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This allows them to better assert their rights and protect their interests if they end up in litigation. When Can a Federal Court Hear a Case? There are two main situations in which a federal court might be able to hear a case. Otherwise, a state court will hear the case. What Can You Ask a Court To Do?
The American Bar Association’s Litigation Section hosts its Section Annual Conference once a year and like so many gatherings, it was on hold during COVID-19. For those not familiar, the Section Annual is a premier gathering for litigators featuring elite professionals discussing trial work, strategies, and the latest innovations.
Litigation, ADR, ODR—The Next Normal? Nicole Nehama Auerbach—litigator, co-founder of pioneering law firms Valorem Law and ElevateNext. Sohail Mohammed—electrical engineer, New Jersey Superior Court Judge, court innovator and teacher. In just over one week, 95% of NJ judges and staff were available online.
Generative AI has transformed how people around the world work; how they create; and what they see, hear, and watch online. Despite the busy 2024 litigation year against companies offering AI platforms in 2024, significant intellectual property questions remain unanswered as the calendar turns to 2025.
Returning home with 15 episodes (linked below), it was our pleasure to interview the leadership, network news personalities, federal judges, ABA Medal winners, top presenters, singers , and more who participated in one of the legal profession’s largest gatherings. Tips for Construction Litigation. Legal Education and Student Lending.
Another example of procedural justice is alternative dispute resolution (ADR) processes, such as mediation, arbitration, and neutral evaluation, which allow litigants to use the assistance of a neutral third party to help resolve a legal dispute in a more collaborative space. What are the 4 pillars of procedural justice?
Tune in to hear the touching story of an inspirational letter that went unanswered for decades. State Bar of Texas Annual Meeting 2019: ‘Get Paid and Have a Life’ with Judge Audrey Moorehead. Tune in to hear what citizens can do to reverse this trend. Can Kanye West teach lawyers a thing or two about litigation?
As a former litigator, Schafer experienced firsthand the frustrating scramble to finalize briefs and prepare filings. Looking ahead, Schafer expects to expand ClearBrief’s features to assist paralegals along with corporate attorneys beyond litigation. Then I’m sure the judge is saying sorry, doesn’t cut it.
Are you a busy litigator constantly on the move? For clients concerned about issues of prejudice, unfairness, inconvenience, improper venue, or for cases requiring judges with special knowledge, a motion to transfer venue can be used to ensure a fair and comfortable legal process. Let us show you around book a demo today !
Alexander discussed how mental health and wellbeing have been stigmatized in the legal profession and the shocking new research regarding lawyers’ health on ABA’s Section of Litigation’s podcast Litigation Radio. “I Hear the full episode: No, no, no, that’s not it. The pie is big enough for all of us.”
In fairness, the Missouri case involved a pro se litigant, not a lawyer, but that pro se litigant claimed to have gotten the citations from a lawyer he hired through the internet. Karlen , the unwitting litigant filed an appellate brief in which 22 of 24 cases were fictitious. In reviewing the memoranda, Judge Brian A.
Knowing what a motion hearing is and how to handle it is crucial for any lawyer. These hearings are where attorneys argue specific requests before a judge, and the outcomes can greatly influence a case. In this post, we dive into why these hearings matter and what lawyers need to know to navigate them successfully.
As part of that program, called Project Litigate , a related Judicial Task Force also is looking at ways to do the same thing. Pennsylvania judges have committed to have oral hearings on motions that might otherwise be decided on briefs–if a younger lawyer is involved is one way to do this.
I think it’s an important thing to think about throughout any stage of litigation. [It This record-keeping becomes especially challenging in complex litigation when trial counsel is focused on winning a trial, rather than preparing for an appeal. And credibility is important – especially when it comes to convincing a judge on appeal.
This case got assigned to Judge Alsup’s courtroom. I previously summarized Judge Alsup’s modus operandi about motions to dismiss: Judge Alsup gives the benefit of the doubt to plaintiffs on motions to dismiss, only to hammer them on summary judgment if their evidence doesn’t hold up to scrutiny.
As part of that program, called Project Litigate , a related Judicial Task Force also is looking at ways to do the same thing. Pennsylvania judges have committed to have oral hearings on motions that might otherwise be decided on briefs–if a younger lawyer is involved is one way to do this.
After a couple of defendants showed up, the judge denied a TRO extension because of the possible lack of merit in the plaintiff’s infringement allegations. In other words, the plaintiff can completely abuse their litigation but get more chances. Then, the case fell apart. That’s unacceptable. Emoji GmbH v.
Jackie Schafer: I started out as a litigator at Paul Weiss, but spent most of my career in public service as an assistant attorney general, where I was regularly briefing and arguing cases before the state appellate courts in Alaska and Washington state. Often, it comes down to what the judge is reading alone in their chambers.
This includes the rules as set by rightsowners in ex parte proceedings, which can deviate widely from standard doctrine–it’s whatever the rightsowners can get the judges to agree to–and the rules set by third-party intermediaries, such as online marketplaces. Judge Pushes Back on Copyright SAD Scheme Cases–Viral DRM v.
This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.
This blog explores different alternative dispute resolution processes and methods, such as mediation, arbitration, and litigation. In some cases, the ADR process is used along with the litigation process. There are a few different types of alternative dispute resolution, such as mediation, arbitration, and litigation.
Any litigator will eventually have to contend with motions to compel discovery (also known as motions for discovery). Here, we explore in more detail the role of these motions in modern litigation. A motion for discovery is a legal motion filed to enforce discovery rights, whether in civil or criminal litigation.
Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?
For a fuller description of the litigation genre and its problems, see my paper. I’ve been shocked at how acquiescent judges have been towards SAD Scheme cases, especially in the Northern District of Illinois, where the judges see these cases frequently and surely have witnessed first-hand some litigation abuses.
Many who create deepfakes just do it for fun, but manipulated videos and audio have made their way into litigation. In addition to inconsistencies you might see or hear, the background data attached to a digital file can reveal if it's been manipulated. So how do we keep fakes from being admitted as evidence?
But by providing a foil in litigation against both the Center for Countering Digital Hate (“CCDH”) and Bright Data (the world’s largest seller of scraped data), he’s given judges in the most important district court in the country for tech legal issues, the Northern District of California, plenty of motivation to rule against him.
Have you ever found yourself curious about the legal stuff you hear about? The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law.
So this case is now finally headed towards its always-inevitable date with the Ninth Circuit. * * * Last year, the judge gutted most of the case. You’d think that if that claim is your strongest/only claim, you’d go ahead and give up, but I’m not a litigator so what do I know?
Although the plaintiffs should celebrate the opportunities to get out of Texas and enjoy the wonderful tourism in California, plaintiffs will much prefer Texas judgeshearing Texans’ censorial gripes. * * * The plaintiffs run private Facebook groups. This change in venue would dampen the plaintiffs’ enthusiasm.
Earlier this week, I reported here that the litigation analytics company Gavelytics, which shut down operations in June, has been acquired by a relative newcomer to the legal analytics space, Pre/Dicta , which launched its product in July after two years of development. BOB: Congratulations to both of you.
Many lawyers, particularly litigators, feel the reality of January even more acutely. Add to that for litigators, at least, not much went on from Thanksgiving till the end of the year. Judges and even opposing counsel were a bit less demanding, probably because they were in holiday mode as well. Not many trials. Few depositions.
” The majority summarizes this discussion: “judges are not experts in the cybersecurity field. A rehearing would be appropriate because the deciding vote was cast by a visiting judge, not a regular 9th Circuit judge. Based on the fundamental illogic of its litigation position, I see no way for Enigma to win here.
This week we have Damien Riehl , VP, Litigation Workflow and Analytics Content at FastCase, and one of the drivers behind SALI (Standards Advancement for for the Legal Industry.) Damien is the Vice-President of Litigation Workflow and Analytics content and part of the leadership at SALI. And then I litigate the patent.
I saw and heard from Ian O’Flaherty and Tara Cheever who co-founded LitSoftware which created among other things, TrialPad, a platform that enabled litigators to control the courtroom and revolutionized how we persuade judges and juries. Don’t be afraid or discouraged by what you hear.
LFI also gives litigators specific insights into judges, opposing counsel tactics, and case outcomes. In fact, we see it down almost to some judges with clerks and putting information differently, and you can see the same judge same county, and information will be input differently. Nicole Clark 6:24 It absolutely is.
Many lawyers, particularly litigators, feel the reality of January even more acutely. Add to that for litigators, at least, not much went on from Thanksgiving till the end of the year. Judges and even opposing counsel were a bit less demanding, probably because they were in holiday mode as well. Not many trials. Few depositions.
He also sees opportunities to use the tools to help pro se litigants and courts. Now, one of the things that I’m hearing from some products that are being tested right now, at least a couple of them is that they don’t yet have that ability that you can put in, you know, a natural language search. We’d love to hear from you.
Five seconds after turning on your television you’re likely to hear an authoritative voice ask, “Have you or a loved one been diagnosed with mesothelioma? Today, it’s impossible to watch television or browse the internet without seeing countless advertisements for mass tort litigation. That remains to be seen.
Last month, the Colorado Supreme Court issued official guidelines for virtual participation in trial court proceedings , allowing litigants, victims, witnesses, and attorneys to attend virtually. Key to this access was a call to judges to “promote the use of remote audio and video services for case hearings and case management meetings.”
With the goals of automating the litigation process from response to appeal, Walter and Albeiro are focused on removing the mundane tasks, such as typing, from the process and allowing the attorneys to focus more on their legal experience and expertise over the grunt work that takes up too much of their time already. No, of course not.
While it is common to hear about large corporate defendants being sanctioned in huge products liability cases for not properly disclosing information, an individual plaintiff being sanctioned for the same offense is far less common. The judge ordered all my emails released and they must have gleaned your name off them.”
She was burning the midnight oil on a pleading she needed to get on file for a client (prior to launching Trellis, she was a litigator). She was unfamiliar with the judge that would hear the motion so, that night, she sent an email to colleagues at her firm to find out if any of them had been in front of the judge.
We are now post-pandemic, living in our “new normal,” and court systems are back up and running with a newfound ability to pivot to remote hearings when possible or when necessary for the sake of efficiency. In addition to family law litigation, she also negotiates prenuptial, post-nuptial and cohabitation agreements on behalf of clients.
In fairness, the Missouri case involved a pro se litigant, not a lawyer, but that pro se litigant claimed to have gotten the citations from a lawyer he hired through the internet. Karlen , the unwitting litigant filed an appellate brief in which 22 of 24 cases were fictitious. In reviewing the memoranda, Judge Brian A.
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