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Appellate Courts › Federal Rules of Civil Procedure

Cozen O'Connor

Notice of Appeal - A quarterly newsletter reviewing Third Circuit opinions impacting white collar defense lawyers - March 2024

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Defendant and his co-conspirators firebombed an informant’s house and killed several individuals. Six weeks into their trial on related charges, the Government disclosed that one of the defense attorneys previously worked as...more

Fox Rothschild LLP

NC Expands Role of Amici in Appeals

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Amici will soon have more opportunities to share their views with our North Carolina appellate courts. Currently, our Appellate Rules expressly allow for amicus participation at the merits-briefing stage. N.C. R. App. P....more

Fox Rothschild LLP

Fourth Circuit Holds Actual Notice Required For FRAP 4(a)(6)

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Most practitioners are likely happy to have limited familiarity with Rule 4(a)(6) of the Federal Rules of Appellate Procedure. The Rule allows the district court, in its discretion, to reopen for 14 days a party’s time to...more

Rivkin Radler LLP

Federal Civil Law Remains Unclear Regarding Where an Action May Be Brought

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One would think that the current state of federal law would be clear as to where a plaintiff may commence, and thereafter maintain, his/her action. However, that is not the case; particularly within the Second Circuit, and...more

Jackson Lewis P.C.

Appeals Court Creates Circuit Split on Whether Bristol-Myers Applies to Collective Actions

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In its 2017 decision in Bristol-Myers Squibb Co. v. Superior Court of Cal., the U.S. Supreme Court held that a state court could not exercise specific personal jurisdiction over nonresident plaintiffs’ claims against a...more

Fox Rothschild LLP

Supreme Court Upholds Constitutionality Of Another Error Preservation Statute

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Under Appellate Rule 10, the general rule is that appellate courts only decide issues properly raised, argued, and decided in the trial tribunal. But exceptions to this general rule exist for issues considered so fundamental...more

Jackson Lewis P.C.

Ambiguous Offer Of Judgment Cannot Support Attorney’s Fees Award, Georgia Court Of Appeals Holds

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An unaccepted offer of judgment that contains internal inconsistencies and ambiguities as to its scope is neither enforceable nor supports an award of attorney’s fees under Georgia’s Rule 68. Reversing a trial court’s...more

Jackson Lewis P.C.

Trial Court Properly Applied Rule 68 Offer Of Judgment And Reduced Attorney’s Fee Demand In FLSA Case, Eleventh Circuit Concludes

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The plaintiff sought more than $12,000 in unpaid wages on his FLSA claims, rejected the defendant employer’s Rule 68 offer of judgment of $3,500 on those claims, and then was awarded only $97.20 plus an equal amount of...more

McGlinchey Stafford

The Bullet Point: Ohio Commercial Law Bulletin Do I have The Right Of Set-Off? - Volume 4, Issue 21

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Objections to Foreign Subpoena- Byrd v. Lindsay Corp., 7th Dist. Mahoning No. 19 MA 0116, 2020-Ohio-5461- In this appeal, the Seventh Appellate District affirmed the trial court’s decision and agreed that the documents...more

Jackson Lewis P.C.

Incentive Or Service Awards For Class Action Plaintiffs Unlawful, Eleventh Circuit Rules

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“Incentive” or “service” awards to lead plaintiffs in Federal Rule of Civil Procedure 23 (Rule 23) class actions are unlawful, the U.S. Court of Appeals for the Eleventh Circuit has ruled in a suit brought under the Telephone...more

McGlinchey Stafford

Getting (Or Opposing) An Increase In Jury-Awarded Damages On Appeal In Federal Court

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If you’re involved in a jury trial federal case where damages are being sought, what do you do if the jury has awarded damages and either (a) you want to increase damages on appeal, because you represent the winning party, or...more

White & Case LLP

Substantial changes in the Federal Judiciary - Proposal for legal reform

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On February 12, 2020, President Andrés Manuel López Obrador brought forward to the Senate of the Republic the package of reforms to the Federal Judiciary (the "PJF") prepared by the Supreme Court of Justice of the Nation (the...more

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