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16 May 2017, 1:23 pm by Christopher Simon
The defendant sought to prevent the doctor from offering opinion testimony, based on the plaintiff’s failure to properly disclose him as a retained expert and based on the failure to provide the written report as required by the Federal Rules of Civil Procedure. [read post]
13 Nov 2012, 9:21 am by K&L Gates
 The court further indicated that although it had considered requiring Defendant to bear the cost, it believed that such an order would not be “consistent with the Federal Rules of Civil Procedure” and thus ordered the parties to split the costs. [read post]
12 Apr 2010, 4:30 am by Mary Giorgi
Since Judge Norton's ruling on February 17, 2010, two individual non-Fusarium Plaintiffs have filed motions to alter or amend the judgment pursuant to Rule 59(e) of the Federal Rules of Civil Procedure, Baush & Lomb has filed a response to one Plaintiff's motion, and Baush & Lomb has filed a motion for summary judgement as to all other non-Fusarium Plaintiffs that were inadvertently not included in the February 2010 order. [read post]
7 Jul 2011, 2:51 pm by Brad Pauley
United Food & Commercial Workers Union, S185544:  The question presented in this fully briefed case is whether two statutes designed to protect labor picketing activity, Code of Civil Procedure section 527.3 and Labor Code section 1138.1, violate constitutional free speech protections. [read post]
19 May 2014, 7:45 pm by Maureen Johnston
  Our policy is to include and disclose all cases in which Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, represents either a party or an amicus in the case, with the exception of the rare cases in which Goldstein & Russell represents the respondent(s) but does not appear on the briefs in the case. [read post]
28 May 2008, 6:00 am
In February, in Farm Raised Salmon Cases, 42 Cal.4th 1077 (2008), the Supreme Court held that the Federal Food, Drug, and Cosmetic Act (21 U.S.C. [read post]
3 Jun 2019, 1:30 pm
Lawyers from Barr’s Justice Department are trying to block a federal court from holding the government accountable for its surveillance of Americans. [read post]
4 Nov 2021, 12:51 pm by Christopher G. Hill
The Court of Federal Claims The contractor may forgo appealing to a BCA in favor of having its day in court. [read post]
8 Nov 2021, 6:52 am by Eric Goldman
The post Talk Notes on the Constitutionality of Transparency Requirements for Internet Services appeared first on Technology & Marketing Law Blog. [read post]
24 Sep 2024, 1:15 am by John Jenkins
The blog says that while these changes will improve the fairness of outcomes to defendants by subjecting the SEC to the more demanding procedural and evidentiary standards required by federal courts, they will also reduce the SEC’s ability to bring these cases and potentially embolden bad actors. [read post]
25 Mar 2024, 10:00 pm by Sherica Celine
Hybrid Wage and Hour Section 216(b) FLSA Collective and Rule 23 Class Actions Identify key considerations when litigating a hybrid Fair Labor Standards Act (FLSA) and Federal Rule of Civil Procedure 23 (Rule 23) wage and hour class action. [read post]
19 Apr 2018, 4:26 am by Edith Roberts
 At the Civil Procedure and Federal Courts Blog, Adam Steinman observes that “[t]he big question going forward will be what is required to rebut the majority’s look-through presumption. [read post]
31 Aug 2009, 5:24 pm by Robin Mashal
His practice focuses on business law, real estate law and civil litigation. [read post]
1 Sep 2009, 8:12 am
But if the question is one of procedural arbitrability or contract interpretation, the standard is the deferential one provided by Federal Arbitration Act Section 10, the one applied by both the District Court and the United States Court of Appeals for the Second Circuit. [read post]
13 Jul 2011, 7:29 am by Pam Brannon
Luckily for us, the Civil Procedure & Federal Courts Blog posted the original petition, all three answers, and the special appearance, which are a wonderful read for just about anyone, although only lawyers and law students may really appreciate the invocation of the doctrine of unclean hands. [read post]
9 Jul 2012, 2:24 pm by Michelle Yeary
P. 81(c)(1), “The[] [federal] rules apply to a civil action after it has been removed from a state court. [read post]
13 Mar 2012, 3:00 am by Ted Folkman
If the case is filed in a state court, then the law of the forum is that state’s rules of civil procedure rather than the Federal Rules of Civil Procedure. [read post]
13 Jan 2012, 8:54 am by William McGrath
Today, the Federal Securities Law Blog takes a look back at the last 30 days in the world of securities-related litigation in a regular feature which appears on approximately the 15th of each month. [read post]