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Rules of Court

Blake, Cassels & Graydon LLP

Alberta Court Confirms Security for Costs Test for Corporations

In a recent decision, Embedia Technologies v. Blumell, the Alberta Court of King’s Bench clarified the test for security for costs against a corporation, concluding that the test under s. 254 of the Alberta Business...more

Epstein Becker & Green

The Sleeping Giant: New York’s Commercial Division Expert Disclosure Rules

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The New York County Commercial Division rules differ materially from rules in New York County generally and, over time, have come to mirror the more stringent federal demands....more

Epstein Becker & Green

Key Takeaways From Recent Amendments to the New Jersey Court Rules

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The Rules Governing the Courts of the State of New Jersey were amended effective September 1, 2024, after being approved by the Supreme Court of New Jersey earlier this year....more

Vinson & Elkins LLP

Everything You Need to Know About Texas’s Business Courts

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The newly-adopted Texas Business Courts open in September 2024. These courts will bolster the Texas judicial system by adding an efficient court that specializes in large commercial business disputes. ...more

Farrell Fritz, P.C.

Recent Reminders from the Commercial Division That Experts Must Timely Show Themselves and Their Work to Avoid Preclusion

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It’s been a minute since our last installment of our “Check the Rules” series here on New York Commercial Division Practice, in which we occasionally highlight decisions from Commercial Division judges holding litigants and...more

Farrell Fritz, P.C.

Proposed Trial Rules Reboot (Commercial Division Rules 25-33): Stay Tuned

Farrell Fritz, P.C. on

Since the inception of the New York State Supreme Court Commercial Division Rules in 1993, the rules have been consistently amended and refined by judges with practitioners’ input to “improve the efficiency with which such...more

Epstein Becker & Green

“Unsworn” Attorney Affirmations: Overlooked Side Effect of Changes to CPLR 2106

By now, most New York practitioners are aware (or at least have heard) of the recent changes to CPLR 2106, which was amended as of January 1, 2024 to allow “any person” to submit an affirmation “in lieu of and with the same...more

Furia Rubel Communications, Inc.

The Impact of Media and Technology on the Litigation Landscape with Sabrina Mizrachi, Deputy General Counsel at Estée Lauder

In this episode, Gina Rubel goes on record with Sabrina Mizrachi, who is the Vice President and Deputy General Counsel of Litigation and Global Product Regulatory at Estée Lauder. Sabrina provides regulatory guidance, manages...more

Goldberg Segalla

Avoid Sanctions by Reading the Rules and Admitting a Mistake

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Read the rules. Let’s say it again: Read. The. Rules. On February 16, the U.S. Court of Appeals for the Federal Circuit issued a strong reminder to attorneys about the importance of reading the applicable rules of court and...more

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

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I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Proskauer - Minding Your Business

New California Evidentiary Standard Makes Admitting Defense Expert Testimony More Challenging

California’s evidentiary rules have changed. As of January 1, 2024, defense expert testimony in medical causation cases is subject to a higher threshold....more

McManis Faulkner

60 Days Before Trial: Ready, Set, Go!

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After months of hard work, countless hours poring over exhibits and documents, and late nights at the office, your case is headed to court. You are confident that you will be ready when the time comes, but as the date of...more

Carlton Fields

Right for Any Reason? Well, Not for Any Reason

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Many jurisdictions have rules that allow an appellate court to affirm a judgment for any reason supported by the record, regardless of the actual basis articulated by the trial court. This general rule, however, is not...more

Fox Rothschild LLP

New Court Rule for Parent Coordinators Coming September 1st

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From the earliest days of this blog in 2008, one of my frequent topics has been the use of parent coordinators. Originally, there was a Pilot Program instituted by the Supreme Court for use of parent coordinators. At the...more

Epstein Becker & Green

Comparing New York State’s Court Rule Governing Entity Depositions to Federal Rule of Civil Procedure 30(b)(6)

The New York State Court Rule (the “Rule”), 22 NYCRR 202.20-d, that governs entity depositions is intended to streamline the method for examining entities. Although it is similar to FRCP 30(b)(6), it is not entirely the same....more

Stikeman Elliott LLP

Obtaining a Court Order to Question a Corporation’s Third-Party Service Providers is a High Bar to Meet under the Alberta Rules of...

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Alberta’s Rules of Court (the “Rules”) ensure that only parties to a litigation are allowed to be subjected to pre-trial questioning. A narrow exception for this general principle lies in Rule 5.18, which allows parties to...more

Esquire Deposition Solutions, LLC

How New Rules for Virtual Hearings Affect Remote Depositions as Well

The rapid transition to technology-enabled remote court hearings shows no signs of abating, with several state supreme courts proposing in recent weeks amendments to civil procedure rules that would standardize virtual...more

Farrell Fritz, P.C.

Rule Change Redux, 2022 Edition

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Did you know that the New York State United Court System publishes an annual report covering the advances, challenges, and achievements in and by our New York State courts over the past year? If you did not, now is the time...more

Farrell Fritz, P.C.

Navigating Appearances Before Commercial Division Justice Timothy S. Driscoll: Tips for Young Lawyers and A Refresher for Seasoned...

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As any practitioner litigating a case before the Commercial Division knows, and as we have mentioned time and again on this blog, it is critical to know the Part Rules of the particular judge assigned to your case.  But...more

Ervin Cohen & Jessup LLP

Must A Receiver File An Inventory?

Q: A few months ago I was appointed receiver over an operating business. A party is complaining that I have not filed an inventory of the assets of the business. My order of appointment says nothing about my having to file an...more

Ervin Cohen & Jessup LLP

What To Do If A Receiver Fails To File Monthly Reports?

Q: I represent a party in a receivership case. While the receiver has been in place for over 3 months, she has not served the parties or creditors with any reports. I have written the receiver requesting reports, but she has...more

Farrell Fritz, P.C.

Proposed Commercial Division Rule Change Gives Remote Proceedings Even More Staying Power

Farrell Fritz, P.C. on

It is no secret by now that remote proceedings are here to stay. Driven at first by the safety protocols related to the COVID-19 pandemic, remote proceedings have outlived those protocols, and they remain the preferred forum...more

Farrell Fritz, P.C.

Note to ComDiv Practitioners: “Learn Your Rules, You Better Learn Your Rules!”

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For commercial practitioners who happen to be fans of the TV series “The Office,” Dwight Schrute’s “Learn Your Rules, You Better Learn Your Rules” jingle perfectly describes the constant theme of practicing before the New...more

Farrell Fritz, P.C.

Commercial Litigation in New York State Courts, 5th Edition Chapter 39, “Practice Before the Commercial Division”: A Review

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As frequent readers of this blog are no doubt aware, the ten-volume practice treatise entitled Commercial Litigation in New York State Courts and edited by distinguished commercial practitioner Robert L. Haig (the “Haig...more

Dorsey & Whitney LLP

The California Supreme Court (and Court of Appeals) - September 6 - 9, 2022

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The California Court of Appeal, Fourth District, Division 3, issued the following decision on September 7: Garg v. Garg, Case No. G061500:  This decision serves, perhaps, as both a warning and a consolation to attorneys...more

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