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28 Dec 2023, 8:39 am
Judgment as a Matter of Law in Car Accident Cases On review, the court applied the legal standard under Federal Rule of Civil Procedure 56 for summary judgment, emphasizing the need to determine whether there was a genuine dispute of material fact. [read post]
28 Dec 2023, 8:24 am
It was also cited in the United Nations Human Rights Special Procedures' "Global Study on the Impact of Counter-terrorism on Civil Society and Civil Space" and other reports. [read post]
20 Dec 2023, 12:13 pm
Some significant differences between state and federal courts are the judiciary, the jury pool, and the procedure. [read post]
18 Dec 2023, 10:00 pm
Federal: The U.S. [read post]
18 Dec 2023, 2:48 pm
This enforcement action comes just months after Kraken agreed to cease offering or selling securities through its staking service and pay a civil penalty of $30 million, as described further in Notable Regulatory & Other Items from 2023, below. [read post]
15 Dec 2023, 12:29 pm
Effective January 1, 2024, Section 1294 of the Code of Civil Procedure no longer contains an automatic stay of all trial court proceedings pending appeal of a denial of a motion to compel arbitration. [read post]
12 Dec 2023, 7:15 am
Ultimately, the Supreme Court overruled the jurisdictional immunity exception pled by the Republic of Austria and granted Altmann the authorization to bring a civil action against Austria in the US federal district court.[18] Confronted with the prospect of another long and expensive litigation, both parties agreed to arbitration. [read post]
7 Dec 2023, 1:30 am
Proceedings (ABA) (Lexis+ / Lexis) and in the LexisNexis Store Equal Employment Opportunity Commission (EEOC) Compliance Manual (Lexis+ / Lexis) FERC Practice and Procedure Manual (Thompson Energy) (Lexis+ / Lexis) FERC Practice and Procedure Manual Energy Series Newsletter (Thompson Energy) (Lexis+ / Lexis) Georgia Business & Commercial Law (Lexis+ / Lexis) Getting the Deal Through: Outsourcing (Lexis+ / Lexis) Idaho Practice: Pre-Trial Civil… [read post]
28 Nov 2023, 7:18 am
The SAD Scheme capitalizes on weak spots in the Federal Rules of Civil Procedure, judicial deference to IP rightsowners, and online marketplaces’ liability exposure. [read post]
19 Oct 2023, 5:19 am
This post is the concluding essay by the authors for a symposium published over at the Balkinization blog on the topic of “The Chevron Doctrine through the Lens of Comparative Law. [read post]
18 Oct 2023, 7:00 am
INFORM Consumers Act & States Illinois’s enacted its version of the INFORM Consumers Act (Illinois Act) in May 2022, effective in January 2023, about six months before its federal counterpart. [read post]
17 Oct 2023, 6:30 am
For the Balkinization Symposium on The Chevron Doctrine through the Lens of Comparative LawSusan Rose-Ackerman & Oren Tamir Over the past two weeks, the Balkinization blog hosted a wide-ranging symposium about judicial deference to the statutory interpretations of administrative agencies (or the executive more broadly) around the world. [read post]
11 Oct 2023, 3:30 pm
The Sixth Edition also includes a full discussion and analysis of all intervening Supreme Court and important lower court opinions, and changes in the Federal Rules of Civil Procedure, all up through May 20, 2023. [read post]
2 Oct 2023, 4:11 pm
Federal Rule of Civil Procedure 54(d)(1) gives courts the discretion to award costs to a prevailing defendant. [read post]
16 Sep 2023, 4:28 am
Discussions of recent case law and federal rules of civil procedure. [read post]
16 Sep 2023, 4:28 am
Discussions of recent case law and federal rules of civil procedure. [read post]
13 Sep 2023, 11:46 am
., law professor emerita “I’m very grateful to Cornell LII and its tireless staff for providing free and up-to-date access to the United States Code and the Federal Rules of Civil Procedure and the Federal Rules of Evidence, plus its US Supreme Court advance sheets provided under its Hermes Project. [read post]
5 Sep 2023, 9:05 pm
This blog explains who and why. [read post]
1 Sep 2023, 6:31 am
Law Webinars - September 2023 Join Us for Constitution Day 2023 - Actual Malice: Civil Rights and Freedom of the Press in New York Times v. [read post]
23 Aug 2023, 5:22 am
Federal Circuit Court Opinion of Related Interest Kuciemba v. [read post]