Articles: 1-10 of 12
When Objecting Once Is Not Enough: Recognizing a Continuing Duty as the Charges and Verdict Form Evolve
USA - January 3 2017 On November 21, 2016, the First Circuit offered practitioners yet another reminder that, as the charges and verdict form evolve through colloquys…
District Of New Jersey Rewards Defendant’s Candor, Finds No Waiver In Successive Motion to Dismiss
USA - December 15 2016 Federal Rule 12(g)(2) generally prohibits a successive motion to dismiss based on grounds that were known at the time of the original motion. This…
Appeal Dismissed: SCOTUS Delivers Tough Lesson to Be Careful What You Ask For
USA - November 22 2016 Traditionally, when litigants think of preservation, they think about advancing an argument in a lower court in order to be able to present it to a…
Ready for Your Close-up? Five Tips for Using Videoconferencing Technology at Trial
USA - October 26 2016 From a technological standpoint, it is now relatively simple to present live video and audio testimony during a court proceeding of a witness located…
Avoiding Close Calls: Sixth Circuit’s Galaria v. Nationwide Decision Offers Valuable Pleading Tips
USA - October 7 2016 The Sixth Circuit’s split decision last month finding Article 3 standing in a data breach case is the first of its kind post-Spokeo. See Galaria v…
Contemplating Cross-Appeals - When “Winners” Need to Appeal
USA - September 19 2016 One preservation issue that seems to receive less attention than it should is the potential need for a cross-appeal. An appellee/respondent who is not…
Does Your Expert Challenge Quack Like an Untimely Daubert Motion?
USA - September 6 2016 In Frigaliment Importing Co. v. BNS Int’l Sales Corp., 190 F. Supp. 116 (S.D.N.Y. 1960), Judge Friendly famously asked “What is chicken?” A case…
Be Wary About A Trial Court's Assurances of Preservation
USA - August 3 2016 Imagine a trial judge is trying to move things along at a charge conference. An issue arises, trial counsel begins to voice objections, and the judge…
Yes Counselor You Argued That Below, But No It Is Not Preserved
USA - June 15 2016 Don't assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of…
Seeing is Believing: Preserving Your Argument as to Audiovisual Evidence and Demonstrative Aids in the Courtroom
USA - June 1 2016 With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the…
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