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26 Mar 2020, 8:09 am
District and Circuit courts, each based on the relevant set of rules of court. [read post]
27 Jan 2015, 12:40 pm
P. 23 (Rule 23), presently under examination by the federal Advisory Committee on Civil Rules for possible amendment. [read post]
19 Nov 2019, 6:58 am
On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”), did not apply in federal court. [read post]
25 Jul 2009, 3:00 am
A three-day trial was conducted in federal court in Dayton with the eventual decision filed on April 30, 2008. [read post]
9 Jan 2013, 5:45 am
I’ve noticed that a fair number of academics—whether in scholarship, in casebooks, or in blog posts—have gravitated toward combining the case titles of the two significant Federal Rule of Civil Procedure 8(a)(2) & 12(b)(6) cases from the Supreme Court in the past decade, Bell Atlantic Corp. v. [read post]
19 Jan 2019, 4:04 pm
When Can a Court Use Its Discretion to Decline Foreclosure of Property Subject to an IRS Federal Tax Lien? [read post]
2 Feb 2009, 2:50 am
Sanchez moved to dismiss the action under Rule 12(b)(1) of the Federal Rules of Civil Procedure, arguing that the court lacked subject matter jurisdiction because the parties were not diverse, and that there was no other independent basis for federal jurisdiction.The court began its analysis by noting that although the FAA creates a body of federal substantive law regulating the enforcement of arbitration agreements… [read post]
24 Dec 2009, 8:04 am
(Cross-posted at Civil Procedure & Federal Courts Blog) PS: As in Shady Grove, the litigants in Erie were also not in their typical positions vis-a-vis the larger federalism question. [read post]
17 Dec 2022, 6:30 am
Pursuant to Federal Rule of Civil Procedure 56(a), summary judgment shall be granted when the record shows that there is no genuine dispute as to any material fact and that the moving party is entitled to judgment as a matter of law. [read post]
15 May 2008, 3:53 am
The Court held that the Federal Rules of Civil Procedure did not authorize search warrants. [read post]
12 Aug 2012, 1:36 pm
The amendments appear to be modeled on the e-discovery provisions in the Federal Rules of Civil Procedure. [read post]
12 Mar 2009, 4:50 am
Here's an example from the Federal Rule of Civil Procedures. [read post]
12 Apr 2017, 11:06 pm
The Patent Court of Korea bench marked the U.S Court of Appeals for the Federal Circuit in developing its pretrial procedures. [read post]
6 Sep 2015, 7:30 am
Discussions of recent case law and federal rules of civil procedure. [read post]
17 Jun 2008, 4:48 pm
Iqbal concerns&;nbsp;the resort by an individual plaintiff to federal court to seek civil damages against high-ranking federal officials. [read post]
17 Apr 2017, 4:39 am
In this patent infringement action, Plaintiff Wright’s Well Control Services, LLC (WWCS) filed a motion to voluntarily dismiss defendant Christopher Mancini pursuant to Federal Rule of Civil Procedure 41(a)(2) with prejudice, but with a “reservation of all rights and actions against co-defendant Oceaneering International, Inc., and any other parties and solidary obligors. [read post]
2 Jun 2009, 3:38 am
The defense-attorney-bloggers at Drug and Device Law have a detailed post in favor of the Court's new approach to pleading in Twombly and Iqbal (H/T: Civil Procedure Prof Blog) (see my discussion of Iqbal here, here, and here) (see other criticisms here and here). [read post]
24 Jan 2020, 10:45 am
The post Civil Society Groups File Lawsuit Challenging Trumps “Safe Third Country” Agreements appeared first on IELR Blog. [read post]
24 Jan 2020, 10:45 am
The post Civil Society Groups File Lawsuit Challenging Trumps “Safe Third Country” Agreements appeared first on IELR Blog. [read post]
10 Jun 2022, 2:53 am
Posted on Practice and Procedure Blog / Blog / Clerks – No Choice but Come Clean Over Supreme Court Leak Clerks – No Choice but Come Clean Over Supreme Court Leak For a long time, one of the major abortion cases was under review at the Supreme Court. [read post]
