Search for: "In Re Amendments to Rules of Civil Procedure"
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9 Aug 2010, 10:33 am
" Prior to discovery, Elrac moved to dismiss the complaint against it for failure to state a cause of action pursuant to CPLR Rule 3211(a)(7). [read post]
26 Mar 2017, 6:47 am
Although we have very liberal pleading rules in Vermont, and amendments are allowed, what the plaintiff did here was more than seek to amend. [read post]
18 Apr 2022, 4:30 am
The Seventh Amendment says the right to a civil jury trial "shall be preserved. [read post]
18 Oct 2015, 7:28 pm
Pat Quinn Signs Bill into Law Amending Code of Civil Procedure Regarding Settlements Illinois Appellate Court Rules in Forum Non Conveniens Case [read post]
23 May 2009, 4:05 am
However, the opinion has a much broader application, because the Supreme Court clarified the standards applicable for pleading a valid cause of action under Federal Rule of Civil Procedure 8 in all civil cases in federal court. [read post]
20 Feb 2019, 10:32 am
Thaddeus Stevens,18 wanted to grant freed slaves full civil rights, both out of moral sentiment and to create a Republican power base.19 The “black codes”20 and laws that denied freedmen entry into the states21 hampered the Radicals’ goals, as did Supreme Court precedent favoring states rights (often regarding slavery).22 After President Johnson vetoed23 a civil rights bill24 that would have eliminated the black codes, Stevens sought to usurp power from the… [read post]
24 Nov 2010, 3:04 pm
Although he had previously signed such warrants, his opinion in In re Application For Historical Cell Site Data (available here) reversed course because “important developments in both technology and caselaw rais[e] serious constitutional doubts about such rulings. [read post]
14 Jan 2011, 8:55 am
I am sending this letter to my many friends and acquaintances, whether you are primarily in civil practice, criminal practice, district attorneys, CPS counsel, or other. [read post]
6 Apr 2021, 2:34 pm
Under Federal Rule of Civil Procedure 56(c)(2), Wi-LAN was required to “explain the admissible form that is anticipated. [read post]
23 Jun 2010, 12:22 pm
The New York Times recently reported on a movement by the California State Legislature to amend California Code of Civil Procedure (“CCP”) §580b. [read post]
21 Apr 2011, 12:30 pm
Image via WikipediaIn In re Does, __S.W.3d __ , 2011 WL 1447544 (Texas 2011), the Lone Star State's High Court quashed subpoenas issued to Google to unmask two anonymous bloggers facing claims of defamation, invasion of privacy and copyright infringement.Pursuant to Rule 202.1 of the Texas Rules of Civil Procedure, an individual may petition the court for an order authorizing a deposition: "(a) to perpetuate or obtain the person's own… [read post]
5 Feb 2014, 4:30 am
An example of a troublesome local rule? [read post]
12 Jun 2011, 7:08 pm
In a published opinion, In re McQueen (2011) 193 Cal.App.4th 495, the Court of Appeal, First District, Division Four, held that the collateral source rule precluded the jury from deducting the trust beneficiary’s Social Security Supplemental Income (SSI) payments when awarding damages. [read post]
25 Nov 2018, 3:19 pm
Although control of the gavel and committee supermajorities initially may succeed in bottling up problematic legislation, Republicans amended House rules to facilitate petitions discharging committees from the further consideration of particular bills. [read post]
4 Jul 2011, 7:16 pm
Corresponding Amendments to Rules of Appellate, Civil Procedure, Criminal Procedure, Family Law Rules of Procedure, and Probate Rules: Rule 2.425 impacts just about every Florida litigator, and a large number of Rules in various practice areas are being amended to conform to it. [read post]
24 Jul 2020, 12:35 pm
In that decision the Sixth Circuit directed the district court to strike the plaintiff counties’ amendments to their complaints (which contravened Rule 16(b) of the Federal Rules of Civil Procedure). [read post]
25 Jul 2011, 4:23 am
P. 8 and the seventy-year history of a liberal notice pleading standard as envisioned by the Federal Rules of Civil Procedure. [read post]
14 Mar 2008, 3:52 am
The Brucellosis (England) (Amendment) Order 2008 The Accounting Standards (Prescribed Body) Regulations 2008 The National Assistance (Sums for Personal Requirements and Assessment of Resources) Amendment (England) Regulations 2008 The Civil Enforcement of Parking Contraventions (Penalty Charge Notices, Enforcement and Adjudication) (Wales) Regulations 2008 The Rice Products from the United States of America (Restriction on First Placing on the Market) (England) Regulations… [read post]
30 Sep 2010, 3:06 am
CCR Order 26 rule 17 is amended accordingly so that a mortgagee must now certify that they have given such a notice. [read post]
5 Jan 2024, 6:06 am
Far from this criminal context, Section 3 is now invoked by individual states and with far less civil protections. [read post]
