News & Analysis as of

Motion for Reconsideration

Fox Rothschild LLP

No, Courts Cannot Just Adopt A Court Appointed Expert’s Opinion Without a Cross Examination

Fox Rothschild LLP on

The Rules of Court clearly allow a Family Part Judge to appoint their own expert on any issues, whether custody or economic issues, in order to aid the court in making a decision on an issue before the Court. The Court rule...more

The Wagner Law Group

Forfeiture Cases – Update

The Wagner Law Group on

Last year, we alerted you to the filing of several class action lawsuits alleging that plan fiduciaries violated their duties of prudence and loyalty under Title I of ERISA by applying forfeitures to reduce employer...more

Faegre Drinker Biddle & Reath LLP

The S.D.N.Y. and E.D.N.Y. Issue New Local Rules

On June 17, 2024, the Southern and Eastern Districts of New York released updated joint local civil rules. The new rules are effective in all pending and new matters as of July 1, 2024, except that if a pending deadline is...more

Lathrop GPM

New Jersey Federal Court Denies Motion for Reconsideration and Alternative Motion for Leave to File an Interlocutory Appeal

Lathrop GPM on

A federal court in New Jersey denied plaintiffs’ motion for reconsideration or leave to file an interlocutory appeal challenging the court’s decision to grant defendants’ motion to transfer the case to the Western District of...more

Dickinson Wright

Is It Proper to Raise New Arguments or Submit New Evidence in a Motion for Reconsideration?

Dickinson Wright on

A version of this article was previously published in the Michigan Defense Quarterly, Vol. 40, No. 3 (2024). There may be times when a party facing an adverse summary disposition decision (whether it be the grant or denial...more

Willcox & Savage

A Proposed Mark Must Have A Source Identifying Function: Trademark Denied For “Keep America Great!”

Willcox & Savage on

In a non-precedential opinion; In re America in Harm’s Way; Serial No. 87976064, issued on November 30, 2023, the United States Patent and Trademark Office Trademark Trial and Appeal Board (“TTAB”), decided the issue of...more

Fox Rothschild LLP

NTSB Petitions For Reconsideration … It’s Not Over Until It’s Over

Fox Rothschild LLP on

In discussing the role of the U.S. Supreme Court, Justice Robert Jackson famously remarked in his concurring opinion in a 1953 case that “[w]e are not final because we are infallible, but we are infallible only because we are...more

Holland & Knight LLP

The Apex Doctrine in Florida Courts: Protecting Corporate Officers from Depositions

Holland & Knight LLP on

The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing...more

Stevens & Lee

Thinking Appellate Reconsideration? Remember A Few Good Men

Stevens & Lee on

During the trial in the 1992 film A Few Good Men, Lt. Commander Joanne Galloway (played by Demi Moore) lodges a “strenuous” objection to expert witness testimony. The presiding judge, Col. Julius Randolph (portrayed by J.A....more

Constangy, Brooks, Smith & Prophete, LLP

Two years into his bias suit against NFL, Brian Flores has little to show for it.

Arbitration evaders, take note. In February 2022, coach Brian Flores filed a press-grabbing lawsuit accusing the National Football League and its clubs of racially discriminatory hiring practices, the Miami Dolphins of...more

Morris James LLP

Chancery Upholds Written Consent Based on Signer’s Sophistication and Opportunity to Inspect

Morris James LLP on

REM OA Holdings LLC v. Northern Gold Holdings LLC, C.A. No. 2022-0582-LWW (Del. Ch. Sep. 20, 2023) - Delaware is a contractarian state and the presumption is that parties are bound by their agreements. That presumption...more

Seyfarth Shaw LLP

Cementing a Path Forward: NLRB Denies Employer’s Motion for Reconsideration of Cemex, While General Counsel Provides Guidance on...

Seyfarth Shaw LLP on

Seyfarth Synopsis: Earlier this week, by denying the employer’s motion to reconsider in Cemex Construction Materials Pacific LLC, 372 NLRB No. 157 (2023), the National Labor Relations Board not only validated the...more

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

McDermott Will & Emery on

In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Underground Storage Tanks/Insurance Coverage: Federal Court Addresses Motion for Reconsideration Regarding Timing Issue

The United States District Court (M.D. Florida) (“Court”) addressed in an August 29th Order an insurance coverage issue involving a petroleum release from an underground storage tank (“UST”). See L. Squared Industries, Inc.,...more

Fox Rothschild LLP

A Big Win for Get Advocate as Appellate Division Rules that Publicizing Get Refusal Protected by First Amendment

Fox Rothschild LLP on

In what has been touted as a monumental victory for Agunot in New Jersey, yesterday, the Appellate Division released a decision stating that a video publicizing a husband’s Get refusal is protected by First Amendment...more

Butler Weihmuller Katz Craig LLP

Effective immediately: Florida Rule of Civil Procedure 1.530(a) applies to certain non-final orders

Most trial lawyers tend to use reconsideration and rehearing interchangeably. But until recently they served very different purposes. Motions for rehearing filed pursuant to Florida Rule of Civil Procedure 1.530 applied only...more

Laughlin, Falbo, Levy & Moresi LLP

Time for the WCAB to Act on Petitions for Reconsideration

Do you have any cases that have been pending on Reconsideration and remain unresolved for what you believe to be an unreasonable period of time? If so, you should be aware that ongoing delays issuing decisions at the WCAB...more

Polsinelli

‘Alkutkar v. Bumble’: Securing Active Consent for Updated Terms of Service

Polsinelli on

Overview - The District Court for the Northern District of California recently provided guidance in Alkutkar v. Bumble Inc., No. 22-CV-00422- PJH (N.D. Cal. Sept. 8, 2022), reconsideration denied, No. 22-CV-00422-PJH,...more

Fox Rothschild LLP

Top 10 Posts Read in 2022 – JD Supra style

Fox Rothschild LLP on

Yesterday, I posted the Top 10 Posts in 2022 on our NJ Family Law Blog as measured by page views. Aside from publishing the posts directly on our blog, the posts are also shared on a content aggregator, JD Supra which...more

Dickinson Wright

Effect of Post-Judgment Motions on the Time to Appeal

Dickinson Wright on

There are a number of reasons why parties in a civil case might consider filing a post-judgment motion before appealing an adverse decision. In fact, sometimes, a post-judgment motion is required to preserve an issue for...more

Littler

Ontario, Canada Divisional Court Finds Group Home’s Temporary Visitation Policy During Early Stage of COVID-19 Did Not...

Littler on

In Empower Simcoe v. JL, 2022 ONSC 5371, the operator of a publicly funded residential facility for children and adults with intellectual disabilities (Operator) sought judicial review of the Human Rights Tribunal of...more

Wiley Rein LLP

CFIUS Releases First-Ever Enforcement and Penalty Guidelines

Wiley Rein LLP on

On October 20, 2022, the Department of the Treasury (Treasury), which chairs the Committee on Foreign Investment in the United States (CFIUS), released the first-ever CFIUS Enforcement and Penalty Guidelines (the Guidelines)....more

Freeman Law

Buff was Kind of Weak: FBAR Penalties

Freeman Law on

A recent FBAR case—well, kind of—serves as a reminder that FBAR penalties can be [*fill in your pejorative adjective of choice*]. In United States v. Buff, the government initiated a suit to collect unpaid civil penalties...more

Carlton Fields

Third Circuit Affirms Dismissal of Complaint With Prejudice After Plaintiff Failed to Initiate Arbitration Proceedings

Carlton Fields on

Plaintiff R&C Oilfield Services appealed from an order of the U.S. District Court for the Western District of Pennsylvania. The district court granted defendant American Wind Transport Group’s motion to compel R&C to...more

Fox Rothschild LLP

Judge Can’t Just Pick A Real Estate Appraisal He Likes Without A Hearing

Fox Rothschild LLP on

Often, people resolve the issue of the marital home with one party buying the other out. While people often agree on the value of a home to use to calculate the buyout, sometimes, they can’t agree. In that case, people often...more

209 Results
 / 
View per page
Page: of 9

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide