What issues do people raise in a federal criminal appeal?
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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
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