Search for: "In Re Amendments to Rules of Civil Procedure" Results 1261 - 1280 of 2,353
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15 Jan 2015, 4:29 am by Mark S. Humphreys
In response, Essex filed a motion to dismiss Zuniga's claims under Texas Rule of Civil Procedure 91a, arguing that the "no direct action" rule, Zuniga's lack of standing, and a lack of ripeness bar Zuniga from suing Essex until SDT's liability to Zuniga is determined. [read post]
6 Jan 2015, 4:14 am by Kevin LaCroix
However, an interesting new initiative has recently emerged – the attempt to achieve litigation reform through amendments to corporate bylaws. [read post]
2 Jan 2015, 10:47 am by Barry Sookman
Denturist Association of Canada, 2014 FC 989, the Federal Court ruled that copyright does not subsist in the five-digit numerical codes and corresponding description of denturist services contained within the DAC Procedures Codes and DAC Fee Guides. [read post]
17 Dec 2014, 3:40 am by Amy Howe
  Ronald Mann covered the decision for this blog; commentary comes from Scott Dodson in posts at the Civil Procedure & Federal Courts Blog and PrawfsBlawg; he ties Dart to the Court’s 2007 decision in Bell Atlantic Corp. v. [read post]
16 Dec 2014, 6:00 am by Amy Howe
And at Re’s Judicata, Richard Re discusses the “‘you, too! [read post]
15 Dec 2014, 6:28 am
Target’s motion to dismiss, filed under Rule 12(b)(6) of the Federal Rules of Civil Procedure, argued that the financial institutions “have failed to plead sufficient facts to establish any of their claims. [read post]
12 Dec 2014, 7:43 am by Howard M. Wasserman
This led to an exchange with Chief Justice John Roberts about the fact that different procedural rules continue to apply if the action is brought against the United States in state court; Schnapper responded that the limitations period is a bar to liability, not a procedural rule like the number of depositions a party gets. [read post]
9 Dec 2014, 2:57 pm by Lucy Reed
Those amendments survive in r 12.73 and PD12G of the Family Procedure Rules 2010 (FPR 2010) (and there are mirror provisions in r 14.14/PD14E relating to adoption/placement proceedings), and it has been argued by at least one commentator in the criminal context (‘The Self-incrimination Privilege in Care Proceedings and the Criminal Trial and “shall not be admissible in evidence”? [read post]
7 Dec 2014, 2:21 pm by Jack Sharman
This process is called a “colloquy” under Rule 11 of the Federal Rules of Criminal Procedure. [read post]
3 Dec 2014, 7:23 am by Maureen Johnston
Circuits – that district courts can, consistent with Federal Rule of Civil Procedure 23 and Article III of the Constitution, certify classes that include numerous members who have not suffered any injury caused by the defendant. [read post]
24 Nov 2014, 3:03 pm by Law Lady
Labor relations -- Fair Labor Standards Act -- Overtime -- Former employees of Florida construction contractor brought suit claiming contractor failed to pay wages, including overtime, that they were entitled to receive under FLSA -- Jurisdiction -- District court had subject matter jurisdiction where face of complaint alleged federal claim for unpaid, overtime hours -- Statement of claim that plaintiffs filed under the local practices did not amend that jurisdictional basis out of the… [read post]
19 Nov 2014, 12:58 pm by John Elwood
Alabama, holding that life without parole for minors violates the Eighth Amendment. [read post]
14 Nov 2014, 5:42 am by John Elwood
Mayor and City Council of Baltimore, 13-10400, is the high-profile one, asking whether Federal Rule of Civil Procedure 4(m) gives a district court the discretion to extend the time for service of process absent a showing of good cause. [read post]