U.S. Eleventh Circuit Court of Appeals - Grayson v. Ala DOC - capital case, postconviction relief...more
The United States District Court for the Northern District of Illinois, applying Illinois law, has held that an insurer’s complaint plausibly alleged that the insured had breached the terms of the policy’s cooperation clause....more
In a case of first impression, the Texas Court of Appeals held that a party's due process rights were violated where, shortly before trial, (1) its lead counsel was ordered by his physician not to appear in person for trial...more
OVERVIEW In Braganza v. Albertson’s (July 29, 2021, WL 3204494), the Fourth District Court of Appeal, Division Two, held that a party seeking a continuance of a hearing on a motion for summary judgment must act in good faith...more
Real Property Update - Foreclosure / Continuance: Trial court erred by denying joint motion for continuance of trial, and forcing parties to try case, because the parties had settled the main issues in litigation after...more
In September 2019, The Wall Street Journal reported that the docket pending at U.S. Immigration Courts surpassed one million cases. In response to this increasing backlog, the Executive Office for Immigration Review (“EOIR”)...more
Don’t try to confirm an arbitration award when there is still arbitration work to be done. Relying on Seventh Circuit precedent, the Northern District of Illinois concluded that it lacked subject-matter jurisdiction to...more
FINRA has proposed a new $100 per-arbitrator fee and a $100 per-arbitrator honorarium for the late cancellation or continuation of prehearing conferences in FINRA arbitrations. ...more
A Colorado federal court affirmed a FINRA arbitration award, despite a cross-motion to vacate the award on the bases of alleged panel misconduct; exceeding its powers; manifest disregard of the law; and that the award did not...more
The status of a controversial rule establishing more stringent ambient air quality standards for ozone—promulgated by former President Barack Obama’s Environmental Protection Agency (EPA)—remains unclear following a series of...more
Two recent developments in the interrelated legal challenges commonly known as POET I and POET II may create additional uncertainty for the future of the Low Carbon Fuel Standard Program (LCFS). Earlier this year, the...more
A city granting an applicant’s request for a continuance of a public hearing over installation of a wireless tower is not a mutual agreement to toll the FCC’s “shot clock,” a federal court has ruled. In addition, a vague...more