News & Analysis as of

Pro Se Litigants

The Supreme Court Enters the Digital Age

Electronic filing is coming to the U.S. Supreme Court! Effective November 13, 2017, amendments to the Supreme Court’s rules take effect that require represented parties (and their amici) to submit petitions, briefs, and most...more

Insurer Violated Lien Statute and Committed Deceptive Trade Practice When Settling With Pro Se Claimant

by Nexsen Pruet, PLLC on

The North Carolina Court of Appeals recently held that when an insurer settles with a pro se claimant and issues a settlement check, the insurer must pay all valid medical provider liens before making any payments to the...more

Court Declines To Vacate Arbitral Decision In Face Of Seven Challenges Made By Pro Se Plaintiff

by Carlton Fields on

Last month the Southern District of New York granted DCH Auto Group’s motion to confirm a favorable arbitral decision dismissing a pro se plaintiff’s arbitration with prejudice, over a host of different challenges seeking...more

Failure To Comply With Discovery Orders Results In Dismissal Of Pro Se Plaintiff's Case

by Brooks Pierce on

Going pro se in the NC Business Court is a bad idea. At least it was for the Plaintiff in Gillespie v. Majestic Transport, Inc., 2017 NCBC 43 who saw his claims dismissed (without prejudice) for failing to comply with the...more

When a Lawyer Represents Himself, He has a Client…

by Nexsen Pruet, PLLC on

The South Carolina Court of Appeals recently clarified the circumstances under which a lawyer can represent himself and when a member of his law firm can represent him. In Brooks v. S.C. Commission on Indigent Defense, a...more

FINRA to Require Web-Based Arbitration Filings

by Burr & Forman on

Effective April 3, 2017, all FINRA arbitration participants (except pro se parties) must use FINRA’s web-based DR-Portal to file and serve documents in both customer and industry arbitrations. ...more

Ninth Circuit Accords Chevron Deference To The SEC, What Would Judge Gorsuch Say?

by Allen Matkins on

Last week, I noted that Judge Gorsuch has expressed a certain skepticism of Chevron deference. The next day, the Ninth Circuit Court of Appeals held that the Securities and Exchange Commission’s interpretation of Section...more

Chris Lazarini Provides Insight on Standards Applied to Pro Se Litigants

by Bass, Berry & Sims PLC on

Bass, Berry & Sims attorney Chris Lazarini provided insight on a case revealing that while less stringent standards are often applied to pro se litigants, courts still should require them to adhere to the procedural rules....more

It Can Happen To Anyone: Mistakes In Appeals

by Brooks Pierce on

The road to an appellate court can be lined with unanticipated obstacles, You can avoid them if you follow the NC Rules of Appellate Procedure and you keep up with changes in the law regarding appeals. Or you might retain a...more

In re Steed (Fed. Cir. 2015) - Swearing Behind Reference Still Requires Proof of (Timely Filed) Evidence

Thomas Steed, Sourav Bhattacharya, and Sandeep Seshadrijois (collectively "Steed") filed a patent application entitled "Web-Integrated On-Line Financial Database System and Method for Debt Recovery," on April 6, 2004, with...more

Fast Five - Rhode Island Appellate Practice - June 2015

SUPREME GHOSTBUSTERS: RHODE ISLAND SUPREME COURT IMPOSES LIMITATIONS ON GHOSTWRITING. The Rhode Island Supreme Court “ain’t afraid of no ghost.”[1] In a long-anticipated, unanimous decision, the Rhode Island Supreme...more

Eleventh Circuit Dismisses RLUIPA Complaint of “Indigenous/Aboriginal Free Moorish National”

by Robinson & Cole LLP on

In Bey v. City of Tampa Code Enforcement (11th Cir. 2015), the plaintiff Nura Washington Bey (“Washington”) sued the City of Tampa and its Code Enforcement Officer, Steven Mateyka, after Mateyka cited Washington in connection...more

If You Are Proceeding Pro Se In The Business Court It Is Best Not To Be Defiant

by Brooks Pierce on

It's probably never a good idea to proceed without a lawyer in any Court, but if you are a non-lawyer and insist on proceeding pro se in the Business Court, don't be defiant and obnoxious.  You will not like the result....more

Pro Se and Ex Rel. Don’t Mix, Even for Attorney Whistleblowers

by Faegre Baker Daniels on

William Verrinder filed a False Claims Act against three of America’s biggest companies—Wal-Mart, Sears and Rite-Aid—claiming they charged Medicare for expired drugs. Since he’s a lawyer himself, he filed pro se. That way he...more

Practicing in the Western District of Virginia CLE

I attended a very informative and enjoyable CLE yesterday regarding practicing in the Western District of Virginia and section 1983 cases. The CLE was put on by the Charlottesville Albemarle Bar Association. Judge Dillon,...more

Hire a Lawyer—or Go It Alone?

Woodland Hills personal injury lawyer Barry P. Goldberg meets with hundreds of prospective clients who have questions whether it makes sense to hire a lawyer or “do it on your own.” Most often, the decision focuses on the...more

Court Of Chancery Explains Pro Se Procedure

by Morris James LLP on

This decision has generated a lot of comment about the plaintiff’s outlandish complaint. However, it is also a good source on Delaware law dealing with how to treat pro se complaints, particularly what leniency they will...more

Pro Se Not Welcome at PTAB

by McDermott Will & Emery on

Shire Development LLC v. LCS Group, LLC - Denying a request from patent owner’s counsel to withdraw from an inter partes review (IPR), the U.S. Patent and Trademark Office Patent Trial and Appeal Board (PTAB or Board)...more

Welcome to the Fall 2014 Issue of Appellate News!

by Robinson & Cole LLP on

In This Issue: - Appeals Begin At The Trial Stage, Not After - Robinson+Cole Wins At The Second Circuit - The Dangers Of Mootness Hiding In Plain Sight - Excerpt from Appeals Begin At The Trial...more

Bankruptcy Beat: Credibility of the Parties is Key Component In Objection To Discharge Proceedings

by Pullman & Comley, LLC on

On June 6, 2014, the United States District Court for the District of Connecticut affirmed the Bankruptcy Court’s (Weil, J.) decision overruling a pro se creditor’s objections to the debtor’s discharge under 11 U.S.C....more

Pro Se Defendant Wins Trial On Breach Of Fiduciary Duty Claims In Business Court

by Brooks Pierce on

When I was a young pup preparing to go to court against the uncommon adversary who was proceeding without a lawyer, I would joke that "I hope I don't lose." Luckily, I never did....more

Attorney Litigants May Not Recover Attorney Fees When They Represent Themselves

by Hinshaw & Culbertson LLP on

In Soni v. Wellmike Enterprise Co. Ltd., 2014 DJDAR 3828 (2014), the California Court of Appeal for the Second Appellate District affirmed a well established principle under California law. Law firms and attorney litigants...more

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