In the recent case of Bank, et al. v. Lee, the New Jersey Appellate Division addressed a significant procedural issue regarding the timing for parties to file a motion to dismiss pursuant to New Jersey Court Rule 4:6-2(e)....more
While the Rolling Stones may have believed that time was on their side, today the Court of Appeals reminded prospective appellants that, when faced with a deadline for filing a Notice of Appeal, time is definitely not on...more
The United States Court of Appeals for the Third Circuit recently adopted amendments to its Local Appellate Rules, creating a new L.A.R. 26.1 and modifying L.A.R. Misc. 113.3(c). The amended rules now create a uniform 5:00...more
The District of Delaware has recently instituted several requirements in patent cases, many in response to the overwhelming caseload in part due to a judicial vacancy. In addition to the specific patent standing orders...more
On April 16, 2020, the Supreme People’s Court of China (the “SPC”) issued the Guiding Opinions of the SPC on Several Issues Concerning Proper Trial of Civil Cases Involving COVID-19 (I) (the “COVID-19 Opinions”), providing a...more
On Aug. 17, 2018, the Civilian Board of Contract Appeals (CBCA) published a final rule amending its rules of procedures which will be effective for cases filed with the board on or after Sept. 17, 2018. The CBCA's current...more
As this is being written, the office is quiet because it’s a federal holiday, and the weather forecasters are predicting Snowmageddon (defined as a 1% or more chance of one or more particles of frozen precipitation falling...more
Consistent filing and service procedures will become less of an oxymoron in California – especially for those legal practitioners who appear in the state’s appellate courts. E-filing is currently not mandatory in most cases...more
Can a complaint be “filed” before the “filing process” is completed? Actually, yes, according to Farley v. Koepp, No. 14-1695, a recent decision from the Seventh Circuit written by Judge Sykes. Here is the scene: Late on...more
The first questions any defendant served with a complaint filed in state court should consider are whether removal of the action to federal court is preferable and, assuming the action is removable, when must a notice of...more