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Preservation of Rights Federal Rules of Civil Procedure Litigation Strategies

Carlton Fields

Timely And Specific: Making Objections To Federal Magistrate Reports

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Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate’s report and recommendation are filed...more

Carlton Fields

When Asking For Relief Is Not Enough: Eleventh Circuit Affirms A First Dismissal With Prejudice

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A fundamental principle of preservation is that the lower court must have had an opportunity to address an issue before an appellate court will reverse an order based on that issue. ...more

Carlton Fields

Good For The Goose, Good For The Gander: Waiver Of A Waiver Objection

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It is axiomatic that objections not presented to the trial court are deemed waived on appeal. What may come as a surprise, however, is that waiver arguments can also be waived. Thus, a party’s failure to raise a waiver...more

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