PRACTICE PAPERS
Civil Practice
New Incentive for Reasonableness in Settlement Negotiations
Thursday, November 5, 2009
A recent court ruling held that a court may consider evidence of settlement negotiations between the parties in making a determination on an application for counsel fees.
SPONSOR SPOTLIGHT
Janicky v. Point Bay Fuel Inc.
Wednesday, October 21, 2009
When the parties consent to entry of a final judgment memorializing a settlement disposing of all claims in an action, a party cannot appeal from an interlocutory order that no longer has any effect on any party's pecuniary interests or property rights.
Civil DWI Claims: Overlooked Causes of Action
Wednesday, October 21, 2009
While most fingers point at the driver, other parties such as bartenders, social hosts or friends may also be liable to the injured party. Many lawyers fail to appreciate or consider all avenues of recovery, and as a result potential claims are lost.
Schindler Elevator Corp. v. Otis Elevator Co.
Wednesday, September 30, 2009
The party seeking to take a deposition of a Swiss corporate defendant is not required on these facts to comply with the Hague Convention; it may follow the Federal Rules of Civil Procedure.
United States v. Harris
Wednesday, September 30, 2009
An order of civil contempt will only become punitive if a contemnor is unable to comply with the order, or if the circumstances indicate that a court is maintaining the contempt for an impermissible punitive purpose.
Uses of Laches in Cases With a Statute of Limitations
Wednesday, September 23, 2009
A recent court decision instructed the trial court to consider laches in a breach of contract case, may lead to increased application of this equitable defense, even for claims covered by a statute of limitations.
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