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Searching Content indexed under Court Procedure by Carlton Fields ordered by Published Date Descending.
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United States
22 Nov 2018
2
Supreme Court Of Florida Upholds The Frye Standard
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony.
United States
19 Nov 2018
3
Florida Appeals Court Decisions: Week Of October 22 - 26, 2018
Florida Appeals Court Decisions: Week Of October 22 - 26, 2018
United States
31 Oct 2018
4
Timely And Specific: Making Objections To Federal Magistrate Reports
Although it might be obvious to attorneys who routinely practice in the federal courts, for those who do not, it is important that specific and timely objections to a federal magistrate's report...
United States
7 Oct 2018
5
Taking A Toll: The Effect Of Post-Judgment Motions On Appeal Deadlines
Counsel contemplating an appeal often depend on the "tolling" effect of authorized post-judgment motions, which can extend an otherwise-applicable appeal deadline.
United States
15 Nov 2017
6
The Ins And Outs Of Appellate Statements Of Jurisdiction: How To Avoid Common Mistakes
Though Statements of Jurisdiction may seem like a simple part of an appellate brief, parties often make mistakes in drafting jurisdictional statements.
United States
1 Aug 2017
7
Unanimous California Supreme Court Gives Green Light To Plaintiffs To Discover Employee Contact Information
In a big blow to employers, the California Supreme Court unanimously held today that plaintiffs and their lawyers must be given access to companywide employee contact information...
United States
24 Jul 2017
8
Next Stop The Supreme Court?: Circuit Court Extends American Pipe Tolling To Preserve Class Claims
The Ninth Circuit recently held that plaintiffs whose claims were tolled during the pendency of two class actions were not time-barred from bringing a third related putative class action when the first two classes were not certified.
United States
29 Jun 2017
9
Honeycutt V. United States: Mandated Criminal Asset Forfeiture Receives Clear Limitation — Joint And Several Forfeiture Liability Rejected
On June 5, the United States Supreme Court issued a unanimous opinion in Honeycutt v. United States, narrowing the scope of federal criminal asset forfeiture for drug offenses.
United States
21 Jun 2017
10
Right For The Wrong Reason - Reversal Requires More Than Just An Error
Challenging an adverse judgment on appeal is an uphill battle from the start. A major part of winning an appeal requires demonstrating that an error occurred and confirming that the error...
United States
1 Jun 2017
11
Saved By The Bellwether Trial In The Ninth Circuit
Under the specific facts of plaintiffs' request, the Ninth Circuit held that CAFA removal jurisdiction did not exist.
United States
26 Apr 2017
12
Class Notice Online Works Just Fine
In a case involving alleged violations of ERISA and the Mental Health Parity and Addiction Equity Act, the District Court of the Western District of Kentucky certified a class of Anthem Health Plan...
United States
6 Apr 2017
13
No Pick-Off, No Problem: How A Pre-Certification Rule 68 Offer Survived (Twice)
A magistrate judge in the United States District Court for the Western District of Pennsylvania denied plaintiff's motion to strike a Rule 68 offer of judgment served prior to class certification.
United States
4 Apr 2017
14
A Winning Record At Trial Starts With Critical Thinking In Discovery
A best practice is to develop an early case outline that includes the anticipated paths and obstacles to and through trial.
United States
29 Mar 2017
15
Make Your Amicus Briefs Count
When considering whether an amicus brief may benefit your case, it pays to remember that the Latin term amicus curiae, after which amicus briefs are named...
United States
21 Mar 2017
16
Litigant Beware: Ignore The Duty To Reconstruct The Record Under Rule 10(C) At Your Peril
If the transcript of a hearing or trial is unavailable, the appellant may prepare a statement of the evidence or proceedings from the best available means, including the appellant's recollection.
United States
8 Mar 2017
17
Florida Supreme Court Rejects Daubert Statute To The Extent It Is "Procedural"
In a 4-2 decision, the Florida Supreme Court today declined to adopt an amendment to section 90.702 of the Florida Evidence Code to the extent that the amendment is procedural.
United States
1 Mar 2017
18
Off the Record Research - Do the Appellate Rules Need To Be Changed?
The matter of appellate judges doing their own factual research from sources such as the Internet is becoming an increasing issue for our appellate world.
United States
28 Feb 2017
19
Nothing Crafty About Michaels' Disclosure Under Spokeo
A New Jersey District Court followed Spokeo's Article III standing analysis and dismissed claims by three putative class representatives against Michaels Stores.
United States
27 Feb 2017
20
The Key To Jury Instruction Preservation: Objecting With Precision And Completeness
In Byrd v. Stubbs, 190 So. 3d 26 (Miss. Ct. App. 2016), the Mississippi Court of Appeals reminded us of the need to be diligent during a charge conference by raising specific objections to...
United States
27 Feb 2017
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