News & Analysis as of

Summons

Marshall Dennehey

Pennsylvania Supreme Court Held that When Plaintiff Fails to Meet the Burden of Demonstrating Good Faith Effort in Diligently and...

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Ferraro v. Patterson-Erie Corp., 313 A.3d 987 (Pa. April 25, 2024) - In deciding whether a complaint served after expiration of the applicable statute of limitations period was time-barred, the Supreme Court of Pennsylvania...more

Lerch, Early & Brewer

How to Respond After Being Served in a Family Law Matter

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Your doorbell rings and you open the door only to find a process server or sheriff handing you court papers. You’ve been served. Though there may be many thoughts running through your mind in this moment, it is best to stay...more

BakerHostetler

First Circuit Adds Another Notch to the IRS’ Belt - Upholds Power To Summons Information from Virtual Currency Exchanges

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Anyone who thought blockchain would keep their cryptocurrency transactions private from the IRS needs to think again. According to the First Circuit’s recent holding, cryptocurrency users do not have a Fourth Amendment...more

U.S. Legal Support

What Kind of Papers Does a Process Server Serve?

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A process server is integral to initiating court cases in the legal system. But what is a process server, exactly? In simplest terms, the process server must ensure the timely and lawful delivery of court documents to...more

U.S. Legal Support

What is a Process Server and Why You Need One

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Whenever you initiate a lawsuit, you must give formal paperwork to the party (or parties) you are suing to inform them of the impending process. The individual responsible for delivering that paperwork is known as the process...more

Marshall Dennehey

Under Pennsylvania Law, Service of a Writ of Summons on Defendant’s Claims Administrator Does Not Constitute Valid Service.

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London-Walker v. Walgreens Family of Companies, 2023 WL 6465387 (E.D. Pa. 2023) - The plaintiff, a customer of the defendant’s store, tripped and fell on a mat located in the store. The plaintiff commenced the case in state...more

Gray Reed

IRS Seeks to Enforce Summons Related to Deferred Sales Trust

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We have previously spoken about monetized installment sales (“MISTs”) on Dollars & Sense.  According to the IRS, these structures typically seek to defer gains associated with the sale of an appreciated asset through the use...more

Association of Certified E-Discovery...

Does FRE 502(d) Allow a Party to Shift the Privilege Burden?

[Editor’s Note: This article has been republished with permission. It was originally published December 20, 2023 on the eDiscovery Assistant Blog] In Episode 127, on the ACEDS and eDiscovery Assistant #CaseoftheWeek, Kelly...more

Freiberger Haber LLP

It’s Settled!!  The Second Department Holds that Length Does Matter

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Most often a lawsuit begins with the filing of a summons and complaint or summons with notice. CPLR 304. Once the lawsuit is commenced, the plaintiff is required to serve the defendant(s) with process – the event by which...more

Law School Toolbox

Law School Toolbox Podcast Episode 416: Listen and Learn -- Service of Process (Civ Pro)

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Welcome back to the Law School Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about service of process – a subject that sometimes sneaks into Civil Procedure exam questions. We'll discuss the...more

Fox Rothschild LLP

IRS Going All in on Use of ArtificiaI Intelligence

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The IRS issued a news release today announcing a continued and more focused use of Artificial Intelligence (AI) to audit partnerships, large corporations and alleged tax shelter promoters. The news release follows...more

Dorsey & Whitney LLP

Minnesota Legislature Amends Commercial Eviction Law: What Landlords and Tenants Need to Know

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In May 2023, Minnesota passed a historic $1 billion-dollar investment in housing policy, enacting comprehensive changes to Minnesota Statutes Chapter 504B governing commercial and residential landlord-tenant law. Most...more

BakerHostetler

Kraken Loses Bid To Avoid Turning Over Customer Information to IRS

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In a recent ruling, a California federal judge held that Kraken, an online cryptocurrency exchange program, has to turn over user information to the IRS as a result of a John Doe summons originally served on Kraken in 2021....more

Law School Toolbox

Bar Exam Toolbox Podcast Episode 224: Listen and Learn -- Service of Process (Civ Pro)

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Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're talking about service of process – a subject that sometimes sneaks into Civil Procedure questions on the bar exam. We'll...more

McDermott Will & Emery

The Government Flexes Its Summons Muscles

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Two recent decisions confirmed the broad administrative summons authority of the Internal Revenue Service (IRS). In the first, the US Supreme Court resolved a circuit conflict regarding notice requirements for third-party IRS...more

Paul Hastings LLP

The IRS Can Obtain Your Bank Records Without Your Knowledge

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The U.S. Supreme Court rules that the IRS does not need to provide notice to innocent bank account holders when the summonses are issued in aid of collection of a delinquent taxpayer’s tax assessment. ...more

Rivkin Radler LLP

Supreme Court Upholds IRS Collections Summons Without Notice

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The Supremes- The Constitution has figured prominently in the news of late. In the days preceding the initial discussions among members of the Administration and the Congressional leadership regarding the debt ceiling,...more

Dorsey & Whitney LLP

The Supreme Court Update - May 18, 2023

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Today, the Supreme Court of the United States issued six decisions: Amgen Inc. v. Sanofi, No. 21-757: This case addressed the Patent Act’s “enablement” requirement—the provision that requires a patent applicant to describe...more

Dorsey & Whitney LLP

The Supreme Court Update - December 9, 2022

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Today, the Supreme Court of the United States granted certiorari in four cases: Coinbase, Inc. v. Bielski, No. 22-105: This case presents an issue of federal arbitration law. The question presented is: Whether a...more

Cadwalader, Wickersham & Taft LLP

IRS’s Crypto John Doe Summons Expanded While Harper Fights Back

Since at least 2016 the IRS has been ferreting out taxpayers who failed to report their taxable gains from cryptocurrency transactions by issuing John Doe summonses to crypto exchanges and dealers. A John Doe summons enables...more

Freeman Law

IRS Wins Ex-Parte Petition for Another Crypto John Doe Summons

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On September 21, 2022, the U.S. District Court for the Southern District of New York granted the IRS’s ex-parte motion for leave to serve a John Doe summons to M.Y. Safra Bank after the IRS’s investigation into digital asset...more

BakerHostetler

The Tax Man Isn't Leaving: The IRS Continues to Issue John Doe Summonses Relating to Virtual Currency Transactions

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Key Takeaways - ..A court approved the issuance of a John Doe summons by the IRS to a bank aimed at identifying individuals who are potentially avoiding their income tax obligations relating to cryptocurrency...more

Freeman Law

Tax Court in Brief | Lamprecht v. Comm’r | Qualified Amended Return and Foreign Banking Reporting

Freeman Law on

Tax Litigation:  The Week of August 29th, 2022, through September 2nd, 2022 Sparta Pink Property, LLC v. Comm’r, T.C. Memo. 2022-88 | August 29, 2022 | Lauber, J. | Dkt. No. 12114-20 Pressman v. Comm’r, T.C. Summ. Op....more

Goodwin

Central District of California Authorizes Service of John Doe Summons on Cryptocurrency Dealer - Update

Goodwin on

​​​​​​​On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX....more

Goodwin

Central District of California Authorizes Service of John Doe Summons on Cryptocurrency Dealer

Goodwin on

​​​​​​​On August 15, 2022, the United States District Court for the Central District of California authorized the IRS to serve a “John Doe” summons on Ox Labs Inc., a cryptocurrency prime dealer doing business as SFOX. ...more

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