Florida Rule Changes Bring Civil Practice Into Closer Alignment with Federal Practice
On May 23, 2024, on its own motion, the Florida Supreme Court modified Florida Rule of Civil Procedure...
Is plagiarism in the practice of law illegal?
While frowned upon in academia, plagiarism in the practice of law has often been considered the sincerest form...
SCOTUS Strikes Down Ban on Bump Stocks
In a 6-3 decision split along ideological lines, in Garland v. Cargill, the Supreme Court of the United...
SCOTUS Declines to Refund Bankruptcy Fees
In a 6-3 opinion issued on June 14, 2024, in Office of the United States Trustee v. John...
Southern District of Florida Affirms Trustee’s Sale of State Law Avoidance Claims
There is a split among federal courts as to whether a Chapter 7 Trustee may sell avoidance claims...
What is the pleading standard for affirmative defenses in federal court?
As discussed in in my Best Practices for Pleading Complaints post, Rule 8(a) of the Federal Rules of...
Are Electronic Signatures Valid and Binding?
Since the 2000s, the use of electronic signatures has become widespread globally and has become commonplace through secure...
3 Judgments Have Been Entered Against Trump – What Happens Now?
Judgments totaling over $500 million have been entered against former president Donald Trump (and certain other defendants in...
SCOTUS To Decide If Bump Stocks Are Machine Guns
On February 28, 2024, the Supreme Court will hear oral argument in United States v. Cargill on the...
Trump Civil Trial: Defendants Lose Bigly
In a 92-page decision and order entered on February 16, 2024, New York Supreme Court Judge Arthur F....
NY Lawyer Faces Disciple for ChatGPT Failure
In an order entered on January 30, 2023 by the U.S. Circuit Court of Appeals, the Court referred...
What is the “spoliation” of evidence?
During the second E. Jean Carroll trial, former President Donald Trump’s lead counsel, Alina Habba, twice moved for...