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HTMLSeventh Circuit Reminds Attorneys to Conduct “Reasonable Amount of Legal Research” Before Filing Claims
Ryan N. Parsons; Foley & Lardner LLP;
Legal Alert/Article
October 30, 2014, previously published on October 20, 2014
Under the federal civil rights statutes, plaintiffs who prevail ordinarily receive an award of attorneys’ fees that must be paid by the defendant. But, in order not to deter plaintiffs from filing such claims, the reverse is not true. Indeed, only in rare cases do courts award prevailing...

 

HTMLViolation of OSHA Standards Now More Costly in Wisconsin
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 28, 2014, previously published on October 16, 2014
Last week, the Wisconsin Supreme Court resolved its first case of the year. It affirmed, by an equally divided court, the published opinion of the court of appeals in Sohn v. LIRC, 350 Wis. 2d 469. The Wisconsin Court of Appeals had earlier held that an employer was required to make the...

 

HTMLWhat’s “New” and What to Do About it? Supreme Court Sets High Bar to Appellate Courts Exercising Discretion to Raise New Issues
Lisa Jorgensen; McCarthy Tétrault LLP;
Legal Alert/Article
October 28, 2014, previously published on October 22, 2014
In R. v. Mian, the Supreme Court provided extensive comment on when an “appellate court can disrupt the adversarial system and raise a ground of appeal on its own” initiative.

 

HTMLIs This Appealable?
Laurie Hepler; Carroll, Burdick & McDonough LLP;
Legal Alert/Article
October 28, 2014, previously published on October 2014
It's October, and that means Giants in the playoffs (even-numbered years!) and time again for the semi-annual "Is This Appealable?" As longtime readers know, this is a rotating selection of the adverse orders that trial lawyers ask me about most often. These answers apply 95% of the time...

 

HTMLSeventh Circuit Warns Intervenors Not to Sleep on Their Rights
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 17, 2014, previously published on October 13, 2014
It’s an ancient principle of equity, drawn from Roman law: Equity relieves the vigilant, not those who sleep upon their rights. And it sums up quite well the Seventh Circuit’s recent decision in SEC v. First Choice Management Services, Nos. 14-1270 & 14-2284 (Sept. 11, 2014). First...

 

HTMLSeventh Circuit Uses Fed. R. Civ. P. 60(b)(5) to Reopen 23-Year Old Judgment
Eric G. Pearson; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 9, 2014
Federal Rule of Civil Procedure 60(b)(5) allows a party to move for relief from a final judgment on the ground that “it prospectively is no longer equitable.” Motions under Rule 60(b)(5) must be made “within a reasonable time” under Rule 60(c)(1), but subsection (c)(1)...

 

Adobe PDFSupreme Court Holds Health Care Professional Engaged to Provide an Independent Medical Records Review Owes No Duty of Care to Patient.
Nicole J. Benjamin; Adler Pollock & Sheehan P.C.;
Legal Alert/Article
October 15, 2014, previously published on September 24, 2014
In a case of first impression, the Rhode Island Supreme Court held that a doctor who was hired by a third party to provide an opinion about a patient based solely on his review of the patient’s records did not owe a duty of care to the patient. Consequently, the doctor cannot be held liable...

 

HTMLAfter the Bank Forecloses, Must It Actually Sell Your House?
Philip C. Babler; Foley & Lardner LLP;
Legal Alert/Article
October 15, 2014, previously published on October 1, 2014
The Wisconsin Supreme Court will answer this question in Bank of New York v. Carson, No. 2013AP544. It heard argument in this case last Tuesday.

 

HTMLEleventh Circuit Court of Appeals Says Beneficiary of Approved I-140 Has Standing to Challenge an I-140 Revocation
Catharine Yen; Greenberg Traurig, LLP;
Legal Alert/Article
October 15, 2014, previously published on September 30, 2014
On September 29, 2014, the United States Court of Appeals for the Eleventh Circuit ruled that a beneficiary of an approved I-140 visa petition has standing to challenge the revocation of a previously approved I-140 visa petition.

 

HTMLFourth Circuit Affirms Maryland District Court’s Ruling That Absence of Privilege Log Constitutes Waiver and Permits Chevron to View Documents from Ecuadorian Action
Jhanelle A. Graham; Semmes, Bowen & Semmes A Professional Corporation;
Legal Alert/Article
October 9, 2014, previously published on September 2014
In Chevron Corporation v. Aaron Page, the United States Court of Appeals for the Fourth Circuit was asked to decide on the consolidated appeals stemming from a multi-billion-dollar judgment rendered in Ecuador against the Chevron Corporation. Chevron sought discovery in several American courts to...

 


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