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28 Sep 2016, 5:24 am
As Choudhry’s complaint in federal court alleges, there is an egregious assault on procedural due process going on at U.C. [read post]
25 Oct 2011, 4:30 am
Lahav, Symposium: Civil Procedure and the Legal Profession: Two Views Of the Class Action, 79 Fordham L. [read post]
24 Oct 2011, 9:43 am
Lahav, Symposium: Civil Procedure and the Legal Profession: Two Views Of the Class Action, 79 Fordham L. [read post]
29 Jun 2011, 6:34 am
[Disclosure: Goldstein, Howe & Russell, the sponsor of this blog, served as counsel to the petitioner in Zuress.] [read post]
30 Jul 2010, 3:13 am
Likewise, anticipation of litigation is presumed unreasonable under [Federal Rule of Civil Procedure 26(b)(3)] before a final decision is reached on the claim. [read post]
16 Jan 2014, 7:21 am
(Goldstein & Russell, P.C., whose attorneys contribute to this blog in various capacities, serves as counsel to the petitioner in Lane.) [read post]
5 Dec 2019, 11:11 am
Ackies, currently the subject of a pending cert petition at the Supreme Court, the court found that the federal Tracking Device Statute does not apply to cell phones.[1] This series of posts will explain the strange path taken by the court to arrive at this wrong destination, and why the Supreme Court should take the case and correct the error. [read post]
28 May 2009, 11:26 am
The plaintiff files a sketchy complaint (the Rules of Civil Procedure discourage fulsome documents), and discovery is launched. [read post]
6 Oct 2015, 12:04 pm
Federal Rule of Civil Procedure 20 allows joinder of parties when their claims arise out of the same transaction or occurrence and when there are common questions of fact and law. [read post]
8 Apr 2015, 4:12 am
The federal False Claims Act imposes liability on those who defraud the government. [read post]
18 Dec 2023, 2:48 pm
This enforcement action comes just months after Kraken agreed to cease offering or selling securities through its staking service and pay a civil penalty of $30 million, as described further in Notable Regulatory & Other Items from 2023, below. [read post]
22 Jan 2025, 8:34 am
Morrison is an associate dean at The George Washington University Law School where he teaches constitutional law and civil procedure. [read post]
4 Dec 2009, 3:10 am
It has now been nearly five years since the Pennsylvania Supreme Court handed down its decision in the case of Insurance Federation of Pennsylvania v. [read post]
30 Dec 2013, 8:38 am
See, e.g., Matter of Douglas, 26 I&N Dec. 197 (BIA 2013)(child citizenship rights); Matter of E-S-I-, 26 I&N Dec. 136 (BIA 2013)(rights of incompetent respondents); and Matter of Lee (E-2 spouse's statutory right of employment authorization without need to apply for a work permit). [read post]
1 Feb 2007, 12:14 am
As expected, given the recent adoption of the amendments to the Federal Rules of Civil Procedure, e-discovery was the dominant topic. [read post]
19 Nov 2014, 12:58 pm
[Disclaimer: Tejinder Singh of Goldstein & Russell, P.C., whose attorneys work for or contribute to this blog in various capacities, filed an amicus brief in support of the petitioner in Christeson.] [read post]
13 Sep 2023, 11:46 am
., law professor emerita “I’m very grateful to Cornell LII and its tireless staff for providing free and up-to-date access to the United States Code and the Federal Rules of Civil Procedure and the Federal Rules of Evidence, plus its US Supreme Court advance sheets provided under its Hermes Project. [read post]
31 Aug 2021, 12:09 pm
As discussed below, a main reason to produce document families intact is because under rules of civil procedure, documents are to be produced as they are kept in the normal course of business. [read post]
2 Aug 2022, 6:30 am
Should our faith lay in constitutional structure or rights, in originalism or evolving societal understandings and commitments, in procedural or substantive norms? [read post]
22 Aug 2011, 4:30 am
The defendants removed the action to the federal court, inter alia, asserting jurisdiction under CAFA, 28 U.S.C. [read post]