The Superior Court recently held that an attorney’s failure to make timely or effective objections to the composition of a jury prevented a trial court from vacating a judgment and granting a mistrial.
The work product doctrine only provides qualified protection to non-opinion work product.
A discussion on the recent introduction of class actions in Italy.
A party opposing enforcement of a non-compete agreement may argue that a provision contained in the agreement is ambiguous and subject to multiple interpretations.
Here’s a common scenario: After unsuccessfully moving for class certification and having a petition for review under Federal Rule of Civil Procedure 23(f) rebuffed, the plaintiff wants to take another shot at an appeal.
The Seventh Circuit Court of Appeals has held that removal to federal court of an asbestos suit for liabilities based on products delivered to an agency of the United States government is appropriate.
A discussion on the generally recognised principle that contracting parties owe each other a duty of good faith in the performance of their contractual obligations.
An intermediate appellate Court in Florida has ruled that the State’s current statute for premises liability in slip and falls applies to all active cases.
A discussion on a UK Supreme Court decision , which confirms traditional rules on enforcement of all US judgments in England and reverses a significant liberalisation of cross-border bankruptcy law.
It is not uncommon for the parties to play hardball litigation to exert pressure on the other side to settle a case.
In a recent decision characterizing precedent as a seven decade "aberration," the Supreme Court of California permitted plaintiff loan borrowers to introduce against a defendant banking institution parol evidence directly contradicting the very terms of the parties’ written loan agreement.
If you have ever received a complaint alleging minimum wage or overtime violations from one of your employees, the United States Department of Labor’s Wage and Hour Division, or a similar state agency (in Wisconsin, the Labor Standards Bureau of the Equal Rights Division), you have probably considered the possibility that other employees might raise similar claims.
A discussion on where does a state law claim alleging legal malpractice in the handling of a patent case belong.
The Interstate Commerce Act preempts state laws "related to a price, route, or service of any motor carrier … with respect to the transportation of property."
The United States is an attractive forum for plaintiffs to challenge the actions of foreign states, due to U.S. courts' liberal discovery rules, higher damage awards, availability of class actions, and the absence of "loser pay" rules, but foreign states are generally immune from civil suits.
Florida Statute § 542.335(1) provides that Florida courts will enforce non-compete agreements.
In a recent decision, a Florida appellate court discussed why we have rules allowing for corporate entities to designate corporate representatives to speak for them, and the implications of failing to utilize the designated procedures properly.
A discussion on the limitation of personal liability for professional negligence.
A discussion on some practical tools lawyers can use, or consider using, in order to decrease defense costs and to increase the chance of concluding a case sooner rather than later.
On April 16, 2013, the U.S. Supreme Court issued an important decision that should serve as a cautionary tale on the dangers of waiver, at all levels of the judicial system, including failing to file a cross-petition for a writ of certiorari.