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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Dec
20
2019
Ending Up On The Naughty List: Dismissal Of A Pending Appeal Under The Disentitlement Doctrine Sheppard, Mullin, Richter & Hampton LLP
May
23
2020
Rolls-Royce Seeks to Resolve Circuit Split on Whether District Courts Can Order Discovery For Use in Private Arbitration Sheppard, Mullin, Richter & Hampton LLP
Aug
14
2020
Ixchel v. Biogen: California B2B Noncompetes Do Not Per Se Violate B&P Section 16600, and Are Instead Subject to Rule of Reason Sheppard, Mullin, Richter & Hampton LLP
Sep
9
2022
Commercial Division to Adopt New Rule Requiring Interlineation of Responsive Pleadings Sheppard, Mullin, Richter & Hampton LLP
Aug
1
2010
United States Supreme Court Limits Extraterritorial Reach Of Private Federal Securities Claims Sheppard, Mullin, Richter & Hampton LLP
Oct
25
2010
Delaware Supreme Court Requires Credible Evidence of a "Proper Purpose" to Review a Corporation's Books and Records Sheppard, Mullin, Richter & Hampton LLP
Mar
20
2011
The Supreme Court To Decide Whether FOIA Responses Trigger The False Claims Act's Public Disclosure Bar Sheppard, Mullin, Richter & Hampton LLP
Jun
12
2011
California Court of Appeal Holds That State Courts Have Jurisdiction Over Securities Act Class Actions Unless the Action Is a "Covered Class Action" and Involves a "Covered Security" Under SLUSA Sheppard, Mullin, Richter & Hampton LLP
Oct
5
2011
A Chapter 11 Diaspora? House Judiciary Committee Considers Chapter 11 Venue Reform Sheppard, Mullin, Richter & Hampton LLP
Mar
10
2013
9th Circuit Applies Dukes v. Wal-Mart to a Wage/Hour Class Action Sheppard, Mullin, Richter & Hampton LLP
Mar
13
2013
Second Circuit Rules That Putative Auction Rate Securities Class Action Complaints Failed to Adequately Plead Antitrust Conspiracy Sheppard, Mullin, Richter & Hampton LLP
Jul
2
2013
Foreign Trade Antitrust Improvements Act Defeats Claim Against Holder Of Patent Incorporated Into Industry Standard Sheppard, Mullin, Richter & Hampton LLP
Dec
12
2013
United States Supreme Court Holds that Contractual Forum-Selection Clauses Deserve Near Absolute Deference In Considering Changes of Venue Under 28 U.S.C. § 1404(a) Sheppard, Mullin, Richter & Hampton LLP
Aug
6
2015
The Pitfalls of Ascertaining Ascertainability: Seventh Circuit Declines to Adopt Heightened Threshold Requirement for Class Actions Sheppard, Mullin, Richter & Hampton LLP
Jan
21
2016
Not Taking “Yes” For An Answer: U.S. Supreme Court Rules That Unaccepted Offer Of Complete Individual Relief Does Not Moot Plaintiff’s Individual Or Class Action Claim Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2019
Pursuing and Responding to Discovery Requests Under 28 U.S.C. § 1782 Sheppard, Mullin, Richter & Hampton LLP
Apr
18
2020
New Jersey Gives Employers a Break on New WARN Requirements Due to COVID-19 Sheppard, Mullin, Richter & Hampton LLP
Jan
28
2022
California Supreme Court Holds That McDonnell Douglas Standard Should Not Be Used When Evaluating Whistleblower Retaliation Claims Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2022
California Court of Appeal Makes Clear that PAGA Plaintiffs are not Entitled to a Jury Trial and Provides Helpful Guidance on Suitable Seating Claims Sheppard, Mullin, Richter & Hampton LLP
Apr
1
2022
NLRB to Decide Whether Misclassification Is Standalone Violation of the NLRA Sheppard, Mullin, Richter & Hampton LLP
Apr
24
2023
Failure to Timely Produce in Discovery Underlying Written Contract with Insured Prevented General Contractor from Establishing Status as an Additional Insured Sheppard, Mullin, Richter & Hampton LLP
Jul
14
2010
CA Court of Appeal Affirms Multi-Million Settlement Despite Vigorous Objections Sheppard, Mullin, Richter & Hampton LLP
Nov
3
2010
Delaware Supreme Court Clarifies Law Regarding Standing of Plaintiff-Shareholders to Bring a Post-Merger Double Derivative Action Sheppard, Mullin, Richter & Hampton LLP
Feb
12
2011
California Court Issues Tentative Ruling Enjoining AB 32 Implementation Sheppard, Mullin, Richter & Hampton LLP
Nov
28
2011
Ninth Circuit Latest to Permit Corporate Liability Under Alien Tort Statute; Supreme Court to Resolve Circuit Split in 2012 Sheppard, Mullin, Richter & Hampton LLP
Jun
6
2013
Second Circuit Overturns Class Certification Order in Assistant Branch Manager Overtime Case Sheppard, Mullin, Richter & Hampton LLP
Jun
29
2013
Second Circuit Reaffirms Continued Use of the "Knowing Possession" Causation Standard in Rajaratnam Insider Trading Case Sheppard, Mullin, Richter & Hampton LLP
Dec
6
2013
Substantial Evidence Test Applies to Decision Not to Require Additional Environmental Impact Report (EIR) Sheppard, Mullin, Richter & Hampton LLP
Jan
28
2014
United States Supreme Court Holds That Non-U.S. Corporations Are Subject to General Personal Jurisdiction in U.S. States Only in States Where They Are “At Home” Sheppard, Mullin, Richter & Hampton LLP
Sep
4
2014
Second Circuit Defines “Customer” for Mandatory FINRA Arbitration Sheppard, Mullin, Richter & Hampton LLP
Oct
22
2014
Employer Permitted to Use “After-Acquired” Evidence at Discrimination Trial Sheppard, Mullin, Richter & Hampton LLP
Dec
18
2014
No Proof Necessary: SCOTUS Rules Defendant’s Notice Of Removal Under CAFA Need Not Include Evidence of The Amount In Controversy Sheppard, Mullin, Richter & Hampton LLP
Mar
29
2016
Attacking Class Action Allegations On The Pleadings Can Be A Successful Strategy Sheppard, Mullin, Richter & Hampton LLP
May
18
2016
U.S. Supreme Court Remands Spokeo; Ninth Circuit Must Consider Whether “Concrete” Injury Occurred Sheppard, Mullin, Richter & Hampton LLP
Mar
30
2019
Second Circuit Affirms “Snap” Removal Practice Sheppard, Mullin, Richter & Hampton LLP
Mar
19
2020
Delaware Supreme Court Confirms That Federal Forum Provision Is Facially Valid, Reversing Court of Chancery Sheppard, Mullin, Richter & Hampton LLP
Mar
9
2022
Forum Selection Clause Can Preclude PTO Validity Challenges Sheppard, Mullin, Richter & Hampton LLP
Jun
16
2023
Supreme Court Rules “That Dog Don’t Hunt”: Bad Spaniels Toy’s Use of JACK DANIELS Marks is a Poor Parody and Dilution Act Applies Sheppard, Mullin, Richter & Hampton LLP
Jun
25
2010
California Court Takes On Trade-Secret Preemption of Other Civil Claims Sheppard, Mullin, Richter & Hampton LLP
Jul
16
2010
Gucci's Attempt to Extend Trademark Infringement Liability to Credit Card Merchant Service Providers Survives Motion to Dismiss Sheppard, Mullin, Richter & Hampton LLP
Aug
5
2010
Ninth Circuit Finds Employment Agreement Ambiguous As To Whether An Employee's "Ideas" Were Assigned To Employer Sheppard, Mullin, Richter & Hampton LLP
Aug
26
2010
Dead Zone? Direct Claims by Creditors of a California Corporation May Not Lie Against Management Based on Management's Allegedly Shifting Duties When Corporation Is in the Zone of Insolvency or Even Insolvent Sheppard, Mullin, Richter & Hampton LLP
Jan
4
2011
E-CIGARETTES GET A "SMOKING" BREAK: D.C. Circuit Clarifies Scope of FDA's Authority Over E-Cigarettes Sheppard, Mullin, Richter & Hampton LLP
Feb
14
2011
Court to Lenders: Strict Compliance with Local Recording Requirements Necessary Sheppard, Mullin, Richter & Hampton LLP
Jul
27
2011
Anonymous Bloggers And The First Amendment: When And How Your Company Can Identify Its John Doe Defendants Sheppard, Mullin, Richter & Hampton LLP
Jan
13
2012
Default Judgment Is Not Available In Actions To Quiet Title Sheppard, Mullin, Richter & Hampton LLP
Feb
25
2014
Delaware Chancery Court Declines to Apply Offer-of-Judgment Rule in Appraisal Proceedings Sheppard, Mullin, Richter & Hampton LLP
Mar
1
2014
Are Call Recording Class Actions Doomed in California? Sheppard, Mullin, Richter & Hampton LLP
Apr
15
2014
Sweet(ener) Confusion: California District Court Divide Over Role of Primary Jurisdiction Doctrine in “Evaporated Cane Juice” Cases Grows Sheppard, Mullin, Richter & Hampton LLP
Jan
28
2015
Hold the Phone: Illinois Federal Judge Holds Dish Network on the Line for Tens of Millions of Calls, but Leaves Silver Lining for TCPA Defendants Sheppard, Mullin, Richter & Hampton LLP
 

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