News & Analysis as of

Rules of Civil Procedure

Litigation procedure: a round-up for construction in-house lawyers

by Dentons on

Proposals for new disclosure rules in the offing - The changes made to the Civil Procedure Rules (CPR) back in 2013 introduced a new menu of disclosure options to make the process more efficient and ensure that costs are...more

Goodbye to the kitchen sink approach? New disclosure rules in the offing

by Dentons on

Background to the Pilot - The current disclosure regime has been ripe for improvement for some time. Despite the amendments to Part 31 of the Civil Produce Rules in 2013, which saw the introduction of a menu of different...more

Lawyer Mistakes Could Ruin Your Settlement!

Woodland Hills personal injury lawyer Barry P. Goldberg has literally settled thousands of cases over the years. A settlement seems simple and easy to document. However, many lawyers make a “mistake” when settling a...more

NC Business Court Stretches NCRCP 14 to Allow New Third Party Defendants To Be Added Years After The Commencement Of Litigation

by Brooks Pierce on

The North Carolina Rules of Civil Procedure are fairly identical to the Federal Rules of Civil Procedure. In fact, I am hard pressed to think of any substantial differences....more

So, You’re Telling Me I Have to Follow the Whole Rule?

In Smith v. Fedor, issued today, the South Carolina Court of Appeals found that a judge may dismiss a motion under Rule 59, SCRCP without considering the merits if it is not provided to the judge within ten days of filing....more

Items of Interest on the Federal Civil Rules Committee Agenda

by Reed Smith on

The federal Advisory Committee on Rules of Civil Procedure released its latest Civil Rules Agenda Book on November 7, 2017. A couple of items on the agenda should be of interest to blog readers. The first topic has to do...more

Court Held That Statutory Probate Court Had Subject Matter Jurisdiction Over Trust Dispute

by Winstead PC on

In Barcroft v. Walton, a statutory probate court entered sanctions, struck a defendant’s pleadings, and entered a default judgment against a defendant in a trust case. No. 02-16-00110-CV, 2017 Tex. App. LEXIS 8541 (Tex....more

Argentina’s Arbitration Legal Reform: Steps in the Right Direction?

by WilmerHale on

Argentina is arguably one of the countries with the most untapped economic potential worldwide. Argentina’s government, led by President Mauricio Macri, is trying to change that. Together with undertaking economic and...more

Temporary Injunctive Relief in Texas

by Winstead PC on

David F. Johnson, lead writer for the Texas Fiduciary Litigator blog, presented his detailed paper entitled “Temporary Injunctive Relief in Texas” to the Tarrant County Bar Association’s Business Litigation Section on October...more

How much can a judge intervene in cross-examination before a trial becomes unfair?

by Dentons on

A TCC decision looks set to shake up the construction industry's approach to concurrent delay and how to draft extension of time clauses. What's more, the decision is so forthright and clear that its application may influence...more

Open Court Principle Means No Secret Proceedings If They Would Directly Affect a Competitor's Rights

by Bennett Jones LLP on

Equip: IP Litigation Case of the Week - Courts in Canada are presumed to be open and accessible to the public. Although a party’s commercial interests can be protected, a court will not grant a confidentiality order if...more

New California Law Seeks To Root Out Juror Bias, But What Would Calvin H. Higbie Say?

by Allen Matkins on

The right to a jury trial in criminal cases is guaranteed by the Sixth Amendment to the U.S. Constitution and by Article I, Section 16 of the California Constitution. Implicit in the requirement of a jury is the idea that...more

When Your “Private” Project Suddenly Turns into a “Public” Project. Hint: It Doesn’t Necessary Turn on Public Financing or...

In 1931, during the Great Depression, the federal government enacted the Davis-Bacon Act to help workers on federal construction projects. The Davis-Bacon Act, also known as the federal prevailing wage law, sets minimum wages...more

Industrial Commission No Longer to Allow Carriers to Directly File Motions and Responses (Form 24s, 23 Responses, etc.)

Meredith Henderson, the North Carolina Industrial Commission’s Executive Secretary, has announced that beginning Monday, September 18, 2017, the Commission will no longer accept Motions or Motion Responses filed by adjusters....more

Further Disclosure? Yes, but Not at Any Cost

by Latham & Watkins LLP on

In very broad terms, parties to English litigation disclose documents that they or their opponents may want to rely upon — even if the disclosed documents are adverse to the disclosing party. Parties may seek orders for...more

Who Is Presumptively Authorized To Order Class Arbitration? Circuit Courts Weigh In

by Latham & Watkins LLP on

Recent circuit court decisions have strategic implications for companies facing potential class arbitration claims. Key Points: - The Eighth and Ninth Circuits both found in separate cases that the authority to...more

A not so special leave – Mercanti v Mercanti [2017] HCA 1

by Dentons on

The High Court has recently dismissed an application for special leave to appeal the Western Australian Court of Appeal’s decision in Mercanti v Mercanti [2016] WASCA 206, in respect of a case involving amendments to a family...more

The Intel Case – Facts do matter!

by Dentons on

Companies commonly use rebates to maximise sales. From a competition law perspective, such rebate schemes are ordinarily unproblematic. However, dominant companies may apply rebates in a way that distorts competition, in...more

No Second Chance: Default Judgment Stands Against Infringers without a Reasonable Explanation for their Delay

by Bennett Jones LLP on

Some defendants have the mistaken belief that court deadlines are inherently flexible, and that even a default judgment can be set aside with a simple “mea culpa”. Not so. Without a reasonable explanation—and proof supporting...more

The widely anticipated UAE law on arbitration – an end in sight?

by White & Case LLP on

By the end of Q4 2017, the United Arab Emirates is expected to enact a new federal arbitration law based on the UNCITRAL Model Law and associated international standards....more

Developments in civil litigation: second Jackson report published

by White & Case LLP on

Lord Justice Jackson's hotly anticipated report on fixed recoverable costs has just been published and makes a forceful case for fixed costs recovery in lower-value claims in England and Wales....more

Court Reversed A Finding Of Breach Of Fiduciary Duty (And $470,000,000 Judgment) Because No Partnership Ever Existed Due To The...

by Winstead PC on

In Enterprise Prods. Partners, L.P. v. Energy Transfer Partners, L.P., the jury found Enterprise Products Partners, L.P. (“Enterprise”) was in a general partnership with Energy Transfer Partners, L.P. (“ETP”) regarding a...more

Fifth Circuit Expands Post-Trial Review of Summary Judgments

by Strasburger & Price, LLP on

In Feld Motor Sports, Inc. v. Traxxas , L.P., No. 16-40686 2017 U.S. App. LEXIS 11705 (5th Cir. June 30, 2017), the Fifth Circuit held for the first time that an appellate court can review a trial court’s legal conclusions in...more

Round-up of litigation, adjudication and ADR procedure news for in-house lawyers and experts

by Dentons on

Our latest whistle-stop tour through recent news and decisions on litigation and alternative dispute resolution procedures....more

In-House Counsel's Worst Nightmare: A Subpoena In A Case To Which The Company Is Not A Party

by Brooks Pierce on

I don't think that there is anything worse than having a client get subpoenaed in a case to which it isn't a party. It didn't want to be drawn into someone else's problem, to have to scour its records to respond to an...more

198 Results
|
View per page
Page: of 8
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.