To function effectively, our litigation system requires cooperation, communication, and good faith among parties and counsel. When those do not occur, the Federal Rules of Civil Procedure give the courts broad discretion to impose sanctions under Rule 37. What sanctions are appropriate when an attorney tries to comply with his […]
Judge Briccetti Grants Plaintiff’s Motion to Dismiss Defendants’ Counterclaims in FLSA Case and Directs that Defendants Show Cause Why Sanctions Should Not be Imposed In Yong Biao Ji v. Aily Foot Relax Station, Inc., No. 19-cv-11881 (VSB), 2021 WL 431146 (S.D.N.Y. Feb. 8, 2021), the plaintiff brought a class and […]
In what began as a tweet and later developed into a law review article, Jack Metzler, a government appellate lawyer, proposed a new parenthetical to avoid the Bluebook’s complexity when quoting “language from an opinion that includes a quotation from another opinion.” Jack Metzler, Cleaning Up Quotations, 18 J. App. […]
New York General Obligations Law § 15-108(a) (GOL 15-108) applies when a plaintiff alleges multiple defendants are liable for tortious conduct for the same injury, but one or more defendants settle, and the trial proceeds against the remaining defendants. GOL 15-108 dictates that the plaintiff’s total recovery at trial is […]
Ask a litigator if a case can be removed to federal court and he/she will likely examine whether there is diversity jurisdiction, meaning are the parties to the case from different states and is the amount in controversy greater than $75,000? But there is another way to get a case […]