By Avalon Zoppo | May 6, 2024
It's a simple tool that can save time and energy for multitasking attorneys and help pro se litigants who might especially struggle with learning complex procedural rules, said Clerk of Court Chris Wolpert.
The Legal Intelligencer | Commentary
By Cliff Rieders | May 6, 2024
The relation back component of Federal Rule of Civil Procedure 15(c) is like a sword of Damocles. Whether a plaintiff in good faith can file an amended complaint pursuant to Rule 15(c), which relates back to the time before the statute of limitations expired, can be the difference between the "life and death" for an action of malpractice versus a good night's sleep and no worries for the filling attorney.
By Riley Brennan | May 2, 2024
"As written, the ADA is full of pitfalls and caveats that employers can use to avoid the ADA's mandate to ease the burden on disabled workers in staying gainfully employed. This decision is Exhibit A in employer manipulation of the law to avoid their corporate responsibility to assist the disabled in employment," the courthouse deputy's attorney, Cass T. Casper of Disparti Law Group in Chicago, told Law.com.
New Jersey Law Journal | Commentary
By Iram P. Valentin | May 2, 2024
"The entry of summary judgment in New Jersey civil cases is very rare. Should that be the case, though?" writes Iram P. Valentin of Kaufman Dolowich.
New York Law Journal | Analysis
By Elliott Scheinberg | May 1, 2024
The Third Department, in 'Fitzpatrick v. Tvetenstrand', has now adopted 'Evans' and 'Defisher'. It also logically reads the First Department's decision, 'Sims v. Comprehensive Community Development', abrogated by 'Ornstein v. New York City Health and Hospitals', as also so holding.
By Avalon Zoppo | April 30, 2024
"Hopefully, a future panel of this Court, or the Supreme Court, can clarify the law along the lines described here, so that the majority's untenable views are not sustained," Judge Eric Clay wrote.
New York Law Journal | Analysis
By Thomas R. Newman and Steven J. Ahmuty Jr. | April 30, 2024
We are encouraged by, and very grateful for, Chief Judge Wilson's expressed "hope that, in coming years, we will receive even more civil motions and criminal leave applications, and that we will have the opportunity to decide even more appeals."
By Cheryl Miller | April 29, 2024
A new bill would extend filing deadlines for summary judgment motions while limiting what evidence can be introduced in reply briefs.
By Jimmy Hoover | April 29, 2024
The issue before the justices is whether removing the federal question from a complaint requires that the litigation be remanded to state court.
Litigation Daily | Expert Opinion
By Robert E. Johnston and Gary Feldon | April 29, 2024
Hollingsworth's Robert E. Johnston and Gary Feldon write that MDL judges who decide merits questions should avoid direct involvement in settlement discussions and detailed reports on the negotiations.
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