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Court rules typically govern, among other things, court procedures, filing requirements, and timelines/deadlines for filing papers. Failing to comply with court rules and procedures can lead to serious and potentially costly...more
The United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00...more
Practicing law at a socially appropriate distance has forced many litigators to broadly consider the value of face-to-face interaction—and what may be lost in its absence. A recent Pennsylvania Supreme Court opinion...more
On April 27, 2020, the U.S. Supreme Court decided New York State Rifle & Pistol Association, Inc., v. City of New York in a per curiam decision, holding that a claim for declaratory and injunctive relief against New York...more
During my tenure as a judicial clerk on the U.S. Court of Appeals for the Ninth Circuit, I found the most misused element of appellate practice to be submissions of supplemental authority under Federal Rule of Appellate...more
• Central District of California Local Rule 23-3 requires plaintiffs to file a motion for class action certification within 90 days of service of the complaint. • The 9th Circuit in ABS Entertainment overturned Local Rule...more
Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more
The First Circuit Court of Appeals recently released its proposed amendments to Local Rule 25.0, governing the use of electronic document filing (“e-filing”). While Many of the proposed amendments incorporate familiar aspects...more
If you have recently filed appeals in both the Second District Court of Appeal and in one of Florida’s other district courts, then you know that the appellate courts have been using two different filing portals since e-filing...more
This week, the Federal Eleventh Circuit stole an unwitting appellant’s Christmas in Parker Auto Body, Inc. v. State Farm Mutual Automobile I, No. 16-15470 (11th Cir. Dec. 5, 2016). ...more