By: Randi-Lynn Smallheer , Practical Guidance This article is for attorneys making a motion for summary judgment in New York state court under Rule 3212 of the Civil Practice Law and Rules . It provides an overview of summary judgment and addresses...

By: Theodore K. Cheng, Esq. , ADR Office of Theo Cheng This article discusses the complex issue of whether and how an arbitrator can compel parties to participate in remote arbitration hearings amid the novel coronavirus (COVID-19) pandemic. ONE IMPACT...

By: Randi-Lynn Smallheer , Lexis Practice Advisor As the novel coronavirus outbreak forces people around the world to suspend business as usual, litigators still face deadlines, whether imposed by a judge, a set of rules, or a statute. This article...

By: Jim Wagstaffe and The Wagstaffe Group Recent caselaw has upheld the enforceability of boilerplate contractual provisions regarding forum selection, choice of law, and mandatory alternative dispute resolution. These clauses, seemingly innocuous in...

By: Jim Wagstaffe and the Wagstaffe Group This article addresses new strategies based on recent case law for a party seeking to remove a case to federal court or to avoid removal and stay in state court. The article covers topics such as forum selection...

STATE ATTORNEYS GENERAL FILE APPEAL FROM RULING INVALIDATING AFFORDABLE CARE ACT ATTORNEYS GENERAL FROM 16 STATES AND THE DISTRICT of Columbia have filed a notice of appeal with the U.S. Court of Appeals for the Fifth Circuit following a ruling by a...

By: Jim Wagstaffe and the Wagstaffe Group In federal and state court cases, the litigator’s survival kit frequently has as its principal tool motions for summary judgment. For defendants, the winning case strategy frequently involves executing...

By: Jim Wagstaffe and The Wagstaffe Group CLASS CERTIFICATION PROCEDURES ARE GOVERNED BY Rule 23(c)(1)(A) of the Federal Rules of Civil Procedure (Rule 23): “At an early practicable time after a person sues or is sued as a class representative...

By: Jim Wagstaffe and The Wagstaffe Group FOURTH CIRCUIT HOLDS THAT IN DENYING A PRELIMINARY INJUNCTION, ALL FOUR TRADITIONAL FACTORS REQUIRED FOR SUCH RELIEF NEED NOT BE CONSIDERED WHEN ONE FACTOR IS CLEARLY NOT SATISFIED THE NATIONAL LABOR RELATIONS...

By: Michael Bahler and Mike Stefanelli Deciding whether to commence a federal lawsuit requires the attorney to evaluate the potential client, analyze the applicable legal and procedural landscape, and examine the possibility of resolving the dispute...

Form provided by Jim Wagstaffe and the Wagstaffe group. This memorandum (also called a litigation hold notice or simply a litigation hold) notifies a client’s relevant employees of their duty to preserve and ensures that the client meets its legal...

By: Jim Wagstaffe and The Wagstaffe Group A PARTY SEEKING CLASS CERTIFICATION MUST SATISFY THE four requirements set forth under Fed. R. Civ. P. 23(a) (Rule 23(a)). Numerosity. A class is so large that joinder of all members is impracticable. ...

By: Jim Wagstaffe and The Wagstaffe Group This article discusses how to enforce a preliminary injunction or temporary restraining order (collectively, pretrial injunctive relief) in a federal case and covers topics such as the court's authority...

By: Jim Wagstaffe and The Wagstaffe Group This article provides an overview of the factors the U.S. Court of Appeals for the Ninth Circuit evaluates in deciding an application for a preliminary injunction and/or a temporary restraining order (TRO)....

By: Jim Wagstaffe and The Wagstaffe Group                       This article discusses how to file a motion for summary judgment in a federal case and covers...

By: Jim Wagstaffe and The Wagstaffe Group This article discusses how to submit evidence with a summary judgment motion in federal court and covers topics such as the burden to show admissibility, declarations and affidavits, the sham affidavit doctrine...

By: Jim Wagstaffe and The Wagstaffe Group This article discusses how to negotiate and finalize a settlement in a federal case and covers topics such as pre-suit settlements, settling after a complaint is filed and after entry of judgment, releases and...

Settlement Negotiations Make preparation for a settlement from the start of the case. You should generally do all of the following: ✔ Retain relevant documents. To avoid the loss of documents potentially relevant to settlement agreement negotiations...

This checklist explains how to review a settlement agreement and covers topics such as preparatory steps, communicating with adversaries, settlement terms, ambiguity, confidentiality, relevant parties, breach provisions, releases, and final approval....

This form is a settlement agreement and release that may be used in a federal district court case. It contains drafting notes and optional clauses When drafting or reviewing the agreement, try to address all the issues about the settlement terms and...

By: Jim Wagstaffe , The Wagstaffe Group COURTS HAVE INHERENT POWER TO ENFORCE SETTLEMENTS between the parties in cases pending before them. 1 However, courts have no inherent power to enforce settlement agreements after a case has been dismissed: “Enforcement...