Category: Litigation

Federal question jurisdiction exists only when a federal question is presented on the face of the plaintiffs properly pleaded complaint

Posted in *All Posts, *Federal Court, Litigation, Removal

Collateral estoppel may apply even if the prior proceeding was an arbitration hearing

Posted in *All Posts, Collateral Estoppel, Litigation

Counsel’s presentation of facts which are neither of record, judicially noticeable, nor stipulated, by way of statements in a supporting brief and oral argument do not constitute cognizable facts

Posted in *All Posts, Authentication, Evidence, Litigation

An expert must give the why and wherefore supporting his or her opinions

Posted in *All Posts, Evidence, Expert Testimony, Litigation, Net Opinion Rule

It is the obligation of a trial court to state its factual findings and then connect those findings to the legal conclusions in support of the court’s ruling

Posted in *All Posts, Litigation, Motions

A motion for voluntary dismissal

Posted in *All Posts, *Federal Court, Litigation, Motions, Voluntary Dismissal

The decision to deny a motion for reconsideration falls within the sound discretion of the trial judge

Posted in *All Posts, Litigation, Motions, Reconsideration

The court has general discretion to impose discovery sanctions that are just and reasonable to make the non-delinquent party whole

Posted in *All Posts, Discovery, Litigation, Sanctions, Sanctions

The child support lien

Posted in *All Posts, Child-support, Liens, Litigation

Proper venue in a civil action

Posted in *All Posts, *Published case, Litigation, Venue