News & Analysis as of

Rules of Civil Procedure

Faegre Drinker Biddle & Reath LLP

A Change Is Gonna Come — Amendments to California Summary Judgment and Summary Adjudication Procedures Take Effect January 1, 2025

Those who litigate in California state courts, take note: Changes are coming to the state’s summary judgment statute for the first time in 20 years. Assembly Bill 2049 (AB 2049), signed into law this summer, introduces...more

Esquire Deposition Solutions, LLC

Washington Revises Rules for Remote Depositions

The Washington Supreme Court recently approved significant revisions to that state’s procedural rules on remote depositions. Revised Rule 30 of the Washington Civil Rules will now allow remote depositions to be noticed...more

BCLP

Cold Comfort: Court of Appeal takes a Chill Approach to Freezing Injunctions

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The Court of Appeal has clarified the requirements to be satisfied before obtaining a freezing injunction, affirming an attainable merits threshold is to be preferred over a more stringent alternative. Any perceived tilt in...more

Holland & Knight LLP

Texas Case Offers Lessons Learned from Data Requests and Criminal Causes of Action

Holland & Knight LLP on

In Angelyn A. Olson et al. v. The Consilio LLC, et al. filed in Tarrant County, Texas, plaintiff Angelyn Olson alleged that she was involved in other litigation during which an e-discovery service provider (Consilio) was...more

Ervin Cohen & Jessup LLP

SB 1340 Allows Enforcement Of Local Employment Discrimination Laws

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Over the last several years, California employers have become increasingly aware of cities and counties enacting workplace requirements on a wide range of issues, including scheduling, lay offs, paid sick leave, minimum...more

Esquire Deposition Solutions, LLC

State Courts Prepare for Age of AI

Lawyers’ growing use of artificial intelligence is front of mind these days, but that shouldn’t overshadow the equally energetic and consequential efforts by the nation’s judges to ethically incorporate AI into their work....more

Genova Burns LLC

Third Circuit Clarifies Procedural Roadmap to Compel Arbitration

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Facing a federal lawsuit, companies with agreements that mandate arbitration of disputes must decide how to efficiently obtain an order from a federal judge compelling arbitration....more

WilmerHale

Amicus Participation in Trial Courts: Navigating Uncharted Territory

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Good amicus briefs contribute to the development of the law and the administration of justice. They can benefit courts, parties, and, of course, the amici themselves. Courts benefit from having a more robust exposition of the...more

Holland & Knight LLP

Retail Reboot: Common Mistakes to Avoid When Evicting Tenants

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When managing commercial real estate, landlords must navigate a complex array of legal, financial and operational challenges to protect their investments and ensure smooth tenant relationships. However, a series of common...more

Lowndes

New Year, New Rules: Uniform Trial and Case Management Order Starts January 2025

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On Tuesday, the Business Law Committee of the Orange County Bar Association held a program featuring Judges Chad Alvaro, Margaret Schrieber, and Heather Pinder-Rodriguez, moderated by Lowndes attorney and OCBA Business Law...more

Miller Canfield

Getting an Erroneous Tax Refund Case to a Jury is a Fraught Task in the Fifth Circuit

Miller Canfield on

In Grigsby v. United States, the Justice Department used discovery procedures in federal district court essentially to audit a taxpayer’s federal income tax credits for research activities. The court found that the taxpayer...more

Tucker Arensberg, P.C.

Land Partition Practice Tip: Partition Actions in Pennsylvania are a Two-Step Process

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A land partition action in Pennsylvania is unlike any other type of civil litigation. Of course, there are plaintiffs and defendants, pleadings, and discovery just like any other lawsuit, but the course of the litigation is...more

White and Williams LLP

No Delay Damages Without Reciting the Notice-To-Defend Magic Spell

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Pennsylvania law allows verdict winners in cases involving property damage, bodily injury, or death to request delay damages from the liable defendants. Delay damages are awarded for the period starting one year after initial...more

Smith Debnam Narron Drake Saintsing & Myers,...

Everything to Know About Filing a Mechanic’s Lien In North Carolina

A lien, sometimes referred to as a security interest, is an interest in real or personal property that secures the payment of a debt or the performance of an obligation. The most common examples of liens are mortgages (deeds...more

Hendershot Cowart P.C.

Business Owners Beware: Why Ignoring a Lawsuit Is Worse Than Losing

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For small- to medium-sized business owners, the cost and burden of resolving a lawsuit can seem catastrophic and overwhelming, leading some business owners to simply ignore the issue (or procrastinate until it’s too late). ...more

Hogan Lovells

"Gamechanger" in komplexen Massenverfahren? – Ein Ausblick auf das neue Leitentscheidungsverfahren

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Massenverfahren sind durch eine Vielzahl von Klägern gekennzeichnet, die in zahlreichen Verfahren rechtlich und tatsächlich gleichgelagerte Ansprüche geltend machen.3 Neben den promintenten Fällen der massenhaft eingereichten...more

A&O Shearman

No shortcuts in service on foreign companies says UPC Court of Appeal

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One of the known challenges in litigation against defendants domiciled outside the EU is effecting service. In some instances, this can take a very long time, due to the formal requirements and slowness of the respective...more

Baker Botts L.L.P.

UK Supreme Court Confirms Power to Issue Anti-Suit Injunction in Support of Foreign-Seated Arbitrations and Clarifies Enka Test...

Baker Botts L.L.P. on

In its recent judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30, arising out of a dispute between a Russian energy developer and a German bank concerning the effect of EU sanctions on Russia, the UK Supreme...more

BCLP

Lessons from UniCredit v RusChemAlliance: What Law Governs Your Arbitration Clause?

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The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more

Paul Hastings LLP

CPR Changes Bring Mandatory ADR, From 1 October 2024

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The Civil Procedure Rules (“CPR”) have been amended to reflect the Court of Appeal decision in Churchill v Merthyr Tydfil County Borough Council [2023] EWCA Civ. 141. The courts in England and Wales can now order parties to...more

Esquire Deposition Solutions, LLC

Remote Deposition Convenience Doesn’t Defeat Forum Shopping Objections

The convenience and widespread use of remote depositions and virtual hearings will not, in seems, make it any easier for plaintiffs to choose what they believe is the most advantageous forum for litigating their cases....more

Butler Snow LLP

A Sort of Homecoming: Preparing and Defending the Sales Representative Who Is No Longer with the Company

Butler Snow LLP on

A high school reunion can be a wonderful, surreal experience at best, and a handwringing, anxiety-ridden event at worst. During those formative years of our teenage lives, we were surrounded by – and spent countless hours...more

Fox Rothschild LLP

No lawyer, no problem. Justice will still be served.

Fox Rothschild LLP on

Judge Conrad’s Final Judgment in Airtron, Inc. v. Bradley Allen Heinrich ends this years-long Chapter 75, trade secret case. No doubt, the plaintiff (Airtron) pushed this lawsuit to make a point: if you take our secrets, we...more

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

German Federal Labor Court Ruling Facilitates Presentation of Evidence When Notice of Termination Is Served by Registered Mail

Germany’s Federal Labor Court (Das Bundesarbeitsgericht (BAG)) recently held that there is prima facie evidence that a so-called registered letter is generally posted in the mailbox within the usual local mail delivery times....more

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