Civil Procedure

Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do

  • The Recorder

    Weatherford v. City of San Rafael

    By therecorder | The Recorder | June 5, 2017

    Cal.Sup.Ct.; S219567 The California Supreme Court reversed a court of appeal decision. The court held that a statutory requirement that a resident have…

    1 minute read

  • The Recorder

    D. L. v. Vassilev

    By therecorder | The Recorder | June 5, 2017

    9th Cir.; 15-15542 The court of appeals reversed a district court judgment. The court held that the prior dismissal of a federal case, due to the plaintiff’s…

    1 minute read

  • The Recorder

    Town of Chester v. Laroe Estates, Inc.

    By therecorder | The Recorder | June 5, 2017

    U.S. Sup. Ct.; 16–605 Land developer Steven Sherman paid $2.7 million to purchase land in the town of Chester (Town) for a housing subdivision.…

    1 minute read

  • New Jersey Law Journal

    Pre-Complaint Discovery: An Underutilized, Underrated and Unknown Tool

    By Ethan M. Simon | June 5, 2017

    New Jersey Rule 4:11-1 affords litigants a little-known, but extremely powerful tool by which to obtain information before filing a lawsuit.

    1 minute read

  • New Jersey Law Journal

    CAPITOL REPORT

    By njlawjournal | New Jersey Law Journal | June 5, 2017

    Status report provided by the New Jersey State Bar Association: A review of eCourts across the state system

    1 minute read

  • The Legal Intelligencer

    Huntington National Bank v. Turner, PICS Case No. 17-0631 (C.P. Lawrence April 11, 2017) Cox, J. (16 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 2, 2017

    The verification to the plaintiff bank's mortgage foreclosure complaint did not satisfy the requirements of Pa.R.Civ.Pl 1024 where the authorized signer did not provide defendant with information as to the source of her knowledge as an officer of the bank or through personal knowledge. The court sustained defendant's preliminary objection for failure to verify the complaint.

    1 minute read

  • The Legal Intelligencer

    Rubel v. Comm'r of Internal Revenue, PICS Case No. 17-0850 (3 Cir. May 9, 2017) Schwartz, J. (11 pages).

    By thelegalintelligencer | The Legal Intelligencer | June 2, 2017

    The tax court correctly concluded that it lacked jurisdiction to consider appellant's untimely petition, even though an IRS letter gave appellant an incorrect date, because the 90-day deadline in §6015 was jurisdictional and the tax court lacked the authority to consider untimely petitions. Affirmed.

    1 minute read

  • New York Law Journal

    Diaz v. Shanklin Corp.

    By newyorklawjournal | New York Law Journal | June 2, 2017

    Machine's Maker May Amend Answer to Raise Improper Service, Long-Arm Jurisdiction Defenses

    1 minute read

  • The Recorder

    Hart v. Darwish

    By therecorder | The Recorder | June 2, 2017

    C.A. 2nd; B270513 The Second Appellate District affirmed a trial court judgment and order. In the published portion of its opinion, the court held that…

    1 minute read

  • New York Law Journal

    Madoff Investor Loses Affirmative Defense to Trustee's Clawback Bid

    By B. Colby Hamilton | June 2, 2017

    A investor with the convicted fraudster Bernard L. Madoff was turned back in his argument that the withdrawal and re-investment of $7 million shouldn't be subject to the clawback action being pursued by the Securities Investor Protection Act-appointed trustee Irving Picard in a partial summary judgment order handed down by Southern District Bankruptcy Judge Stuart M. Bernstein on Thursday.

    1 minute read

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