Nationwide FLSA Lawsuits Just Got Harder—Here’s Why - #WorkforceWednesday® - Employment Law This Week®
Data Driven Compliance: Understanding the UK’s New Failure to Prevent Fraud Offense with Sam Tate
(Podcast) The Briefing: No CTRL-ALT-DEL For the Server Test
Podcast - The 3 Core Themes of Trial Law: Know Your Court
The FTC’s Rule Banning Non-Compete Agreements | What You Need to Know
The Chartwell Chronicles: Florida Workers' Compensation
The Chartwell Chronicles: New Jersey Caselaw Updates
The Maritime Anti-Corruption Network: An In-Depth Conversation
Policyholders vs. Insurers: 3 Arguments to Make When Selecting Defense Counsel & Hourly Rates
JONES DAY PRESENTS®: The Mechanics of Multidistrict Litigation: Streamlining Complex Cases
The Chartwell Chronicles: Medical Provider Claims
A General Overview of Maryland Workers' Compensation
Elements and Defenses to Claim Petitions
NGE On Demand: The (Dilatory) Forum Defendant Rule and Snap Removal with Nick Graber
Redefining Personal Jurisdiction: SCOTUS rules on the Ford Cases [More with McGlinchey Ep. 19]
Workers' Compensation Academy: 2020: A Unique Year in Many Ways Including Changes in New Jersey Workers’ Compensation
Law School Toolbox Podcast Episode 263: Listen and Learn -- Subject Matter Jurisdiction
Chapter 15 Bankruptcy Issues, Venue, and Jurisdiction by Kristhy Peguero and Jennifer Wertz
Podcast: CFIUS Update: Key Takeaways from the FIRRMA Implementing Regulations
Missing the deadline to file a notice of appeal has severe consequences. A late notice of appeal in a civil case deprives the United States Court of Appeals of jurisdiction, meaning no appeal can take place. In the event a...more
Sometimes a judge or jury finds against you, and you must decide whether and how to appeal. But not every court ruling can be appealed. And not every appeal can make it all the way to a state’s highest court or to the U.S....more
In In re Est. of Wheatfall, a trial court entered an order admitting a will to probate and denying a will contestant’s claims. No. 01-22-00920-CV, 2024 Tex. App. LEXIS 5503 (Tex. App.—Houston [1st Dist.] August 1, 2024, no...more
A federal court in New York recently ruled that an interim arbitration order was final and granted a developer’s petition to confirm the order which required the franchisor to make payments to the developer while the...more
On 21 December 2023, Mr Justice Waksman handed down his judgment in the second trial of the Eurasian Natural Resources Corporation (ENRC) saga. The judgment, along with its earlier companions, is extraordinary in many ways...more
While most appeals do not occur until after a final order is issued by the circuit court, there are instances when an issue is so pressing that an appellate court will resolve it before the case proceeds to final judgment in...more
Judgments can generally be attacked through either a direct or collateral attack. A collateral attack, as opposed to a direct attack, does not attempt to secure a corrected judgment; rather, it involves an attempt to avoid...more
A contractor client of White and Williams recently found itself in a prickly situation. They had default terminated a subcontractor on a major commercial project and withheld payment to that subcontractor on an outstanding...more
Ohio- Statute of Frauds- TLOA Acquisitions, L.L.C. v. Unknown Heirs, 8th Dist. Cuyahoga No. 110002, 2021-Ohio-3678- In this appeal, the Eighth Appellate District affirmed the trial court’s decision, agreeing that the...more
United States Patent and Trademark Office v. Booking.Com B. V., Case No. 19–46 (2020). Adding “.com” to a generic description that is not otherwise capable of being trademarked is permissible if consumers do not view the name...more
Can a party “manufacture” appellate jurisdiction for an otherwise interlocutory appeal through the voluntary dismissal of remaining claims? That question was generally answered in the negative by the Supreme Court in 2017 in...more
Finding that a California trial court’s statement of decision was not a judgment or appealable order, the California Court of Appeal dismissed the appeal, having no jurisdiction or authority to review it....more
As a general rule, the Michigan Court of Appeals’ jurisdiction is limited to appeals of right from a “final judgment or final order.” MCR 7.203(A)(1). In most cases, that will be the “the first judgment or order that disposes...more
Federal Circuit Summary - Before Dyk, Taranto, and Stoll. Appeal from U.S. District Court for the District of Delaware. Summary: The Federal Circuit lacks jurisdiction to hear an appeal from a district court judgment...more
Several significant amendments to the Florida Rules of Appellate Procedure and the Florida Rules of Judicial Administration will take effect on January 1, 2019. These amendments were outlined in three recent Florida Supreme...more
The U.S. Supreme Court has ruled that when a final decision has been issued in one of several consolidated civil cases, the losing party can immediately appeal, even if other of the consolidated cases are ongoing. Hall v....more
The Texas Supreme Court addressed when – following appeal and remand – an order or judgment of the trial court is “final” for purposes of appellate court jurisdiction in McFadin, III v. Broadway Coffeehouse, No. 16-0560, 2018...more
In the final post of this series addressing competing class litigation, we’ll analyze the sparingly used but sometimes viable strategy of seeking an injunction against a competing class action. Under limited circumstances, it...more
On June 12, 2017, the Supreme Court issued its decision in Microsoft Corp. v. Baker. Baker resolves a Circuit split concerning whether a plaintiff, after losing a class certification battle, can effectively manufacture...more
The Supreme Court, in an opinion written by Justice Ginsburg, has held that 28 U.S.C. § 1291 does not confer appellate jurisdiction over an otherwise interlocutory order on class certification following plaintiffs’ voluntary...more
On 17 March 2017 Mr. Justice Teare delivered an important judgment concerning the enforcement of foreign (specifically New York) judgments in England. The case involved a New York procedure known as “Judgment by...more
In Murray v. Moody, 797 S.E.2d 365 (N.C. Ct. App. 2017), a Wilson County Superior Court entered an “Amended Final Judgment” expressly provided judgment for a lien on damages that a jury awarded in a civil suit in favor of the...more
Errors will happen during litigation and at trial. They are simply inevitable. Many of them will be harmless. But when the error is harmful, a trial lawyer’s nightmare is finding out (too late) that the error was not...more
In In re Tipps, an elderly woman’s son became trustee of a trust due to her incompetency, and the son and his brother went to a mediation concerning a guardianship proceeding and other issues. No. 05-14-01495-CV, 2016 Tex....more
The Ninth Circuit will not review district court stays, the appeals court recently held, because they are not “final orders” subject to immediate appeal. On January 26, 2015, the Ninth Circuit granted General Mills’ motion to...more