Taylor Brett | Adams and Reese Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them before granting a motion for summary judgment. Certain of these provisions concern the way that parties… Continue reading Cross Your T’s and Dot Your I’s When Moving for or Opposing a Summary Judgment
Category: Construction Law
Know Your Judge: Considerations For When To File A Spoliation Motion
Kathryn C. Cole | GreenbergTraurig Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion. District Judge Iain Johnston’s1 decision in Groves, Inc. v R.C. Bremer Marketing Associates, et al.… Continue reading Know Your Judge: Considerations For When To File A Spoliation Motion
Account for Everyone Involved in Remote Depositions
Esquire Deposition Solutions Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern practice, it most likely would not, due to the increasing prevalence of remote deposition protocols in pretrial discovery… Continue reading Account for Everyone Involved in Remote Depositions
Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
Michael O’Donnell, Matthews A. Florez, Kori Pruett and Shelley Wu | Riker Danzig What You Need to Know Introduction In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to… Continue reading Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
When Mere Objections Are Not Enough
Esquire Deposition Solutions It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging pretrial inquiries that should, under normal circumstances, continue to their conclusion regardless of arguable legal errors that might have… Continue reading When Mere Objections Are Not Enough