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23 Aug 2012, 4:38 am
Rule 11 of the Federal Rules of Civil Procedure says, “By presenting to the court a written motion an attorney certifies that to the best of the person’s knowledge, information, and belief, formed after an inquiry reasonable under the circumstances, the legal contentions are warranted by existing law or by a nonfrivolous argument for extending, modifying, or reversing existing law or for establishing new law. [read post]
2 Apr 2007, 3:15 am
Categories Included: Corrctions Law, Criminal Procedure Law, Judiciary Law, Penal Law. [read post]
3 Nov 2017, 10:00 am
Power Ventures.Speaking of the CFAA, it continues to generate fewer cases of interest in light of the Defend Trade Secrets Act and the federal civil remedy now available for trade secret misappropriation. [read post]
20 Oct 2020, 8:17 am
The statement is procedurally troubling and substantively wrong. [read post]
19 Feb 2025, 7:12 am
Turning first to the issue of what standard the district court applies in reviewing a motion to dismiss filed under Federal Rule of Criminal Procedure 48(a), let's start with the rule's text: "The government may, with leave of court, dismiss an indictment, information, or complaint" (emphasis added). [read post]
29 Apr 2013, 7:16 am
I trust that the Civil Procedure & Federal Courts Blog and the Native American Law Blog, among other obvious sites, will take note of the story. [read post]
13 Jan 2014, 7:18 pm
Behrend the absence of a showing that injury can be proved on a classwide basis precludes class certification under Federal Rule of Civil Procedure 23(b)(3); and (2) whether at the class certification stage of litigation a district court must analyze the admissibility of expert testimony under the standards set forth in Daubert v. [read post]
21 Apr 2014, 9:22 am
The Fund sought to certify a class of plaintiffs under Federal Rule of Civil Procedure 23(b)(3), which requires that “the questions of law or fact common to class members predominate over any questions affecting only individual members. [read post]
31 Dec 2013, 7:44 pm
City of Philadelphia 13-324Issue: (1) Whether, in an ordinary civil case, Federal Rule of Civil Procedure 16 gives a District Court carte blanche to raise, sua sponte, the affirmative defense of statute of limitations, where the defense was apparent on the face of the plaintiff’s complaint but the defendants had failed to plead it in their Answer and admitted to the Court that they had “missed it”; and (2) whether… [read post]
11 Jul 2024, 3:20 pm
The firms agreed to civil penalties, censure, a cease and desist from [read post]
2 Dec 2016, 10:16 am
Since the plaintiff in Malta-Roman was a county employee, she had to use certain administrative procedures before going to court. [read post]
2 Dec 2016, 10:16 am
Since the plaintiff in Malta-Roman was a county employee, she had to use certain administrative procedures before going to court. [read post]
29 Dec 2022, 7:01 am
, its training procedures, and its off-boarding policies. [read post]
23 Apr 2012, 6:19 am
§ 145 proceeding beyond those already present in the Federal Rules of Evidence and the Federal Rules of Civil Procedure. [read post]
3 Dec 2007, 11:11 am
Press release: Download LN1201.doc • Survey Says: Osborn also reports that LN has surveyed corporate counsel about the new Federal Rules of Civil Procedure, and found that 44% say their companies were not prepared when the amendents went into effect but made progress during 2007: Download ACC-LNSurvey.doc. [read post]
20 Dec 2010, 6:57 am
Dukes, and AT&T Mobility v. [read post]
30 Dec 2021, 1:58 pm
Oklahoma announced a new rule of criminal procedure which [the court] decline[d] to apply retroactively in a state post-conviction proceeding to void a final conviction. [read post]
22 Dec 2011, 3:47 pm
Thomas Hill, associate general counsel at General Electric, testified that the current Federal Rules of Civil Procedure (FRCP) result in American companies waste billions of dollars on unnecessary document preservation and production. [read post]
31 Oct 2015, 11:50 am
Unlike in civil court, which is a public procedure, open records laws don’t apply to arbitration. [read post]
20 Dec 2018, 7:35 am
And I have found both the Civil Procedure & Federal Courts Blog and EvidenceProf Blog to be great sources of information as well. [read post]
