Federal Rule of Civil Procedure 54(a) allows a claim for attorney’s fees and other nontaxable costs to be made by motion in most cases. Such fees may be recoverable by statute or pursuant to a contract between the parties. In some cases, attorney’s fees are recoverable as a sanction for litigation misconduct. Consequently, fee motions … Continue Reading
Coverage of the Court in the news and blogs is light with the Court on its summer hiatus between terms. Bethany Krajelis of The Madison St. Clair Record reported on Republican leaders’ petition for reconsideration of the Court’s order dismissing their constitutional challenge to the redistricting maps drawn by the Legislature. By Court rule, such challenges must … Continue Reading
In the closing days of its term, the Supreme Court announced that it had granted certiorari in Comcast Corporation v. Behrend, setting up what is certain to be a major battle over expert testimony and class certification hearings. Behrend arises from what appears to be the largest certified class in history – more than two … Continue Reading
The Supreme Court’s opinion in Buckman Co. v. Plaintiffs’ Legal Committee, 531 U.S. 341, 349-50 (2001), recognizes that any attempt by a plaintiff to enforce the FDCA is preempted by federal law, because Congress entrusted all such enforcement efforts to the sole discretion of the FDA. In 2010, the Ninth Circuit’s PhotoMedex opinion held that … Continue Reading
As the summer got started, and his first year on the bench nearly completed, Justice Liu produced four unanimous opinions on wide ranging issues of California law, including arbitration, preemption work product and environmental regulations. This makes a total of six opinions by Justice Liu in civil cases. The other two, Dicon Fiberoptics, Inc. (re … Continue Reading
Today we begin another new feature in our expanding coverage of the Illinois Supreme Court – a regular summary of the news and blog posts about the Court. We’ll run the feature bi-weekly while the Court is in its summer break, and more regularly when the Court resumes its regular terms. Earlier this month, the Court … Continue Reading
