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  • Article

    Fifth Circuit Holds That Evidence Adduced At A Default Judgment "Prove Up" Hearing Cannot Cure A Deficient Complaint

    The Fifth Circuit recently considered the pleading requirements to support a default judgment. In Wooten v. McDonald Transit Associates, No. 13–11035, 2015 U.S. App. LEXIS 28 (5th Cir. Jan 2, 2015)...
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Following A Unanimous Supreme Court Decision, Defendants Remove Most Louisiana Coastal Cases To Federal Court

    An 8-0 ruling by the Supreme Court of the United States that a lawsuit by a Louisiana parish and state agencies against Chevron belongs in federal court has cleared the way for a jurisdictional shake-up...
    United StatesLitigation, Mediation & Arbitration
Liskow
Liskow
  • Article

    Georgia Court Of Appeals Expands The Time Period In Which Crime Victims Can File Civil Lawsuits

    The April term of court for the Georgia Court of Appeals will end on July 15. In these last weeks of the term, the Court often will issue opinions in its most difficult cases.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    “I Settled, But The Dispute Continues?”

    Most people think settlement ends a dispute. But a settlement agreement is a legally binding contract, and disputes regarding compliance can arise. A recent decision from the Washington Court of Appeals, Cai v. Wen...
    United StatesLitigation, Mediation & Arbitration
    Beresford Booth
    Beresford Booth
  • Article

    Mandamus Review Of Orders Granting New Trials: What's The Standard?

    It used to be that orders granting new trials were effectively not reviewable. But the Texas Supreme Court has started to rein in the discretion of the trial court to grant a new trial.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Mandamus Review Of Orders Granting New Trials: What's The Standard?

    It used to be that orders granting new trials were effectively not reviewable. But the Texas Supreme Court has started to rein in the discretion of the trial court to grant a new trial.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Massachusetts High Court Emphasizes Judicial Control Over Class Settlements And Limits Nonparty Challenges

    The Massachusetts Supreme Judicial Court addressed post-settlement challenges in a class action involving alleged violations of the state's security deposit statute and Chapter 93A.
    United StatesLitigation, Mediation & Arbitration
    Greenberg Traurig
    Greenberg Traurig
  • Article

    New Commercial Division Rule Seeks To Streamline Privilege Log Requirements For Litigants

    The New York Supreme Court implemented a major change to the Commercial Division rules governing privilege logs submitted during the course of litigation.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    New Interview Standards For Former Employees Of Adverse Party

    The Texas Disciplinary Rules of Professional Conduct permit ex parte interviews of unrepresented former employees of an adverse corporate party.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    Parties Must Exhaust Administrative Remedies Before Challenging Even A CEQA Exemption

    The California Supreme Court recently reinforced the CEQA requirement that a party must exhaust administrative remedies even where the public agency finds a project exempt from CEQA, if the agency (a) gave notice of the grounds for its exemption determination; and (b) held a public hearing on the project at which the public had the opportunity to object to the exemption determination, even though CEQA does not require the filing of a notice of determination for exemption determinations.
    United StatesLitigation, Mediation & Arbitration
    Sheppard
    Sheppard
  • Article

    Pennsylvania Supreme Court Converts Notes To Standards

    The PA Supreme Court changed its internal operating procedures to delete standards for the Court to follow as to when to grant Petitions for Allowance of Appeal.
    United StatesLitigation, Mediation & Arbitration
    Fox Rothschild LLP
    Fox Rothschild LLP
  • Article

    Remote Practice Of Law In Colorado

    On February 8, 2024, the Colorado Supreme Court adopted changes to the Colorado Rules of Professional Conduct, including Rule 5.5 on Unauthorized Practice of Law and Multijurisdictional Practice of Law.
    United StatesLitigation, Mediation & Arbitration
    Fairfield and Woods
    Fairfield and Woods
  • Article

    SEC v. Jarkesy: Defendants Entitled To Jury Trial In SEC Fraud Actions

    Seventh Amendment entitles defendants to jury trials when the SEC seeks civil penalties for securities fraud.
    United StatesLitigation, Mediation & Arbitration
    Jones Day
    Jones Day
  • Article

    Supreme Court Blocks State Affidavit-of-Merit Laws In Federal Court

    The United States Supreme Court has decided that affidavit-of-merit requirements based in state law do not apply in federal courts.
    United StatesLitigation, Mediation & Arbitration
    Wilson Elser Moskowitz Edelman & Dicker LLP
    Wilson Elser Moskowitz Edelman & Dicker LLP
  • Article

    Supreme Court Holds That Securities Fraud Plaintiffs Need Not Show Materiality At Class Certification

    Today, in Amgen Inc. v. Connecticut Retirement Plans and Trust Funds, No. 11-1085, the Supreme Court held that proof of materiality is not a prerequisite for class certification in a securities fraud class action under Section 10(b), even though materiality is a predicate of the fraud-on-the-market presumption of reliance.
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Supreme Court To Decide Whether All Evidence Supporting Removal Under The Class Action Fairness Act Must Be Submitted With The Notice Of Removal

    To remove a civil action from state court to federal court, the defendant must "file ... a notice of removal ... containing a short and plain statement of the grounds for removal." 28 U.S.C. § 1446(a).
    United StatesLitigation, Mediation & Arbitration
    Mayer Brown
    Mayer Brown
  • Article

    Tariff Recovery Litigation: Class Of All Importers Who Paid IEEPA Duties Certified By The Court Of International Trade

    The Court of International Trade has certified a class action encompassing all importers who paid IEEPA tariffs between February 2025 and February 2026, providing a pathway for recovery even for those who haven't filed individual claims or participated in the CAPE program. This landmark decision particularly benefits smaller importers who may have been unable to navigate the refund process independently, with the court emphasizing comprehensive notice and supervised refund procedures.
    United StatesLitigation, Mediation & Arbitration
    Carter Ledyard & Milburn LLP
    Carter Ledyard & Milburn LLP
  • Article

    Texas Supreme Court Punts On Standard Of Review Of New Trial Orders

    Over the last few years the Texas Supreme Court has slowly added details to its ground-breaking pronouncement that a trial court can't grant a new trial without "reasonably specific" reasons supported by the record.
    United StatesLitigation, Mediation & Arbitration
    Strasburger & Price, L.L.P.
    Strasburger & Price, L.L.P.
  • Article

    The Georgia Supreme Court Nears The End Of Its December Term

    The Georgia Supreme Court has readjusted its terms of court. One of those adjustments includes adding a December term that will end this year on March 31.
    United StatesLitigation, Mediation & Arbitration
    Smith Gambrell & Russell
    Smith Gambrell & Russell
  • Article

    The Supreme Court Enters The Digital Age

    Electronic filing is coming to the U.S. Supreme Court! Effective November 13, 2017, amendments to the Supreme Court's rules take effect that require represented parties (and their amici) to submit petitions...
    United StatesLitigation, Mediation & Arbitration
    Proskauer Rose LLP
    Proskauer Rose LLP
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