As part of an ongoing spate of litigation, the U.S. Nuclear Regulatory Commission (NRC) filed a motion to dismiss, on procedural grounds, in a case that challenges its authority to require construction and operating licenses...more
To be sure, much has been reported on here at New York Commercial Division Practice concerning Commercial Division innovation — including in the areas of courtroom technology and, more recently, in adapting to the “new norm”...more
In Florida, jury trials have been suspended since March 16, 2020 due to the COVID-19 pandemic. While non-jury trials, may go forward, the courts have been careful in how they resume jury trials. Although constitutional...more
At this point, after nearly three months of practicing law virtually from home, I think it’s fair to say that what was once novel and experimental has become a kind of new norm for the future....more
It’s been more than two months since our world changed, and most of our country was “shut down” by COVID-19. And although all 50 states have begun to re-open in some fashion, it will be a gradual and phased opening. The Los...more
We continue to track the impact of COVID-19 on court operations and parties in civil litigation across the country. As the weeks pass, COVID-19’s impact on civil litigation is becoming more varied, and sometimes is yielding...more
Three months ago very few of us regularly communicated by virtual videoconferencing. Today, it’s fast become a daily routine, and in all likelihood will become a more permanent part of our practice. Who would have guessed...more
Remote trials - In Re Blackfriars Ltd, the High Court rejected arguments that the restrictions imposed in response to the COVID-19 crisis were sufficient reason to adjourn a five-week trial. The trial, which is scheduled...more
Courts and parties across the country continue to figure out how to move civil litigation forward in pending matters given the current pandemic. As discussed in our prior updates, federal and state courts continue to take…...more
The next hearing session of the United States Judicial Panel on Multidistrict Litigation (“JPML”) is scheduled for March 29, 2018 in Atlanta, Georgia. ...more
January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more
The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more