Blog Archives

Discovery deposition of expert witnesses retained by the opponent

Posted in *Published case, Discovery, Expert Testimony, Litigation

A proof hearing is a search for the truth

Posted in *All Posts, Default Judgment, Litigation

A motion to set aside a default judgment will be granted if the failure to appear or defend was excusable under the circumstances and there is a showing of a meritorious defense

Posted in *All Posts, Default Judgment, Litigation, Motions, Relief from judgment

A party may obtain a trial de novo following nonbinding arbitration if, within 30 days after filing of the arbitration award, a party thereto files with the civil division manager and serves on all other parties a notice of rejection of the award and demand for a trial de novo

Posted in *All Posts, Alternative Dispute Resolution, Arbitration, Litigation

Unclean hands may exist when a party breaches its duty by engaging in acts of bad faith, fraud, or unconscionable conduct in commercial transactions

Posted in *All Posts, Landlord-Tenant, Unclean Hands

Waiver is a voluntary act, and implies an election by the party to dispense with something of value, or to forego some advantage which he might at his option have demanded and insisted on

Posted in *All Posts, Waiver

Laches is an equitable doctrine that a party can raise as an affirmative defense, and that precludes relief when there exists an unexplainable and inexcusable delay in exercising a right, which results in prejudice to another party

Posted in *All Posts, Laches

If necessary, the court of equity has the power appoint an attorney-in-fact to execute settlement documents on behalf of one of the settling parties

Posted in *All Posts, Litigation, Settlement

A motion for reconsideration is an improper application when a party seeks to vacate a settlement

Posted in *All Posts, Litigation, Motions, Reconsideration, Settlement

Foreign judgments

Posted in *All Posts, Collateral Estoppel, Comity, Law of the case, Litigation, Uniform Child Custody Jurisdiction Act

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