News & Analysis as of

Rules of Civil Procedure Notice Requirements

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

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

Womble Bond Dickinson

Conducting Efficient and Successful Commercial Foreclosure Sales in Georgia: The Process and Considerations for Lenders

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As a non-judicial foreclosure state, it is often thought of as being “easy” to foreclose in Georgia. However, the foreclosure process requires more than running an advertisement for four weeks and conducting the sale on the...more

Pierce Atwood LLP

SJC Amends Notice Requirements Under Mass. R. Civ. P. 23

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Earlier this year, the SJC approved several amendments to the Massachusetts Rules of Civil Procedure, which are to take effect on September 1, 2023. One such amendment applies to Mass. R. Civ. P. 23, and specifically to the...more

Holland & Knight LLP

El Consejo de Estado de Colombia cambia la forma de contabilizar el término para apelar

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No es para menos que el Consejo de Estado de Colombia haya unificado jurisprudencia en materia de notificaciones de los fallos, dado que la Ley 1437 de 2011 ha sufrido importantes cambios en razón de varias leyes...more

Bricker Graydon LLP

Mechanics' liens and public improvements: A primer

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Mechanics' liens on public construction projects are a fact of life. Although they may seem familiar, it does not pay to regard them too casually. Mechanics' liens are statutory creatures, and anyone dealing with them needs...more

Awatif Mohammad Shoqi Advocates & Legal...

Memorandum Of Defense – A Defendant’s Guide To Fighting A Court Case

If you have never been involved in a court proceeding in the UAE, chances are that you may not be familiar with the phrase “memorandum of defense”. However, it may be relevant to know this term and the process of litigation...more

BCLP

Failed application for setting aside an arbitral award before Hong Kong Court on the grounds of the lack of proper notice of the...

BCLP on

K v T ([2022] HKCFI 1194, HCCT 53/2021, 26 April 2022) was a court application made by the Respondent in the arbitration for an extension of time to set aside an arbitral award. Brief facts - The sum in dispute was...more

Holland & Knight LLP

Fifth Circuit Shakes Up Standard for Certifying FLSA Collective Actions

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The U.S. Court of Appeals for the Fifth Circuit issued a potentially landmark decision in Swales v. KLLM Transport Services, L.L.C. on Jan. 12, 2021, rejecting more than 30 years of case law related to conditional...more

Jackson Walker

Federal Eviction Moratorium Broadened and Extended Through the End of 2020

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On Tuesday, September 1, the Trump administration announced an order, put forward by the Centers for Disease Control and Prevention, that claims to suspend residential evictions through the end of the year for many tenants...more

Jackson Walker

Status of Federal, State, and Local Moratoriums on Evictions in Response to COVID-19 Pandemic

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The Texas Supreme Court has extended the moratorium on residential eviction procedures for CARES Act applicable residences until September 30, 2020, offering a few more weeks of relief to certain renters as the economic...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Products Liability Series: What is Arkansas' Law on Joint and Several Liability?

Arkansas limits a judgment against a defendant to no more than its proportional share of the damages. In other words, damages are allocated to a defendant in direct proportion to that defendant’s percentage of fault. For...more

Jaburg Wilk

Arizona Lien, Payment Bond, and Stop Notice Summary Guidelines

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Preliminary Lien Notices - “Prelims” should always be given (usually necessary for perfecting lien, bond and stop notice claims) Send within twenty (20) days of first day materials/labor furnished (“20-day...more

Ward and Smith, P.A.

North Carolina Supreme Court Holds That Liberal Standard of Notice Pleading Applies to Judicial Foreclosure Actions

Ward and Smith, P.A. on

In an important decision for creditors, the North Carolina Supreme Court recently clarified the distinction between judicial foreclosure and non-judicial foreclosure by power of sale. In U.S. Bank v. Pinkney, the Supreme...more

Proskauer - Minding Your Business

NY Commercial Division Requires Supporting Papers to Accompany Notice of TRO

We previously covered a proposed amendment to the New York Commercial Division Rule 20 that aimed to require moving parties seeking a temporary restraining order (“TRO”) to, absent significant prejudice, provide opposing...more

Clark Hill PLC

Texas Legislative Outlook

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It’s that time again – the 85th Texas Legislature is underway in Austin, and a number of bills could affect civil litigation in state courts. Below are a few bills that trial lawyers may want to follow....more

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