Search Results (4445)
Documents on Appellate Practice
Show: results per page
|Extension of Time to Appeal May Not Be Available When a Party Has Failed Adequately to Monitor Events in a Case|
Monica C. Platt, Carl A. Solano; Schnader Harrison Segal & Lewis LLP;
March 11, 2014, previously published on March 6, 2014Failure to monitor the docket and read all orders entered can cause parties to lose the right to appeal and have costly ramifications for a client, as the recent Two-Way Media v. AT&T case in the Western District of Texas demonstrates. This Alert provides guidance on when a litigant may have a duty...
|California Court of Appeals Allows for “Delayed Discovery” of Fraud Claims Against Law Firms for Improper Handling of Settlement Funds 17 Years After the Settlement Occurred; Decision Could Trigger Additional Suits Against Law Firms|
Daniel A. Berman; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on March 5, 2014On February 11, 2014, the California Court of Appeal issued its decision in Prakashpalan v. Engstrom, Lipscomb and Lack, holding that two homeowners could sue their former attorneys for alleged mishandling of funds received from settlement of claims involving the 1994 earthquake. Significantly, the...
|New York Court of Appeals Sustains Delay in Disclaimer Based on Insured’s Lack of Cooperation|
Wendy J. Keenan, Carl J. Pernicone; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 10, 2014, previously published on March 6, 2014Will a New York court excuse an insurer’s delay in disclaiming coverage based on an insured’s failure to cooperate, when the facts confirm that it did so as soon as reasonably possible after it determined that the insured would not cooperate in the defense, investigation or settlement...
|Los Angeles County Court of Appeal Issues a Pair of Important Decisions on the Right to Repair Act|
Keith Smith; Wood, Smith, Henning & Berman LLP;
March 10, 2014, previously published on February 26, 2014On February 19, 2014, the California Court of Appeal, Second Appellate District, Division Three issued its opinion in Burch v. Superior Court, supporting the much criticized decision of the Fourth Appellate District, Division Three (Orange County) in the case of Liberty Mutual Insurance Co. v....
|Game Over? Court of Appeal has a Kick-about with Game Administration|
Dentons Canada LLP;
March 7, 2014, previously published on February 26, 2014The case concerning the Game group of companies' administration has now been played out in the Court of Appeal and the eagerly anticipated judgment has been handed down.
|The Federal Circuit Upholds Cybor’s Rule that Claim Construction Is Subject to De Novo Appellate Review|
R. Gregory Israelsen; Banner & Witcoff, Ltd.;
March 7, 2014, previously published on February 24, 2014On Friday, the Federal Circuit reaffirmed 6-4 in Lighting Ballast Control LLC v. Philips Electronics North America Corp., that its holding in Cybor Corp v. FAS Technologies is still good law. In short, patent claim construction is a purely legal issue that is subject to de novo review on appeal....
|Proceed with Caution When Foreclosing in Washington State: Split Decisions Regarding Deficiency Claims|
Duane Morris LLP;
March 6, 2014, previously published on February 27, 2014Last week, the Washington Court of Appeals, Division One, ruled that, notwithstanding the anti-deficiency provision in the state's Deeds of Trust Act, a lender can pursue a deficiency judgment against a guarantor following a non-judicial foreclosure of the property securing the underlying...
|Shaking Down the Thunder from the Sky: Notre Dame’s Challenge to the Contraception Mandate|
Ryan N. Parsons; Foley & Lardner LLP;
March 6, 2014, previously published on February 28, 2014The Supreme Court will inevitably decide to what extent the Religious Freedom Restoration Act protects religiously affiliated employers from providing insurance coverage for contraceptive services, as is generally required under the Affordable Care Act. But in the meantime, the Seventh Circuit has...
|Recent Case Advances Ninth Circuit Law on Pleading Diversity of Citizenship on Information and Belief|
Melissa A. Murphy-Petros, James K. Thurston; Wilson Elser Moskowitz Edelman & Dicker LLP;
March 6, 2014, previously published on February 26, 2014Insurers frequently file coverage actions in federal court, and when they do, jurisdiction is often predicated on diversity. Pursuant to 28 U.S.C. § 1332(a), a federal district court has original jurisdiction of a civil action between citizens of different states in which the amount in...
|Relief From Pre-Judgment Losses?|
Laurie Hepler; Carroll, Burdick & McDonough LLP;
March 6, 2014, previously published on February 2014Some pre-judgment orders are reviewable in different ways: (1) by emergency writ petition, or (2) by appeal -- either immediate (such as for an order disqualifying counsel) or from the final judgment (e.g. orders denying a party's demand for jury trial).