The First Circuit Court of Appeals recently confronted the "frontiers of personal jurisdiction in the internet age" in Chen v. United States Sports Academy Inc. There, the court was faced with a dilemma: applying personal...more
The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more
7/3/2019
/ Affirmative Defenses ,
Appeals ,
Judicial Discretion ,
Judicial Estoppel ,
Judicial Review ,
Litigation Strategies ,
Permissive Exclusion Authority ,
Preservation of Rights ,
Subject Matter Jurisdiction ,
Trial Preparation ,
Waivers
Your client has brought you an appeal, and you quickly spot what looks like a winning argument. Unfortunately, it was never raised or argued below. Being a savvy appellate lawyer, you understand you cannot raise it for the...more
It’s a cardinal rule that to preserve an argument at trial, counsel must make a contemporaneous objection. Even cardinal rules, however, have their exceptions....more
On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys with the trial judge, there is a continuing obligation to object; the timing of...more