News & Analysis as of

Rules of Court Appeals

Goodell, DeVries, Leech & Dann, LLP

When Is an Appellate Rule Not a Rule?

Attorneys love rules. And our adversarial legal system functions best when both sides understand and follow common rules. So one Maryland appellate rule has always confounded me because it is routinely construed as meaning...more

Dickinson Wright

The Michigan Court of Appeals Internal Operating Procedures (a/k/a “the IOPs”)

Dickinson Wright on

When it comes to handling a case in the Michigan Court of Appeals, one of the most useful resources may be the Court’s Internal Operating Procedures (commonly known as the “IOPs”). Although much of the information in the...more

Goldberg Segalla

Avoid Sanctions by Reading the Rules and Admitting a Mistake

Goldberg Segalla on

Read the rules. Let’s say it again: Read. The. Rules. On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

Jenner & Block on

I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

Jenner & Block

Illinois Civil Practice Guide - 2022 Edition

Jenner & Block on

THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

California Supreme Court Holds Failure to Promote Claims Accrue With Employee’s ‘Knowledge’ of Denied Promotion

If an employee is passed over for a promotion due to alleged harassment, does the failure to promote happen when the employer decides to promote someone else or when the successful candidate actually takes on the role? ...more

Carlton Fields

The Game of Forfeiture: Fumbling the Ball and How the Court May Recover It

Carlton Fields on

In the spirit of the upcoming Super Bowl, it is important to keep in mind certain rules of play regarding forfeiture of arguments in federal courts of appeals. The Tenth Circuit reiterated two such rules in recent opinions....more

Farrell Fritz, P.C.

Three New Rule Amendments Proposed by the Commercial Division Advisory Council

Farrell Fritz, P.C. on

The Commercial Division Advisory Council (the “Advisory Council”) has proposed three new amendments to the Commercial Division Rules: (1) a proposed amendment to Rule 1, which will allow counsel to participate in court...more

McManis Faulkner

Citation to Unpublished Cases: A Brief Comparison of Federal And California Practices [Part 3 of 5]

McManis Faulkner on

Attorneys who appear in both state and federal courts must be familiar with the differences between the two systems. While some rules have harmonized over time, other procedures are entirely distinct. As a matter of...more

Allen Matkins

Must A Board Of Directors Authorize The Filing Of A Lawsuit On The Corporation's Behalf?

Allen Matkins on

California Corporations Code Section 300(a) declares that "the business and affairs of the corporation shall be managed and all corporate powers shall be exercised by or under the direction of the board." Does this mean that...more

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