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Pre-Trial Motions

Husch Blackwell LLP

Fed. R. Civ. P. 16.1: MDL Guidance in Products Liability Cases

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In 1968, the Multidistrict Litigation Act provided the framework for multidistrict litigation (MDL); where civil actions involve “one or more common questions of fact . . . pending in different districts, such actions may be...more

Rodemer Kane Attorneys at Law

The Domestic Violence Court Process

When an individual is arrested on a domestic violence charge, the person who gets arrested is going to be searched, handcuffed, put in the back of a police vehicle, and taken to the police station or local booking facility. ...more

Fox Rothschild LLP

Like Big Foot, A “Sheridan” Sighting

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There is a case called Sheridan, that requires judges to report the failure to report income to the proper authorities. Like Big Foot and the Lochness Monster, many people have heard of a Sheridan, but few have actually seen...more

McManis Faulkner

Fourteen Days Before Trial: The Home Stretch

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For lawyers preparing to go to trial, the two weeks before trial are critical. That is when you check off the final items on your to-do list and finalize your trial plan. After months of hard work, your research and...more

Adams and Reese LLP

Clarifying the District Court’s “Gatekeeping” Responsibility

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Recent Amendments to the Rules Governing Admissibility of Expert Testimony in Federal Rule of Evidence 702 - In litigation, everything ultimately boils down to proof; that is, how the parties prove their claims and defenses....more

Shutts & Bowen LLP

Florida Appellate Court Provides Further Guidance Regarding New Summary Judgment Rule

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In a recent opinion, Florida’s First District Court of Appeal provided further guidance regarding the changes to Florida’s summary judgment rule.  See Whitlow v. Tallahassee Memorial Healthcare, Inc., --- So. 3d ---, Case No....more

McGlinchey Stafford

Stop the Case: SCOTUS Resolves Circuit Split on Stays Pending Appeal of Arbitration Decision

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Resolving a circuit split, the Supreme Court ruled that litigation, including discovery, is automatically stayed when a party appeals the denial of a motion to compel arbitration under the Federal Arbitration Act (FAA). ...more

Jackson Lewis P.C.

U.S. Supreme Court: Federal Courts Must Stay Proceedings During Appeal of Arbitration Denial

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The U.S. Supreme Court held that when a district court denies a motion to compel arbitration under the Federal Arbitration Act (FAA), the court must stay its proceedings while that appeal is pending. Coinbase, Inc. v....more

Faegre Drinker Biddle & Reath LLP

Supreme Court Decides Coinbase, Inc. v. Bielski

On June 23, 2023, the U.S. Supreme Court decided Coinbase, Inc. v. Bielski, holding that litigation in district court is automatically stayed when a party appeals the denial of a motion to compel arbitration, reversing the...more

Houston Harbaugh, P.C.

Coinbase v. Bielski: US Supreme Court Issues Opinion

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The United States Supreme Court, in a somewhat controversial ruling, has resolved a circuit split by ruling that interlocutory appeals from a federal district court’s denial of a motion to compel arbitration must...more

Stikeman Elliott LLP

Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of...

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Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to...more

Reveal

FRCP 15: What It Means for Litigants and How to Efficiently Prepare for Trial

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The Federal Rules of Civil Procedure (FRCP) can be intricate and confusing, especially when it comes to the interplay between various rules. Few aspects of civil litigation present potential pitfalls such as amending and...more

Stange Law Firm, PC

Objections To Testimony and Evidence in Family Court

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Trials in divorce and family law matters can take place in some cases. Many divorce and family law cases settle outside of court. However, for the cases that do not, trial testimony and evidence can have a big impact on the...more

Ward and Smith, P.A.

Preliminary Injunctions and Temporary Restraining Orders—What Are They?

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A preliminary injunction is a pre-trial court order that stops (or sometimes mandates) action by the opposing party in a lawsuit.  A party may seek a preliminary injunction when they will suffer irreparable harm—that is,...more

Bennett Jones LLP

Court of Appeal Clarifies When Cross-Examination on Affidavits May Be Permitted in Pre-Trial Applications

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In British Columbia, cross-examination on affidavits in the context of pre-trial applications is not as of right, as is the case in many other Canadian jurisdictions. Absent agreement, a party seeking to do so in B.C....more

Lowenstein Sandler LLP

Residential Evictions: What Tenants Need to Know (Spanish) - October 2021

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DESALOJOS RESIDENCIALES: LO QUE LOS INQUILINOS DEBEN SABER- Al 26 de octubre de 2021- IMPEDIMENTO DE ACCESO- ¿Pueden impedirme el acceso a mi domicilio durante la emergencia sanitaria por la COVID-19?...more

Oberheiden P.C.

Indicted on Healthcare Fraud Charges? 5 Things to Expect & 3 Potential Outcomes

Oberheiden P.C. on

The U.S. Department of Justice (DOJ) is cracking down on healthcare fraud, and many providers are finding themselves facing serious allegations. This includes criminal allegations in many cases. If these allegations lead to a...more

Rivkin Radler LLP

Administrative Order 270/20 Brings Change To The Uniform Rules

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Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more

Fish & Richardson

What You Need to Know About Motion Practice You Probably Learned in Kindergarten

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We’ve all heard of the poem: “All I Really Need to Know I Learned in Kindergarten.” Well the same Kindergarten lessons should apply to how to navigate your litigation through motion practice—a fundamental tool of litigation....more

Smart & Biggar

A limit on demand letters: Federal Court grants rare pre-trial injunction barring potentially false or misleading cease and desist...

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In a recently published decision (Fluid Energy Group Ltd v Exaltexx Inc, 2020 FC 81), the Federal Court granted a pre-trial injunction sought by the Defendant, Exaltexx Inc. (Exaltexx), enjoining the Plaintiff, Fluid Energy...more

Cozen O'Connor

Court Reverses Foreign National’s FCPA Conviction, Setting a High Bar to Establish an Agency Relationship

Cozen O'Connor on

A ruling issued on Wednesday, February 26 by a Connecticut federal court details the type of control necessary to find that a foreign national acted as an agent of a U.S. domestic concern for purposes of falling within the...more

Patton Sullivan Brodehl LLP

Appointment of a Nuisance Abatement Receiver: No “Financially Viable” Plan for Rehabilitation Needed

Under California law, receivers can be appointed for many purposes. Sometimes a “general equity” receiver is appointed to take control of a business entity and its assets where the decision-makers are deadlocked in...more

Troutman Pepper

The Nuts And Bolts Of Local Practice In The Eastern District Of Michigan (Part 2) - A Guide To Practicing In The U.S. District...

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As in the Michigan state court system, most of your time in a federal civil case will be spent on discovery, and most of your interaction with the court will be through motion practice. Different courts have different rules...more

Roetzel & Andress

Ohio Lawyers, You Are About To Realize How Much Easier Your Life Got On July 1, 2019

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Are you a litigator who practices in multiple courts across Ohio? If so, you may not know it, but your life got measurably less stressful on July 1, 2019, when changes to the Ohio Rules of Civil Procedure, the Ohio Rules of...more

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

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