What issues do people raise in a federal criminal appeal?
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
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
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
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
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
Following a recent decision from the U.S. Court of Appeals for the Ninth Circuit in Khoja v. Orexigen Therapeutics, Inc., plaintiffs alleging securities fraud against companies in the pharmaceutical and life sciences sector...more
When a lawsuit is pending, there’s no better, more practical and effective way to resolve the dispute than through alternative dispute resolution (ADR). What a great feeling when all issues are settled. The case is completely...more
What is an MDL? And, what is a bellwether trial? (The name certainly is funny and – at first glance – tells you nothing about the type of trial it seeks to describe.) How are MDLs and bellwether trials related? What purpose...more
For the fifth installment of this blog’s ongoing “Check the Rules” series, we feature the individual practice or part rules of the Justices of the Kings County Commercial Division, particularly those recently instituted by...more
The First Circuit Court of Appeals recently released its proposed amendments to Local Rule 25.0, governing the use of electronic document filing (“e-filing”). While Many of the proposed amendments incorporate familiar aspects...more
Several weeks ago, we reported on some recent updates to Manhattan Commercial Division Justice Bransten’s individual practice rules. New York commercial litigators should take note of some recent changes in the Queens County...more
You’re a commercial litigator in New York. You’ve just been brought in on a case pending in the Commercial Division before a particular Commercial Division judge. Or maybe you’ve just received an administrative bounce to a...more