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Subject Matter Jurisdiction › Appeals › Litigation Strategies

WilmerHale

Supreme Court To Decide Significant Case On When To Bring Constitutional Challenge Against State Attorney General In Federal Court

WilmerHale on

On June 16, 2025, the Supreme Court granted certiorari in a case from the Third Circuit regarding the availability of a federal forum to raise constitutional challenges to a subpoena issued by a state attorney general....more

Carlton Fields

Appearance by Video Might Be More Convenient for a Nonparty in Arbitration, but It Can’t Be Compelled Under the FAA

Carlton Fields on

You find yourself in an arbitration needing documents and testimony from a nonparty. Your arbitrator issues a nonparty summons, “conveniently” requiring the out-of-state nonparty to appear by video at a hearing and produce...more

Carlton Fields

Don't Estop Believin' - Courts May Save Your Judicial Estoppel Argument

Carlton Fields on

The equitable doctrine of judicial estoppel prevents a party from asserting a claim in a legal proceeding that is inconsistent with a claim taken by that party in a previous proceeding. Generally, the doctrine is raised by a...more

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