News & Analysis as of

Evidentiary Hearings

Rumberger | Kirk

The Virtual Shift: Navigating the New Online Construction Litigation Landscape

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The landscape of construction litigation has undergone a seismic shift in recent years. Gone are the days of crowded hotel conference rooms for mediations and face-to-face depositions. Today, construction litigators find...more

Marshall Dennehey

Appraisal Was Premature Because an Evidentiary Hearing Was First Required to Determine Whether the Policyholder Satisfied the...

Marshall Dennehey on

Heritage Property & Casualty Ins. Co., Appellant v. Sunset Villas Phase III Condominium Association, Inc., Appellee, Fla. 3rd DCA, 3D23-1672, May 15, 2024, Appeal from non-final order from Miami-Dade Co. Lower Tribunal No....more

Stoel Rives - Notice of Appeal

Idaho Supreme Court Update: The Court Clarifies How to Add a Request for Punitive Damages

In Davis v. Blast Properties, Inc., the Idaho Supreme Court clarified the standard trial courts should apply when deciding whether to grant a party leave to seek punitive damages. The Court held that trial courts are not...more

McDermott Will & Emery

Credibility at Issue? Court May Compel Party Representative to Appear In Person

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Addressing for the first time whether a district court can compel a witness to appear in person for testimony involving fraud on the court, the US Court of Appeals for the Federal Circuit affirmed the district court’s...more

Miles Mediation & Arbitration

[Event] 2024 Arbitration Training Institute - June 6th - 7th, Atlanta, GA

Presented by nationally recognized experts, the Institute features comprehensive sessions on every stage of the arbitral process examined from the vantage point of neutrals, advocates, and in-house counsel. Substantive...more

Wolf, Greenfield & Sacks, P.C.

Top Five Recent Developments in Section 337 Litigation

2023 was an exciting year for Section 337 litigation at the ITC and 2024 is off to an equally interesting start. In this article, Libbie DiMarco reviews five of the most interesting recent developments in Section 337...more

Shipkevich PLLC

Federal Court Clarifies Narrow Face-to-Face Exemption to TSR Advance Fee Prohibition, Immediately Bans Defendants from Charging or...

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On March 4, 2024, a federal trial court in New York immediately banned a slew of debt relief service providers from charging and/or collecting any advance fees for debt relief services, finding that the defendant’s initial...more

Array

This Week in eDiscovery: Judges Share Most Impactful Cases and eDiscovery Hiring Heats Up

Array on

Every week, the Array team reviews the latest news and analysis about the evolving field of eDiscovery to bring you the topics and trends you need to know. This week’s post covers the week of February 26 to March 3. Here’s...more

Marshall Dennehey

District Appeals Court Holds Amendment to Florida Chapter 766 Requires an Evidentiary Hearing When Service of Pre-suit Notice Is...

Marshall Dennehey on

Cleveland Clinic Fla. v. Daniels, No. 4D2023-1477, 2023 WL 6854553 (Fla. Dist. Ct. App. Oct. 18, 2023) - The plaintiffs alleged that Dr. E. Wasser failed to diagnose liver cancer, serving him a notice of intent to sue as...more

Wolf, Greenfield & Sacks, P.C.

The ITC in 2023: A Look at Five of the Most Surprising Section 337 Developments

2023 was an exciting year for Section 337 litigation at the ITC, particularly in the final quarter of the year. As we ring in the new year, Wolf Greenfield Shareholder Libbie DiMarco examines five of the most noteworthy ITC...more

McDermott Will & Emery

No Fifth Chances: Ignoring Court’s Warning Leads to Terminal Sanctions

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In an appeal from litigation-ending sanctions, the US Court of Appeals for the Fifth Circuit held that misconduct in the face of judicial warnings supports the use of litigation-ending sanctions and that evidence a party...more

King & Spalding

Recent Developments in Coburn: Walking the Tightrope of Cooperating with DOJ while Maintaining an Independent Investigation

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In February 2022, a District of New Jersey court in United States v. Coburn took the surprising step of compelling a private company to produce internal investigation materials to two of its former executives, who were...more

Seward & Kissel LLP

Put Serta to Bed? More Genesis Mediation, DOJ Conundrum, and Bye Bye Baby?

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US mattress maker Serta Simmons receives Chapter 11 plan approval | Reuters - Serta Simmons Bedding’s recent Chapter 11 reorganization plan was recently approved by a U.S. bankruptcy court, supporting the company’s goal of...more

Farrell Fritz, P.C.

The Worst of Both Worlds: Untimely Buyout Election Yields Full Merits Hearing and Huge Bond

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Nine months ago, we wrote about a 20% shareholder, Alvin Clayton Fernandes, whose bare bones petition Manhattan Supreme Court Justice Frank P. Nervo found stated sufficient grounds to judicially dissolve a seemingly...more

Littler

California Court Holds Defendants in Workplace Violence Restraining Order Petitions Have a Due Process Right to Cross-Examine...

Littler on

On October 17, 2022, in an issue of first impression at the appellate level, California’s Court of Appeals (First District) published an opinion clarifying that a defendant in a petition for restraining order under...more

DirectEmployers Association

DE Under 3: New Data Collection Burdens, NLRB’s Ruling Regarding Union Election Dismissals, and OMB’s Tech Modernization Fund

In this edition of DE Under 3, our experts cover new data collection and reporting burdens coming for federal contractors regarding sexual orientation, gender identity, race and ethnicity, NLRB’s new ruling allowing it’s...more

DirectEmployers Association

OFCCP Week In Review: June 2022 #3

The DE OFCCP Week in Review (WIR) is a simple, fast and direct summary of relevant happenings in the OFCCP regulatory environment, authored by experts John C. Fox, Candee J. Chambers and Cynthia L. Hackerott. In today’s...more

UB Greensfelder LLP

More Thoughts On The Age Of FINRA Arbitrators

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Not too long ago, I wrote a piece complaining about (among other things) the fact that the potential arbitrators that FINRA rolled out to the parties in a particular arbitration I was handling skewed juuuuuuust a bit towards...more

Womble Bond Dickinson

Be Prepared: Strategies to Help Institutions Prepare for the Next (or First) Title IX Hearing

Womble Bond Dickinson on

This is the second article in a series exploring what our Title IX team has learned in the year following the implementation of the 2020 Title IX regulations. Since the new Title IX regulations were released in May of...more

Stange Law Firm, PC

Procedural Versus Substantive Motions in Family Court

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In a divorce or family law matter, various kinds of motions are usually filed as part of a case. Those who are going through a divorce are often confused about the nature of these motions. Confusion can also take place as to...more

Farrell Fritz, P.C.

Necessity Is the Mother of Innovation: The Option of Virtual Evidentiary Hearings and Non-Jury Trials Goes from Provisional to...

Farrell Fritz, P.C. on

As we all are acutely aware, during the last 21+ months, the normally slow-to-change practice of law has been thrust into overdrive, forcing lawyers and courts to quickly pivot from a largely in-person practice to virtual....more

Locke Lord LLP

Colorable Entitlement: Third District of Florida Confirms That an Evidentiary Hearing Is Not Required to Deny a Motion to Vacate...

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On September 15, 2021, Locke Lord obtained an opinion in Florida’s Third District Court of Appeal ‎matter affirming the denial of a motion to vacate a final judgment of foreclosure. In affirming the ‎denial, the Third...more

Vinson & Elkins LLP

In-person and virtual evidentiary hearings: are hybrid hearings the way forward?

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As parties have adapted to the changes brought about by the pandemic, virtual evidentiary hearings have become more popular. We discuss what some say are disadvantages of virtual hearings and consider how these issues...more

Downey Brand LLP

Fog Warning – Has One Bad Actor Made It Harder to Get Evidentiary Hearings?

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There’s a saying amongst attorneys that “bad facts make bad law.” By extension, “really bad facts” can throw probate procedure into flux by making it harder to qualify for an evidentiary hearing. That’s arguably what happened...more

ArentFox Schiff

False Claims Amendments Act: Groundbreaking or Ineffectual?

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On July 26, 2021, a bipartisan group of senators, led by Sen. Charles E. Grassley (R-Iowa), introduced the False Claims Amendments Act of 2021, a bill that would amend the False Claims Act (FCA) in several ways. Four key...more

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