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29 Mar 2023, 2:15 pm
Furthermore, securities actions are governed by a highly complex body of case law from state and federal courts at all levels, including the Supreme Court, as well as pleading requirements, discovery stays, defenses and other special provisions and procedures that are unique to the Securities and Exchange Act of 1934, the Securities Act of 1933 and the Private Securities Litigation Reform Act. [read post]
27 Mar 2023, 8:45 am
"Reports & journal articles:25 Years of Immigration Court Decisions (TRAC, March 2023) [text]"Bringing 'Civil'ity into Immigration Law: Using the Federal Rules of Civil Procedure to Fix Immigration Adjudication," Vanderbilt Law Review (Forthcoming) [preprint]Comments of the United Nations High Commissioner for Refugees on the Proposed Rule from the U.S. [read post]
27 Mar 2023, 1:25 am
Mischon de Reya has a blog post analysing the implications of the first civil claim for sexual “image-based abuse” in the recently decided case of FGX v Stuart Gaunt [2023] EWHC 419 (KB). [read post]
23 Mar 2023, 3:46 am
Sickness & Accident Disability Benefit Plan, 111 F.3d 67, 69 (8th Cir. 1997). [read post]
16 Mar 2023, 2:26 pm
(For new entrants into that debate on the APA, see this piece by Jonathan Adler, arguing no at the Notice & Comment blog of the Yale Journal on Regulation; and this piece for a Notre Dame Law review symposium by Ronald Levin, which argues that the APA is a framework statute, and its evolution is supposed to be guided by the courts, and the post-APA development of universal vacatur is one such salutary evolution.) [read post]
9 Mar 2023, 6:58 am
The SAD Scheme capitalizes on weak spots in the Federal Rules of Civil Procedure, judicial deference to IP rightsowners, and online marketplaces’ desire to reduce their liability exposure. [read post]
9 Mar 2023, 4:32 am
ComplexDiscovery Backgrounder 100+ eDiscovery Resources: An Abridged Overview Resource Listing 10 Analyst, Research, and Review Firms Capterra Chambers and Partners IDC Forrester G2 Gartner Gartner Peer Insights Software Advice TrustRadius ComplexDiscovery 10 Associations, Consortiums, and Groups ACEDS (Association of Certified E-Discovery Specialists) ARMA International CLOC (Corporate Legal Operations Consortium) EDI (The Electronic Discovery Institute) EDRM (Electronic Discovery Reference Model)… [read post]
9 Mar 2023, 3:00 am
Finally, the appellate court affirmed the trial court’s decision to require that a bond be posted pursuant to Code of Civil Procedure section 529.2. [read post]
6 Mar 2023, 1:41 am
This case raises one important issue as to this court’s proper approach to defendants, who seek to use foreign court procedures to gather evidence to support their defence to litigation here. [read post]
13 Feb 2023, 3:10 pm
It can refer to a certificate action, civil penalty action, or informal procedures and settlements. [read post]
13 Feb 2023, 7:54 am
The bottom line: even if he gets past the implied license problem, Trump still has to survive several other substantive and procedural hurdles to recovery. [read post]
31 Jan 2023, 4:09 pm
Eventually, counsel discovered the letter and filed a discrimination complaint in the federal Eastern District of Pennsylvania court. [read post]
31 Jan 2023, 11:33 am
Rosenthal had cases both at the Texas Supreme Court and the Texas Court of Criminal Appeals. [read post]
27 Jan 2023, 5:00 am
While federal court judges addressing the validity of the household exclusion ever since Gallagher have largely followed the Pennsylvania Supreme Court’s mandate in favor of plaintiffs in this regard, some state court appellate and trial judges have limited the Gallagher v. [read post]
23 Jan 2023, 4:15 am
Federal courts issue hundreds of decisions in FOIA cases every year. [read post]
19 Jan 2023, 8:00 am
For the Balkinization 20th Anniversary SymposiumJoseph Fishkin & William E. [read post]
15 Jan 2023, 10:18 pm
Dr Michael Douglas is a Senior Lecturer at the University of Western Australia and a Consultant at Bennett, a litigation firm in Western Australia [1] Civil Procedure Rules 2006 (ACT) div 6.8.9; Supreme Court Rules 2000 (Tas) div 10; Supreme Court Civil Rules 2006 (SA) pt 4 div 2; Supreme Court (General Civil Proceedings [read post]
13 Jan 2023, 8:53 am
Under Rule 57 of the Rules of Civil Procedure, the court is given discretion to award costs of each step of litigation, including at the end of trial. [read post]
10 Jan 2023, 5:36 pm
These allegations were enough to state a viable claim, according to a federal district court in Manhattan. [read post]
5 Jan 2023, 2:22 pm
Nine of the top ten U.S. settlements occurred in a federal court, while only one of the ten was resolved in a state court. [read post]
