News & Analysis as of

Rules of Civil Procedure

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

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

Fenwick & West LLP

Federal Circuit Lays Out When Expert Witnesses in Patent Litigation Must Have Required Expertise

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In patent litigation, expert witnesses play a crucial role in providing specialized knowledge to the court. In a recent case where Osseo Imaging LLC sued Planmeca USA Inc. for patent infringement, the Federal Circuit...more

Allen Matkins

Foreign Corporations Filing Actions In California May Be Required To Post Bonds When Domestic Corporations Are Not

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Under Section 1030 of the California Code of Civil Procedure, a defendant may at any time apply to the court by noticed motion for an order requiring the plaintiff to file an undertaking to secure an award of costs and...more

WilmerHale

Federal Circuit Patent Ruling Clarifies Section 101 Procedures

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Courts have long interpreted Title 35 of the U.S. Code, Section 101, to bar patenting abstract ideas, laws of nature or natural phenomena. But until six years ago, the U.S. Court of Appeals for the Federal Circuit's...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

Obermayer Rebmann Maxwell & Hippel LLP

Motion Practice in New Jersey

You and your co-parent are at an impasse on an issue pertaining to your child, and you realize you need the Court’s assistance. In New Jersey, litigants can request various reliefs through the family court by engaging in what...more

Bennett Jones LLP

Statutory Amendments to Certification Test: Banman v Ontario, 2023 ONSC 6187

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Approximately four years have passed since the new amendments to Ontario’s Class Proceedings Act, 1992 came into force. One of the most significant amendments was the addition of subsection 5(1.1) to the preferable procedure...more

Obermayer Rebmann Maxwell & Hippel LLP

Protection From Abuse Series (Part 3)

After an abused party appears for an ex-parte hearing, a date is scheduled for a full hearing involving both parties. These matters move very quickly within the legal system as the law dictates that the full hearing must be...more

BCLP

Funding Representative Actions: The Strategic Decision between CPR 19.8 and Collective Actions in the CAT

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The English High Court offers limited routes to bring “opt-out” group claims but, in recent years, funded claimants have attempted to bring representative actions under CPR 19.8 at a notable rate. The rule has been available,...more

Holland & Knight LLP

New York Consumer Protection Laws Gives Rise to Per-Violation Statutory Damages

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Relatively few consumer class action cases reach trial; most are settled or resolved through motion practice. The paucity of cases tried to judgment makes it notable when, as in the case discussed here, one goes all the way...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

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

Marshall Dennehey

Florida Rule of Civil Procedure 1.442(c)(3)’s Apportionment Requirement Found Inapplicable by Virtue of Rule 1,442(c)(4) as the...

Marshall Dennehey on

Webjet Linhas Aereas S.A. etc., et al. v. ZGA Aircraft Leasing, Inc., 49 Fla. Weekly D620a (Fla. 3rd DCA 2024) - On March 20, 2024, the Third District Court of Appeal rendered a decision concerning the characterization of a...more

Stark & Stark

Guardianship for a Special Needs Child

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As an attorney and a father of two special needs children, I uniquely understand the necessity of becoming a legal guardian for my children as soon as they reach eighteen years of age. Many individuals, however, may not...more

Walkers

How appealing: Privy Council clarifies BVI test for appeal as of right to the Board

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There are two approaches for determining whether a decision is final or interlocutory: the "application test" or the "order test". For the purpose of an application for permission to appeal from the Court of Appeal of the...more

Butler Snow LLP

Dead Letter or Dead to Rights?

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In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more

Butler Snow LLP

50 State Survey: Offer of Judgment Statutes and Rules

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Most states have an offer of judgment provision, and many of them are patterned after Federal Rule of Civil Procedure 68. Unlike Fed. R. Civ. P. 68, some states allow either party—not just the defendant—to make an offer of...more

Hogan Lovells

Modificación a la regulación procesal en materia civil y familiar en la Ciudad de México

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El 3 de julio de 2024, el Congreso de la Ciudad de México declaró la vigencia del Código Nacional de Procedimientos Civiles y Familiares (CNPCyF), marcando un cambio importante en el marco legal. La Declaratoria de Vigencia...more

Clark Hill PLC

Changes Take Effect for Florida Rules of Civil Procedure

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Recently, the Florida Supreme Court amended the Florida Rules of Civil Procedure, and two notable changes took effect on July 1. First, the Florida Supreme Court is amending Rule 1.110 to require any party who sets forth any...more

Cozen O'Connor

A New Era for Extra-Contractual Damages in Oregon - What We Know and What We Are Learning Six Months Since Moody

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The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more

Carlton Fields

Changes Are Coming to SDNY and EDNY Joint Local Rules

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On October 16, 2023, judges from the U.S. District Court for the Eastern District of New York and the U.S. District Court for the Southern District of New York published proposed changes to their joint local rules. As the...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

BCLP

Key Developments and Changes in Comparison With the Existing Contractual Security of Payment Regime: Construction Industry...

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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

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