Podcast - A Tortured Journey with the Lying Witness
Hospitals may once again be able to control where a patient brings a medical malpractice claim through a venue-selection agreement entered into with their patients....more
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
In the context of asset recovery, a successful outcome largely depends on the ability of a claimant to garner sufficient disclosure of assets that are amenable to enforcement. This, in turn, explains why the powerful...more
Last month, the Supreme Court of Texas proposed new Texas Rule of Civil Procedure, 201.3, that “would adopt the Uniform Interstate Depositions and Discovery Act,” commonly known as the UIDDA. ...more
Texas and Missouri, two states that have long flirted with the idea of adopting the Uniform Interstate Depositions and Discovery Act, now appear poised to take action sometime this year. ...more
An analysis of Lawton Candle v. BG Personnel LP and Texas Rule of Civil Procedure 108. In a recent case, Lawton Candle v. BG Personnel LP, the Dallas Court of Appeals overturned a default judgment against an Oklahoma LLC...more
The last quarter of 2024 and the beginning of 2025 saw multiple amendments to the Mississippi Rules of Civil Procedure that will impact Mississippi practitioners. The three primary Rule changes are: (1) third-party...more
Ever had to explain to a client why a sweet win in the lower courts doesn’t necessarily mean that it’s time to dig in and eat? In City of Martinsville, VA v. Express Scripts, a Fourth Circuit majority opinion used a...more
In In re In the Estate of Wegenhoft, an applicant filed an application to probate a will, which contained a no-contest clause. No. 14-23-00350-CV, 2024 Tex. App. LEXIS 5352 (Tex. App.—Houston [14th Dist.] July 30, 2024, no...more
The Arizona Court of Appeals recently held that in a deposition, a party must answer any relevant, non-harassing question, unless the answer is privileged. Attorneys are on notice that sanctions are fair game if they instruct...more
One of the ongoing goals of the New York State Office of Court Administration (“OCA”) is to periodically update and refine the jurisdictional criteria for the Commercial Division to ensure that it exclusively handles complex...more
In its recent judgment in UniCredit Bank GmbH v RusChemAlliance LLC [2024] UKSC 30, arising out of a dispute between a Russian energy developer and a German bank concerning the effect of EU sanctions on Russia, the UK Supreme...more
The UK Supreme Court decision in UniCredit Bank v RusChemAlliance has confirmed that the English court has jurisdiction to grant an anti-suit injunction (ASI) to restrain foreign court proceedings brought in breach of a Paris...more
Arbitration is a popular mode of alternative dispute resolution in Hong Kong, used increasingly in cross-border commercial disputes and among international parties. In 2023, the Hong Kong International Arbitration Centre...more
In In re Trust A & Trust C, a beneficiary sued a trustee for breach of fiduciary duty and sought a constructive trust over assets that were transferred out of the trust. 690 S.W.3d 80 (Tex. 2024)....more
In New Jersey, your workers’ compensation claim can be settled in one of two ways: an Order Approving Settlement or an Order Approving Settlement with Dismissal....more
In May 2024, the Hong Kong Government introduced the Construction Industry Security of Payment Bill (Bill) to the Legislative Council for first reading. If the Bill is passed into law, the Bill will introduce a statutory...more
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more
When there are two conflicting contracts—one requiring a court to address whether a case should be decided by arbitration or court action, and another requiring an arbitrator to address that issue—who decides which contract...more
In a ruling dated 2 April 2024 (Tribunal Judiciaire de Paris, 2 April 2024, RG no. 24/51659), the President of the Tribunal Judiciaire de Paris confirmed that he could no longer be seised in référé (summary proceedings)...more
Germany is in the process of renewing its arbitration law, which in its current version dates from 1997. In April 2023, the German Federal Ministry of Justice (the “Ministry”) published a Key Issues Paper, identifying...more
Judges and jurists alike champion the notion that rehearings should be used sparingly and only when the conditions are just right. A lesser known concept is that sometimes a motion for rehearing is absolutely necessary to...more
How do you determine whether a case should be heard in state court or federal court? Lawsuits can be filed in either state or federal court, depending on where the litigants live or do business, the type of case, the amount...more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
In 2023, the international arbitration landscape is dominated by macroeconomic factors. The inflationary pressures combined with price volatility and the use of sanctions by governments following Russia’s invasion of Ukraine...more