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27 Nov 2013, 7:52 am by Lebowitz & Mzhen
The Quaker Oats company filed a motion to have the case dismissed under the Federal Rule of Civil Procedure 12(b)(1), for lack of jurisdiction on the ground that plaintiff lacks standing, and under Rule 12(b)(6) for failure to state a claim upon which relief can be granted. [read post]
7 Jun 2010, 3:29 pm
As such, the named class claimants sought application of Bankruptcy Rule 7023, which provides for the application of Federal Rule of Civil Procedure 23 (which sets forth the requirements for filing a class action lawsuit in federal court), to the claims filing and objection process as it relates to their proofs of claim. [read post]
10 Oct 2012, 8:44 pm by Paul Karlsgodt
Merrill Lynch, Pierce, Fenner & Smith, Inc., 672 F.3d 482 (7th Cir. 2012). [read post]
7 Oct 2009, 5:12 am
In conclusion, the Court granted Defendants’ motion for summary judgment as to Plaintiffs’ motion for summary judgment as to Plaintiffs’ federal claims, declined to exercise supplemental jurisdiction over Plaintiffs’ state law claims, and because there are no claims remaining before the Court, denied Plaintiffs’ motion for class certification as moot. [read post]
27 Dec 2010, 8:32 am by Beth Graham
Disputing is anxiously awaiting a United States Supreme Court decision in another class-wide arbitration case against AT&T, AT&T Mobility LLC v. [read post]
11 Nov 2012, 11:18 pm by Kevin LaCroix
      Background of Amgen and Path to the Supreme Court   The issue in Amgen is the predominance requirement of Federal Rule of Civil Procedure (“Rule”) 23(b)(3), which states that a court may not certify a class for trial without determining that “questions of law or fact common to class members predominate over any questions affecting only individual members. [read post]
18 Nov 2016, 9:14 am by Lebowitz & Mzhen
Hopefully, the changes in the legal procedures for seeking damages from nursing homes will make it easier to hold the nursing home operators and providers accountable in a court of law for the actions of them and their companies. [read post]
3 Nov 2008, 11:07 am
  The court filing by Hagan illustrates an interesting quirk of North Carolina civil procedure. [read post]
12 Feb 2007, 9:49 pm
Texas Miscellany Judicial Conference Advisory Committee on the Federal Rules of Civil Procedure, Restyled Federal Rules of Civil Procedure Judith S. [read post]
14 Jan 2011, 12:08 pm by Sudeshna Dutta
Civil procedure – the rules courts follow when handling lawsuits – used to be regarded as boring and beside the point. [read post]
3 Sep 2024, 3:00 am by Sherica Celine
Explore the Chevron Reversal Impact Resource Kit for analysis related to the Supreme Court’s decision to overturn four decades of deference to federal agency interpretations of ambiguous statutes. [read post]
2 Apr 2008, 7:10 am by administrator
Findlaw has an ever-growing collection of articles about representing yourself in criminal court at http://criminal.findlaw.com/articles.html and in civil court at http://library.findlaw.com/civil-procedure/index.html. [read post]
13 Mar 2014, 4:23 am by Kevin LaCroix
  First, Federal Rule of Civil Procedure 56(d) allows a nonmoving party to seek denial or deferral of the motion for summary judgment “when facts are unavailable to” it. [read post]
16 Dec 2013, 10:05 am by Seyfarth Shaw LLP
Employers also can expect that class action and collective action lawsuits increasingly will combine claims under multiple statutes, thereby requiring the defense bar to have a cross-disciplinary understanding of substantive employment law as well as the procedural peculiarities of opt-out classes under Rule 23 of the Federal Rules of Civil Procedure and the opt-out procedures in FLSA and ADEA collective actions. [read post]
20 May 2016, 7:20 am by Amy Howe
Robins, in which the Court sent a Virginia man’s lawsuit against the search engine Spokeo back to the Ninth Circuit, comes from Daniel Solove for The George Washington Law Review’s On the Docket and Patricia Moore at Civil Procedure and Federal Courts Blog. [read post]
12 Apr 2010, 2:18 pm by Vanita Gupta, Center for Justice
In 2000, Congress passed the bi-partisan Civil Asset Forfeiture Reform Act (CAFRA), which created much-needed procedural protections for property owners facing federal civil forfeiture. [read post]