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  • Article

    Adduced! Ensuring The Record In CPLR Article 78 Proceedings

    A special proceeding pursuant to New York Civil Practice Law and Rules (“CPLR”) Article 78, specifically Section 7803(3), is the vehicle for challenging determinations of a body or officer.
    United StatesLitigation, Mediation & Arbitration
    Farrell Fritz
    Farrell Fritz
  • Article

    Appeal Dismissed: SCOTUS Delivers Tough Lesson To Be Careful What You Ask For

    Traditionally, when litigants think of preservation, they think about advancing an argument in a lower court in order to be able to present it to a higher court on appeal if necessary.
    United StatesLitigation, Mediation & Arbitration
    Carlton Fields
    Carlton Fields
Article

Appeals From Interlocutory Orders

Most people who have been either the petitioner or the respondent in a contested dissolution of marriage action know that they have a right to appeal from the final judgment.
United StatesLitigation, Mediation & Arbitration
Schiller DuCanto & Fleck LLP
Schiller DuCanto & Fleck LLP
  • Article

    Appellate Court Rules On Liability For Environmental Remediation And Valuation Of Eminent Domain Takings - July 2012

    Appellate Division Concludes Condemnation of Former Landfill Is Not Subject To Trust-Escrow Valuation Approach.
    United StatesLitigation, Mediation & Arbitration
    Greenbaum, Rowe, Smith & Davis LLP
    Greenbaum, Rowe, Smith & Davis LLP
  • Article

    Appellate Rule Amendments Add New Class Of Cases To Those Covered By Longer Appeal Periods

    Lawyers handling matters involving the federal government are likely aware that a longer period applies for appealing a final judgment in federal court.
    United StatesLitigation, Mediation & Arbitration
    Schnader Harrison Segal & Lewis LLP
    Schnader Harrison Segal & Lewis LLP
  • Article

    Attorney Chris Edwards Featured In NCAJ Trial Briefs Q1 Issue

    Chris Edwards, a Board Certified Specialist in Appellate Practice at Ward and Smith, P.A., shares his expertise on effective legal writing in the Q1 issue of Trial Briefs. His column provides North Carolina trial attorneys with practical strategies for crafting clearer, more persuasive appellate briefs that resonate with judges. Edwards emphasizes the critical importance of context, brevity, and careful editing in making legal arguments accessible and compelling.(for PR)
    United StatesLitigation, Mediation & Arbitration
    Ward and Smith, P.A
    Ward and Smith, P.A
  • Article

    Attorneys Can Assist In Drafting Expert Reports, But Experts Must Substantially Participate

    Hence, vigorous cross-examination, the presentation of contrary evidence and a careful instruction on the burden of proof were held to be the appropriate vehicles to challenge the expert's report.
    United StatesLitigation, Mediation & Arbitration
    Akin
    Akin
  • Article

    Automotive Alert: Michigan Appellate Court Adopts "Apex" Rule To Limit Senior Executive Depositions

    A Michigan Court of Appeals just adopted the so-called "apex" deposition rule in Alberto v. Toyota Motor Corp. See ___ N.W.2d ___, 2010 WL 3057755 (Mich. Ct. App. Aug. 5, 2010).
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    BASF, Cahill Liable For Asbestos Evidence, 3rd Circ. Told

    Jeffrey M. Pollock was quoted in Law360 article, "BASF, Cahill Liable for Asbestos Evidence, 3rd Circ. Told." Full text can be found in the March 13, 2014, article, but a synopsis is noted below.
    United StatesLitigation, Mediation & Arbitration
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Big Win For Drug Companies Under The New Jersey Product Liability Act

    On September 29, 2011, in Bailey v. Wyeth, et al., a New Jersey appellate court affirmed summary judgment in favor of two Pfizer subsidiaries and Wyeth, Inc., dismissing claims for violations of New Jersey's Product Liability Act (PLA).
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    BNSF Railway: SCOTUS Narrows General Jurisdiction For Corporate Defendants And Limits The Reach Of Wisconsin's Long-arm Statute

    The U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to general jurisdiction in Montana to answer for alleged work-related injuries occurring in North Dakota and South Dakota.
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    BNSF Railway: SCOTUS Narrows General Jurisdiction For Corporate Defendants And Limits The Reach Of Wisconsin's Long-Arm Statute

    Last week, in BNSF Railway Co. v. Tyrrell, 581 U.S. ___, No. 16-405, the U.S. Supreme Court reversed the Montana Supreme Court and concluded that BNSF Railway was not subject to...
    United StatesLitigation, Mediation & Arbitration
    Foley & Lardner LLP
    Foley & Lardner LLP
  • Article

    Business Court Modernization Bill Is Now Law

    This session we've watched SB 853 - Business Court Modernization work through the legislative process.
    United StatesLitigation, Mediation & Arbitration
    Womble Bond Dickinson
    Womble Bond Dickinson
  • Article

    California Adopts "Sophisticated User" Defense

    On April 3, 2008, the California Supreme Court unanimously held that the "sophisticated user" defense applies in California to both negligence and strict liability causes of action. Under the sophisticated user defense, "[a] manufacturer is not liable to a sophisticated user of its product for failure to warn of a risk, harm, or danger, if the sophisticated user knew or should have known of that risk, harm, or danger."
    United StatesLitigation, Mediation & Arbitration
    Duane Morris LLP
    Duane Morris LLP
  • Article

    California Supreme Court Refuses To Create An Exception To Mediation Confidentiality - Again

    Recently, the California Supreme Court once again upheld mediation confidentiality in a unanimous and long-awaited ruling in Simmons v. Ghaderi.
    United StatesLitigation, Mediation & Arbitration
    Waller Lansden Dortch & Davis
    Waller Lansden Dortch & Davis
  • Article

    California Supreme Court Says "No" To Would-Be Intervenors In Turrieta Private Attorney General Act Ruling

    On August 1, 2024, in Turrieta v. Lyft, Inc., the California Supreme Court clarified an important procedural issue that relates to the resolution of Private Attorney General Act (PAGA) matters.
    United StatesLitigation, Mediation & Arbitration
    Rimon
    Rimon
  • Article

    CBAs Must Specifically State Intent To Arbitrate Statutory Rights

    Vasserman, instead of filing a grievance, sued in state court for violation of the California Labor Code, including claims for a failure to pay all regular and overtime wages and a failure....
    United StatesLitigation, Mediation & Arbitration
    Seyfarth Shaw LLP
    Seyfarth Shaw LLP
  • Article

    Changing Of The Guard In The New York County Commercial Division

    On May 22, 2017, Governor Andrew M. Cuomo announced that Justices Anil C. Singh and Jeffrey K. Oing had been appointed to fill vacancies on the bench of the Appellate Division, First Department.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    Chevron Doctrine In Crosshairs, But Next SCOTUS Steps Are Hard To Predict

    Joe Palmore spoke to Communications Daily and Communications Litigation Today about the upcoming U.S. Supreme Court case Loper Bright Enterprises v. Raimondo...
    United StatesLitigation, Mediation & Arbitration
    Morrison Foerster
    Morrison Foerster
  • Article

    Choosing A Specific Domain Name And Adding Commentary To Defamatory Posts Causes Host To Lose §230 Immunity

    Via Section 230, the Communications Decency Act provides broad immunity for service providers, hosts and website operators for claims stemming from their publication of information created by third parties.
    United StatesLitigation, Mediation & Arbitration
    Holland & Knight
    Holland & Knight
  • Showing 821–840 of 4296 results

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