Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Trial Advocacy in the Modern World
This Extraordinary Process Called "Trials"
eDiscovery Needs Digital Forensics for a Mobile World
Storytelling in Closing Arguments
Podcast - The Basic Rules for Closing Argument
Closing Arguments: Focus and Organization
Closing Argument: Opportunity and Challenge
Podcast - Refresh vs. Impeach: Know the Difference
The AI Trust Test in eDiscovery
eDiscovery Tips: Helpful Questions to Ask Your Clients
Cross-Examination: The Three C’s of Impeachment
To Unlock AI’s Power, Think Predictive to Generative
Podcast - Cross-Examination: The Importance of Organization
Podcast - DEA Plants the Seed for Rescheduling Marijuana: What's Next?
Work This Way: A Labor & Employment Law Podcast - Episode 20: Tips for Court Cases with Judge Dennis and Judge Wilkins of Maynard Nexsen
The "Why" of Cross-Examination
Bar Exam Toolbox Podcast Episode 262: Listen and Learn -- Motions for Judgment as a Matter of Law and Motions for New Trial (Civ Pro)
Navigating Federal Tort Claims on a National Scale | Tom Jacob | Texas Appellate Law Podcast
Why Judges Should Take the Legal Accountability Project Pledge | Judge Doug Nazarian & Aliza Shatzman | Texas Appellate Law Podcast
Last week’s blog touched briefly on the need to provide appellate courts with an adequate record of trial court proceedings that are the subject of an appeal. Without an adequate record – in almost all cases, a verbatim...more
In New York civil actions, where a defendant fails to answer the complaint, the next step is usually a motion for a default judgment pursuant to CPLR 3215. However, in residential mortgage foreclosure actions, the plaintiff...more
Brearey v. Ramsahai, 2024 WL 2848297, No. 24-cv-01693 (E.D. Pa. June 5, 2024) - Often in matters involving simple motor vehicle accidents, plaintiffs attempt to throw in claims relative to negligent hiring, training,...more
Maryland AG Anthony Brown announced the creation of the Office of the Solicitor General (OSG) to oversee the state’s appellate litigation in state and federal court. Julia Doyle, the current Chief of Litigation in the Civil...more
Wiggins v. Hackensack Meridian Health, 478 N.J. Super. 355 (App. Div. 2024) - The plaintiffs alleged that the defendant, Dr. Goyal, prescribed tramadol to the decedent for pain associated with a medical condition. One month...more
Early v. Patient First Medical Group, et al., 311 A.3d 608 (Pa. Super. Dec. 26, 2023) - The plaintiff was bitten by a dog and treated by the defendants. She later filed a medical malpractice action against the providers who...more
O’Dell v. Berkshire Bank, 5:24-cv-00652 (N.D.N.Y.) - On October 31, 2024, the Northern District of New York dismissed a putative class action against Berkshire Bank (“Berkshire”) with prejudice....more
LAS VEGAS (Nov. 7) - Holland & Hart and ACLU of Nevada have partnered on an amicus brief to the Nevada Supreme Court in a case critical to protect Nevadans’ right of access to their courts....more
On August 23, 2024, a divided panel of the U.S. Court of Appeals for the Ninth Circuit affirmed a jury’s verdict for a Chapter 7 trustee in an actual fraudulent transfer claim, which was based on the determination that...more
Last week, the Ontario Court of Appeal released its decision Lochan v Binance Holdings Limited, 2024 ONCA 784 [Binance], in which it refused to stay a class action proceeding in favour of arbitration. In doing so, the Court...more
Unless Congress moves quickly, several amendments to the Federal Rules of Civil Procedure and Evidence will take effect December 1, 2024. Below is a brief description of the amendments...more
The Sixth Circuit Court of Appeals recently reversed a Michigan District Court’s grant of a motion to compel arbitration and dismissal in an unpublished decision Fleming v. Kellogg Company et al., No. 23-1966....more
The Arkansas and 24 other State Attorney Generals (collectively, “Amici Curiae”) filed on October 28th an Amicus Brief supporting a Petition for a Writ of Certiorari to the United States Supreme Court to address a Clean Water...more
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 period of October 28-November 3. Here’s...more
Having recently set our clocks back at the end of this year’s Daylight Saving Time, we here at New York Commercial Division Practice wanted to alert our readers to an upcoming, decidedly forward-looking NY bar event....more
Failing to file a notice of claim pursuant to Civil Practice Law and Rules (“CPLR”) Section 9802 can become a trap for the unwary litigator who commences a hybrid proceeding-action (Article 78 claim(s) combined with plenary...more
In private securities class actions, the motion to dismiss is critical. A victory can mean a quick and relatively inexpensive conclusion to litigation. A loss can mean many months of expensive and intrusive discovery. This...more
In the first opinion to address the issue, the Texas Business Court determined that it lacks jurisdiction over cases pending before September 1, 2024, even if the cases otherwise meet the jurisdictional requirements of the...more
The Federal Circuit vacated a district court’s fee award because the district court considered certain information that was not relevant to the question of whether plaintiff’s case was exceptional. Specifically, the Federal...more
Some years ago, the question whether New York courts have subject matter jurisdiction over petitions to dissolve foreign business entities garnered much interest amongst business divorce lawyers and on this blog. The debate...more
Courts have been scrambling to catch up with the fast and sometimes unpredictable evolution of lawyers’ use of generative AI. Many if not most courts require lawyers to advise them if they relied on AI in preparing filings...more
Employees who work away from home overnight on assignments lasting several days or weeks are entitled to compensation under the Fair Labor Standards Act (FLSA) for time spent traveling to such assignments when the travel...more
Find this week’s updates on 340B litigation to help you stay in the know on how 340B cases are developing across the country. Each week we comb through the dockets of more than 50 340B cases to provide you with a quick...more
Medical record retrieval is critical to a wide variety of legal disputes. These include cases directly about healthcare-related concerns alongside others that could depend on facts proven through the types of medical records...more
The Environmental Integrity Project (“EIP”) has sent three separate Notices of Intent to Sue (“NOIs”) to three Louisiana Petcoke processing plants alleging violations of the Clean Water Act...more
