News & Analysis as of

Objection Procedures

Due Process Strikes Back: Alabama Supreme Court Vacates $124M Class Settlement Attorneys’ Fee Award

The Alabama Supreme Court recently vacated a substantial $124 million attorneys’ fee award in connection with a class action settlement (Lawler v. Johnson et al., No. 1151347, — So. 3d –, 2017 WL 4707517 (Ala. Oct. 20,...more

Practice Pointers to Best Utilize or Respond to Document Requests: Sedona Publishes Rule 34 Primer

by Pepper Hamilton LLP on

The rules governing how litigants conduct written discovery changed substantially on December 1, 2015, when major amendments to the Federal Rules of Civil Procedure took effect....more

Case Weighs Discovery on Proportional Requests and Specific Objections

by Zapproved LLC on

First American Bankcard, Inc. v. Smart Bus. Tech., Inc., No. 15-638 (E.D. La. May 24, 2017). In this case involving breach of contract and tortious interference, the court partially granted and partially denied the...more

Second Circuit Holds That “Rule of Specialty” Objection Belongs to Nations, Not Defendants

Last week, in Barinas v. United States, the Second Circuit held that a defendant who is extradited to the United States to face charges, pursuant to agreement with the asylum nation, may not raise the objection that the...more

Eastern District of Texas Latest Court to Criticize "Subject To" Language in Discovery Objections

by Jones Day on

The Eastern District of Texas recently criticized a party's statement in its written discovery responses that it would produce documents "subject to" its objections. See Realpage, Inc. v. Enterprise Risk Control, LLC, No....more

Court Tells Litigants “NO MORE WARNINGS” When It Comes to Boilerplate Discovery Objections: eDiscovery Case Law

by CloudNine on

In Liguria Foods, Inc. v. Griffith Laboratories, Inc., C 14-3041-MWB (N.D. Iowa Mar. 13, 2017), Iowa District Judge Mark W. Bennett declined to sanction the parties for issuing boilerplate objections, but strongly warned them...more

Judge Peck Provides a Rule 34 'Wake-Up Call' — Objections that Are Not Specific Are Waived

by Zapproved LLC on

Fischer v. Forrest, No. 14 Civ. 1304, 1307 (PAE) (AJP), 2017 WL 773694 (S.D.N.Y. Feb. 28, 2017). “It is time, once again, to issue a discovery wake-up call to the [b]ar in this District,” begins Magistrate Judge Andrew...more

Butler Quarterly - Winter 2017

Two recent federal cases highlight the challenges practitioners face in presenting expert claims handling testimony in bad faith litigation under the Daubert standard. In the first case, a court excluded such expert testimony...more

Failure to file an objection timeously

by Hogan Lovells on

Any taxpayer who is aggrieved by an assessment raised by South African Revenue Service (SARS) has a right to lodge an objection in terms of section 104(3) of the Tax Administration Act 28 of 2011 (the TAA) read with the Rules...more

The Key to Jury Instruction Preservation: Objecting with Precision and Completeness

by Carlton Fields on

In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to a proposed jury instruction, as...more

When Objecting Once Is Not Enough: Recognizing a Continuing Duty as the Charges and Verdict Form Evolve

by Carlton Fields on

On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys with the trial judge, there is a continuing obligation to object; the timing of...more

Quick Trial Checklist

by Carlton Fields on

This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. Please see full Chart below for...more

Some Changes Ahead for the Tax Objection and Appeal Process of the Canada Revenue Agency

On November 29, 2016, the Auditor General of Canada released the 2016 Fall Reports, including “Income Tax Objections”, regarding the Canada Revenue Agency’s (CRA) management of income tax objections. This bulletin provides an...more

Auditor General Provides Recommendations for Improving CRA Review of Objections

by Dentons on

Under the federal Income Tax Act, the Canada Revenue Agency must consider a taxpayer’s objection and must vacate, confirm or vary the underlying tax assessment. This review must be completed “with all due dispatch”....more

A Former Appellate Court Judge Offers Tips to Trial Attorneys

by Carlton Fields on

While trial attorneys know they must preserve issues they wish to raise on appeal, they often overlook the basic steps required to help ensure appellate review. During more than 27 years on the bench, former Florida appellate...more

Appealing Class Certification Orders

by Carlton Fields on

Class action litigation involves complex procedural issues and significant appellate practice. For example, Rule 23(f) of the Federal Rules of Civil Procedure, adopted in 1998, allows an appeal from an order granting or...more

Revised California Rules Intended to Streamline Demurrer Process With New Meet-And-Confer Requirements

California courts are tired of hearing your demurrers, and now the state has done something about it. Code of Civil Procedure Section 430.41, which went into effect on January 1, 2016, now requires a meet-and-confer process...more

Objecting to a Magistrate Judge's Report and Recommendation

by Carlton Fields on

An unpublished opinion from the Tenth Circuit Court of Appeals in January 2016 caught our eye because it collected various established preservation-of-error principles for objecting to a magistrate judge's report and...more

A Model Preservation Test for Race-Based Peremptory Challenges

by Carlton Fields on

Preserving error during voir dire can be tricky. In jurisdictions like Florida, certain steps must be taken to preserve objections, including those related to pretextual peremptory challenges. On March 18, Florida’s...more

Objections to Document Demands Under Amended Rule 34

by Wilson Elser on

The approach of objecting to document demands with boilerplate language containing half a dozen or more objections that have no actual nexus to the demands at issue has been used by litigators for decades. However, this...more

Don’t Rest on Your Laurels: The Importance of Adapting Objections to Changed Circumstances

by Carlton Fields on

Without a crystal ball, trial lawyers can make objections only on the basis of what has occurred or what they reasonably expect might occur based on the facts and circumstances existing at the time. Litigation, however is a...more

ECON writes to EU lawmakers on Solvency 2 delegated legislation delay

by Dentons on

The Economic and Monetary Affairs Committee (ECON) of EP has written to the Council and Commission notifying them of a three-month extension to the deadline for raising objections to a delegated regulation on calculation of...more

Effective Now: New Federal Rules Of Civil Procedure Regarding Discovery And Electronically Stored Information

by Reed Smith on

In changes that have been five years in the making, amendments to the Federal Rules of Civil Procedure go into effect December 1, 2015....more

Be Punctilious, Or You Might Inadvertently Waive A Personal Jurisdiction Objection In Federal Court

by Carlton Fields on

May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later?...more

Written Objections to Summary Judgment Evidence are Preserved for Appeal

On August 10, 2015, Governor Brown signed SB 470, codifying the holding in Reid v. Google, Inc. (2010) 50 Cal.4th 512, that evidentiary objections on motions for summary judgment are preserved on appeal whether or not the...more

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