Civil Procedure

The National Law Review covers a broad range of cases, litigation, news, and stories, as they relate to civil procedure in the United States and internationally. The Federal Rules of Civil Procedure and the Criminal Rules of Civil Procedure, guide litigation at civil and criminal levels in the United States. Further, standard federal and state courts also have general rules of civil procedure which serve as guidelines of what the court expects, how parties should interact in proceedings, and how evidence should be presented in cases. The National Law Review provides in depth analysis of the rules of procedure, and how they possibly affect the outcome of different cases at the state and federal level.

When adjudicating civil lawsuits, parties must act accordingly, not only at trial, but also in the presentation of evidence, witness statements, and how they interact outside of court. All of this is guided by the Federal Rules of Civil Procedure. The National Law Review not only publishes updates to those rules as they are updated by the courts, but also covers topics including: issues of discovery, the complexities which e-discovery present today, use of expert testimony at trial, hearsay evidence, and other areas of trial/party interactions, which are governed by the Rules of Procedure.

The Civil Rules of Procedure also dictate the venue and jurisdiction which courts have to hear certain cases. The National Law Review covers topics including personal, subject-matter, and party jurisdiction, which dictate which courts parties can file a lawsuit it. Jurisdictional requirements further govern whether or not a case can be brought at the federal level, or first has to go through state courts. The Federal Rules of Civil Procedure serve as guides in filing a civil or criminal lawsuit. Visitors to the National Law Review can find topics which cover constitutional issues, such as Article III (standing requirement), what judicial sanctions are imposed for violating the rules of procedure, how spoliation of evidence is dealt with, introducing digital evidence, and even introduction of social media evidence, as it is so highly used in today’s digital world.

The National Law Review covers cases, news, and stories which deal with the rules of procedure, litigation, and updates to the Federal Rules, which may impact parties to a lawsuit, and where they can bring a lawsuit based on those rules.

 

For hourly updates on the latest in legal, legislation, government regulation & compliance, litigation, court procedures, and corporate law news, be sure to follow the National Law Review Twitter feed, and sign up for complimentary e-news bulletins.

 

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Mar
11
2013
Second Circuit Reverses Dismissal of Securities Act Violation Claims, Holding that Plaintiff's Allegations Were Sufficient to Plead a Reasonable Inference of Misrepresentations in a Prospectus Sheppard, Mullin, Richter & Hampton LLP
Mar
31
2013
BONDing WITH NPE's - The Requirement for Security for Costs or Expenses Under Section 1030 of the California Code of Civil Procedure Sheppard, Mullin, Richter & Hampton LLP
Apr
4
2013
E.D.N.Y. Judge Reverses Course: Rule 41 Stipulation of Voluntary Dismissal in FLSA Action Does Not Require Court Approval Sheppard, Mullin, Richter & Hampton LLP
Apr
26
2013
Delaware Supreme Court Affirms Preclusive Effect of Non-Delaware Dismissals and Rejects Irrebuttable Presumption That a Derivative Plaintiff Who Fails to Conduct a Section 220 Inspection Is an Inadequate Representative Sheppard, Mullin, Richter & Hampton LLP
Aug
29
2013
Ninth Circuit Falls In Line With Supreme Court Ruling on Class Action Removals Sheppard, Mullin, Richter & Hampton LLP
Oct
31
2013
New York Court of Appeals Places Burden on Employer to Plead that Employee Seeking Indefinite Leave Cannot Satisfy the Essential Requisites of the Job Sheppard, Mullin, Richter & Hampton LLP
Feb
19
2014
Comity and Commonality: A Tale of Two Identical Class Actions Brought By Forum-Shopping Plaintiffs’ Counsel Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2014
Lessons From A Cautionary Tale of Electronic Discovery Pitfalls in Health Care Litigation Sheppard, Mullin, Richter & Hampton LLP
May
15
2020
Fifth Circuit: Client Identity Not Privileged in IRS Probe Sheppard, Mullin, Richter & Hampton LLP
Jul
11
2010
California Statute Regarding Convenience Checks Not Facially Preempted By Federal Law Sheppard, Mullin, Richter & Hampton LLP
Apr
5
2011
Are You A Foreign Company With A Relationship To A New York Company? It May Be Your Agent And Provide A Basis For Jurisdiction Sheppard, Mullin, Richter & Hampton LLP
Jun
26
2011
Ninth Circuit Rejects Consumer Antitrust Challenge To Cable Television Bundling Sheppard, Mullin, Richter & Hampton LLP
Aug
23
2011
Partnership Pitfalls -- Things to Keep in Mind When Filing a Notice of Pendency Involving Partnership Assets Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2013
Second Circuit Rules that the Fair Labor Standards Act (FLSA) Does Not Apply to Claims for Gap-Time Pay Sheppard, Mullin, Richter & Hampton LLP
Apr
23
2013
No Relief Under Code of Civil Procedure (CCP) Section 473 For Missed Filing Deadline In California Environmental Quality Act (CEQA) Challenge Sheppard, Mullin, Richter & Hampton LLP
Jun
13
2013
Sixth Circuit Splits with Second and Ninth Circuits Regarding Need to Allege Defendants' State of Mind for Claims Challenging Soft Information Under Section 11 of the Securities Act of 1933 Sheppard, Mullin, Richter & Hampton LLP
Jan
25
2014
Mum’s the Word: New York’s Highest Court Maintains Anonymity in Auction Sales Sheppard, Mullin, Richter & Hampton LLP
Mar
21
2014
Delaware Court of Chancery Grants Summary Judgment Dismissing Breach of Fiduciary Duty Claims In Absence of Evidence of Directors’ “Conscious Disregard” of Fiduciary Duties Sheppard, Mullin, Richter & Hampton LLP
Apr
1
2014
Texas District Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon Allegedly Misleading Registration Statement Sheppard, Mullin, Richter & Hampton LLP
May
21
2014
New Decision Clarifies Summary Judgment Standards for Off-the-Clock Claims Sheppard, Mullin, Richter & Hampton LLP
Nov
21
2014
Faulty Damages Model Leads to Partial Decertification in California Sheppard, Mullin, Richter & Hampton LLP
May
22
2020
Practical Considerations under FIDIC Contracts in Light of COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Mar
3
2021
Governor Cuomo’s “Tolling” of New York Statutes of Limitation Has Ended, But What Did It Accomplish? Sheppard, Mullin, Richter & Hampton LLP
Jul
12
2010
DCAA Implements Federal Circuit Decision Requiring Interest Compounded Daily On Adjustments For CAS Noncompliances Sheppard, Mullin, Richter & Hampton LLP
Jul
30
2010
Ninth Circuit Holds That Safe Harbor Provision Of The Reform Act Applies To Forward-Looking Statements Accompanied By Cautionary Language And Forward-Looking Statements Made Without Actual Knowledge Of Falsity Sheppard, Mullin, Richter & Hampton LLP
Dec
5
2010
Bank Had No Duty to Advise Business Charge Card Owner that Bank had Obtained Judgment Against a Person Who Was Authorized to Use the Card Sheppard, Mullin, Richter & Hampton LLP
Feb
5
2011
Untimely Filing Of Motion To Dismiss Does Not Warrant Automatic Dismissal Where Motion Is Meritorious And Opposing Party Will Not Be Prejudiced Sheppard, Mullin, Richter & Hampton LLP
Jun
27
2011
Generic Drug Manufacturers And Failure To Warn: What duty is there after Pliva v. Mensing? Sheppard, Mullin, Richter & Hampton LLP
Jul
15
2011
California Appellate Court Analyzes Employment Arbitration Agreement after Supreme Court's AT&T Decision Sheppard, Mullin, Richter & Hampton LLP
Mar
10
2013
U.S. Supreme Court Declines to Apply the "Discovery Rule" to Extend the Five-Year Statute of Limitations for SEC Punitive Fraud Enforcement Actions Sheppard, Mullin, Richter & Hampton LLP
Apr
27
2013
Delaware Chancery Court Decisions Highlight That a "Crucial Difference" In Analyzing Director Liability For "Bad Faith" In the Context of an M&A Sales Process Is the Seriousness of the Bidder Sheppard, Mullin, Richter & Hampton LLP
May
30
2013
Ninth Circuit Rules that Comcast Does Not Kill Wage and Hour Class Actions Sheppard, Mullin, Richter & Hampton LLP
Mar
25
2014
Commercial Division Justices Oing and Scarpulla Participate In New Pilot Program Sheppard, Mullin, Richter & Hampton LLP
Apr
9
2014
Seventh Circuit Affirms Lodestar Method to Determine Attorneys’ Fees in Telephone Consumer Protection Act (TCPA) Class Action Settlement Sheppard, Mullin, Richter & Hampton LLP
May
22
2014
First Circuit Affirms District Court’s Exclusion of Event Study as Unreliable Under Daubert Sheppard, Mullin, Richter & Hampton LLP
 

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