What is the range of a federal district court’s power to compel a nonparty’s attendance at a hearing? Every practicing litigator knows the answer—“within 100 miles of where the person resides, is employed, or regularly...more
8/19/2024
/ Class Action ,
Disclosure Requirements ,
Jurisdiction ,
Motion to Compel ,
Non-Parties ,
Patent Litigation ,
Patents ,
Real Party in Interest ,
Rule 45 ,
Sua Sponte ,
Subpoenas
The Fair Credit Reporting Act (“FCRA”) bars consumer reporting agencies from reporting civil suits, civil judgments, records of arrest, and other “adverse items” more than seven years after they occur. In a recent decision in...more
Seyfarth Synopsis: On May 30, 2019, the Fourth Circuit issued an opinion in Krakauer v. Dish Network, L.L.C., No. 18-1518 (4th Cir. May 30, 2019), that paved the way for TCPA plaintiffs to collect historic awards from...more
6/4/2019
/ Article III ,
Class Action ,
Class Certification ,
Class Members ,
Dish Network ,
Do Not Call List ,
Invasion of Privacy ,
Settlement ,
Standing ,
TCPA ,
Telemarketing
It has long been established that a state-court plaintiff who is the subject of a counterclaim cannot remove the case to federal court. ...more
5/31/2019
/ CAFA ,
Class Action ,
Co-Defendants ,
Counterclaims ,
Federal Rules of Civil Procedure ,
General Removal Provisions ,
Home Depot USA Inc v Jackson ,
Jurisdiction ,
Remand ,
Removal ,
SCOTUS ,
Third-Party
The Federal Rules of Appellate Procedure are generally liberal and allow the appellate courts a great deal of discretion: for example, FRAP 2 allows a Court of Appeals to “suspend any provision of these rules in a particular...more