By Colleen Murphy | May 6, 2022
Siding with several other federal appeals courts around the country, the U.S. Court of Appeals for the Ninth Circuit has ruled that a Rule 68 settlement offer is not voided by the entry of a summary judgment order if the 14-day window is still open for a plaintiff to accept the offer.
By Jasmine Floyd | May 6, 2022
"The circuit court opinion reflected that the borrower prevailed in the prior foreclosure action based upon a statute of limitations theory," the opinion stated.
New Jersey Law Journal | Commentary
By Marie E. Lihotz and Marianne Espinosa | May 6, 2022
APPELLATE ANSWERS: Quite appropriately, the call made by the factfinders who actually saw and heard the evidence firsthand is accorded deference during appellate review.
By Colleen Murphy | May 5, 2022
Expanding the state's public-importance exception to standing, the Nevada Supreme Court has ruled that the Nevada Policy Research Institute can pursue a claim that members of the state Legislature who are also employed by state and local government are in violation of the Nevada Constitution's separation-of-powers clause.
The Legal Intelligencer | Commentary
By Christian Petrucci | May 4, 2022
Without question, the practice of workers' compensation has made it, intact, to the other end of the pandemic in one piece. Certainly, COVID-19 forced a significant paradigm shift in the way cases are handled. The question now becomes, what worked and what is worth preserving?
By Charles Toutant | May 3, 2022
Without a recording or third-party observer, it is often difficult at trial to effectively cross-examine the defense medical expert, said plaintiff's lawyer Christina Vassiliou Harvey.
By Colleen Murphy | April 29, 2022
An advisory committee for an asbestos trust is seeking an order to keep secret all "identifying information regarding law firms that represent individual claimants" in a federal trial set to begin Monday in Erie over alleged mismanagement of the claims process.
New York Law Journal | Analysis
By Jessica Copeland and Riane Lafferty | April 28, 2022
This article explores a case involving the WDNY's denial of an application for a temporary restraining order and preliminary injunction enjoining the enforcement of COVID-19 mask mandates and regulations distinguishing vaccinated and unvaccinated people. It also discusses a case involving the court's denial of a motion to amend a complaint where the plaintiff asserted a new theory of liability separate and distinct from the original complaint.
By Brad Kutner | April 27, 2022
Wednesday's confirmation hearing continued a pattern of criticism by Senate Republicans against the president's civil rights-oriented nominees.
By Allison Dunn | April 27, 2022
"The Court admits that it was so preoccupied with the parties' arguments on the duty to defend and applying the Eight Corners Doctrine that it overlooked an aspect of the law on the duty to indemnify," Senior U.S. District Judge Henry E. Hudson of the Eastern District of Virginia wrote.
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