proceeding before Judge Amy Clark...more

Conn Kavanaugh

Jury Trials in Time of COVID: One Lawyer’s Account

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“We have a verdict!”   The familiar cry from the court officer echoes through the empty hallways of the Middlesex Superior Court in Woburn as I sit alone trying to focus on accumulated emails. Scrambling to my feet, I...more

FordHarrison

Monumental Shift to Florida’s Summary Judgment Standard

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Executive Summary: - In a monumental shift for state-court litigators and litigants, the Florida Supreme Court recently decided to forego the established state law standard for summary judgment in favor of adopting the...more

Sheppard Mullin Richter & Hampton LLP

Commercial Division Limits the Reach of New York’s Long-Arm Statute

In Black Diamond Aviation Grp. LLC v. Spirit Avionics, Ltd., 70 Misc. 3d 823 (Sup. Ct. Suffolk Cnty. 2020), Justice James Hudson of the Suffolk County Commercial Division limited the reach of New York’s long-arm statute, CPLR...more

Faegre Drinker Biddle & Reath LLP

New Jury Selection Procedure in California: Is This the End of Peremptory Challenges? Is This the End of Batson?

Jury selection in California is undergoing significant change. In August 2020, the California legislature passed AB 3070, which was signed by Governor Gavin Newsome on September 30. Beginning in 2022, objections to peremptory...more

McDermott Will & Emery

“Jury Trials are Innately Human Experiences.”

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Judge Rodney Gilstrap of the US District Court for the Eastern District of Texas as capitulated, postponing his upcoming trials until March. His order includes some interesting commentary in the footnotes...more

Searcy Denney Scarola Barnhart & Shipley

Is Your Florida Personal Injury Lawyer Board-Certified?

Clients often want to know: “What is the difference between a civil trial attorney and a board-certified civil trial attorney?” Or, simply: “What’s the difference between a lawyer and a board-certified lawyer?"...more

Pierce Atwood LLP

The Law Court’s Answer Is Yes, The Maine Constitution Does Still Matter

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Earlier this year, I asked a question on this blog: does the Maine Constitution, now in its 200th year, still matter? Shortly after, I offered a few reasons why it should still matter, including the Maine Constitution’s...more

Porter Hedges LLP

Alert: "Amendments To The Texas Rules Of Civil Procedure Affect Three Key Areas Of Civil Cases"

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Effective September 1, 2020 (the “2020 Amendments”). and January 1, 2021 (the “2021 Amendments”) two sets of amendments to the Texas Rules of Civil Procedure affect three key areas of civil cases filed after those dates: (1)...more

Fox Rothschild LLP

Fourth Circuit Extends Standing Order 20-01

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The Fourth Circuit has extended its suspension of the Local Rule 36(a) requirement that published opinions have oral argument. Effective immediately, Chief Judge Gregory has extended Standing Order 20-01, originally adopted...more

Carlton Fields

Florida Legislative Amendment Impacting County Court Appeals

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The Florida Legislature recently amended Florida Statutes section 26.012 and, in so doing, eliminated circuit court jurisdiction over most county court appeals. Effective January 1, 2021, most county court rulings will now be...more

Seyfarth Shaw LLP

The Window Has Opened and Other Important CVA Developments

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Gov. Cuomo announced during a press conference on Friday that New York State would be extending the CVA one-year “look back window” until January 14, 2021 due to the COVID-19 pandemic. ...more

Holland & Hart - Your Trial Message

Consider COVID Attitude Changes: The Sudden Appearance of State and Local Government

It is something you sometimes hear at election time: The names you’ve never heard on the state and local sections of the ballot actually have a greater effect on your life. But our attention is usually focused on the top of...more

Seyfarth Shaw LLP

California Residential and Commercial Evictions and Judicial Foreclosures Prevented by Emergency Amendments to California Rules of...

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On April 6, 2020, the California Judicial Council issued emergency amendments to the California Rules of Court regarding evictions under commercial and residential leases and judicial foreclosures....more

Seyfarth Shaw LLP

CA Judicial Council Adopts Rules Concerning Statute of Limitations, Evictions and Judicial Foreclosures, and Remote Accessibility...

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Civil litigators and Superior Courts in California were given some temporary relief from uncertainty this week when the state’s Judicial Council adopted rules to address the COVID-19 pandemic shut downs, including extending...more

Foley & Lardner LLP

Court Procedures: Changes in Response to Coronavirus

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As the Coronavirus pandemic further envelops the United States, many state and local governments enacted stay in place restrictions which limit routine personal and business activities. Despite those orders, a myriad of...more

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