By: Jim Wagstaffe And The Wagstaffe Group The article discusses the various types of alternative dispute resolution (ADR) for a federal case and covers topics such as the courts’ requirement to develop ADR procedures and their power to require parties to...
The case of President Trump and Stormy Daniels actually raises some interesting federal civil procedure. In the following video, noted expert Jim Wagstaffe of The Wagstaffe Group speaks about the high profile case and contends that the lawyers for both President...
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 Texas federal...
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 the summary...
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 the summary...
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 OF THE...
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 describes...
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 their inception...
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 clauses...