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Rules of Civil Procedure Jurisdiction

BakerHostetler

Texas Takes Latest Step Toward Adopting UIDDA

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Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA. ...more

Esquire Deposition Solutions, LLC

Texas Supreme Court Embraces Interstate Deposition Act

Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more

Freeman Law

Can Texas Plaintiffs Serve Process on the Home-State Registered Agents of Out-of-State Defendants?

Freeman Law on

An analysis of Lawton Candle v. BG Personnel LP and Texas Rule of Civil Procedure 108. In a recent case, Lawton Candle v. BG Personnel LP, the Dallas Court of Appeals overturned a default judgment against an Oklahoma LLC...more

Butler Snow LLP

Recent Changes to the Mississippi Rules of Civil Procedure

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The last quarter of 2024 and the beginning of 2025 saw multiple amendments to the Mississippi Rules of Civil Procedure that will impact Mississippi practitioners. The three primary Rule changes are: (1) third-party...more

Fox Rothschild LLP

Appellate Courts and Messy Kitchens

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Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more

Winstead PC

Court Reversed A Judgment Based On A No-Contest Clause Because After Nonsuiting The Will Contest Pleading, The Trial Court Did Not...

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In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no...more

Snell & Wilmer

Arizona Court of Appeals Clarifies Proper Scope of Deposition Questioning and Gives Litigants Early Look at New Special Action...

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The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more

Farrell Fritz, P.C.

The Commercial Division Proposes a Monetary Threshold for Equitable and Declaratory Relief: Implications and Insights

Farrell Fritz, P.C. on

One of the ongoing goals of the New York State Office of Court Administration (“OCA”) is to periodically update and refine the jurisdictional criteria for the Commercial Division to ensure that it exclusively handles complex...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

Latham & Watkins LLP

Chambers Global Practice Guides: International Arbitration 2024 - Hong Kong

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Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more

Winstead PC

Texas Supreme Court Reverses Order In Trust Dispute Granting A Constructive Trust

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In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more

Stark & Stark

What Are the Different Kinds of Workers’ Compensation Settlements in New Jersey?

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In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal....more

BCLP

Changes in the Payment and Adjudication Processes Regarding Variations and Time-related Disputes

BCLP on

In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more

Butler Weihmuller Katz Craig LLP

Sweeping Changes to Florida Rules of Civil Procedure

The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more

Miller Canfield

Supreme Court Holds that Where Two Contracts Conflict on the Issue of Arbitrability, Courts - Not Arbitrators - Decide Which...

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When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more

BCLP

The 'Juge Des Référés' Lacks Jurisdiction to Order the Closure of a Fraudulent Website

BCLP on

In a ruling dated 2 April 2024 (Tribunal Judiciaire de Paris, 2 April 2024, RG no. 24/51659), the President of the Tribunal Judiciaire de Paris confirmed that he could no longer be seised in référé (summary proceedings)...more

WilmerHale

Draft Bill for the Modernization of German Arbitration Law

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Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more

Carlton Fields

Motions For Rehearing: An Often Overlooked Preservation Requirement

Carlton Fields on

Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more

Hendershot Cowart P.C.

Federal Vs. State Court: How Do You Determine Where To File A Lawsuit?

Hendershot Cowart P.C. on

How do you determine whether a case should be heard in state court or federal court? Lawsuits can be filed in either state or federal court, depending on where the litigants live or do business, the type of case, the amount...more

Latham & Watkins LLP

China Amends Foreign-Related Civil Procedure Rules

Latham & Watkins LLP on

On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more

WilmerHale

Chambers Global Practice Guides - International Arbitration 2023 - England & Wales

WilmerHale on

In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more

Roetzel & Andress

Recent Changes to the Ohio Rules Address Remote Attendance, Discovery Disputes, and Service of Process

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The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more

Foley & Lardner LLP

Texas Legislature Passes Bill Creating Specialized Business Trial Courts: 12 Things You Need To Know Now

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On May 25, 2023, the Texas Legislature passed HB 19, legislation that creates specialized business courts. The bill now will make its way to the Governor’s desk for consideration. Here is what you need to know now:...more

King & Spalding

A Business Court in Texas: What It Means for Litigants, Attorneys, and Commercial Law

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After years of stalled attempts, Texas will soon be the thirtieth state to establish a specialized business court specifically designed to hear complex commercial cases. House Bill 19, recently approved by the Texas...more

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