POPULAR ARTICLES ON: Litigation, Mediation & Arbitration from United States
Jeffer Mangels Butler & Mitchell LLP
Declining to exercise supplemental jurisdiction, the United States District Court Central District of California (Central District) is addressing high frequency litigants who file lawsuits in federal court.
Reed Smith
Sometimes we get an opinion back from a court, and the reasoning leaves us scratching our heads and wondering, Where did that come from? In the opinion, the court has decided the case on something that neither party ever argued.
Kane Russell Coleman Logan
This article launches a five-part series on Effective Mediation Techniques for Complex Cases. However, many of these same tactics can be deployed mediating most any type of case
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This week, we take a look at two Ninth Circuit decisions
wrestling with issues of statutory interpretation. In the
first, the Court considered the Securities Litigation Uniform
Standards Act s prohibition of state-law claims that might have
been brought as federal securities actions, in a case in which the
plaintiff actually did also bring federal securities-fraud
claims. In the second, a divided Ninth Circuit panel
addressed exactly what a defendant must know to be
convicted under the Clean Water Act for knowingly discharging a
prohibited substance into the waters of the United
Jury trials have resumed on a limited basis in Rhode Island's state courts. At this time, they are only being held in Providence County Superior Court.
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On March 1, 2021 the Second Circuit (
Carney, Koetl)
issued a decision in
Collier v. United States, affirming the
district court s denial of Keith Collier s habeas petition
to vacate his conviction and sentence for an attempted robbery of a
federal bank in the late 1990s and for using a firearm during the
commission of a crime of violence,
i.e., during the
attempted robbery. The core issue presented was whether
attempted federal bank robbery was categorically a crime of
violence as that phrase is used in the relevant federal
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On February 1, 2021, in an unpublished opinion resolving a Fair
Labor Standards Act (FLSA) attorney s fees dispute, the
Eleventh Circuit Court of Appeals, in
Batista v. South Florida Womans Health
Associates, Inc., struck another blow against unreasonable
plaintiffs counsel seeking reasonable fees. Mitzy
Batista appealed the district court s finding that it would be
unreasonable to award her counsel, Elliot Kozolchyk, any
attorney s fees given his conduct during litigation filed under
the FLSA. Ultimately, the Eleventh Circuit remanded the case to the
district court to make necessary findings of fact and to issue its