Litigation

In Eighth Circuit, Attorneys are Assumed to Receive ECF Notice
The Eighth Circuit affirmed summary judgment in American Boat Co., Inc. v. Unknown Sunken Barge, No. 08-2166 (6/4/09).   The district court granted summary judgment to the United States...

Premature Post-Judgment Motion and Notice of Appeal Became Effective When Target Orders Became Final
A father filed a post-judgment motion before the circuit court entered its judgment. This motion “quickened” and became effective when the trial court did enter judgment...

Court Orders Counsel to Send Notice of Right to Participate in Wage and Hour Lawsuit to Time Share Salespeople
On April 23, 2008 the law firms of Butler Williams & Skilling and Cupp & Cupp sent Notice to current and former salespeople of Great Eastern Resort Corporation of their right to participate in a lawsuit seeking unpaid overtime compensation and unpaid minimum wages...

Interlocutory Appeal After Final Judgment
Although appeal is generally not available absent a final judgment, Texas law allows parties to bring accelerated interlocutory appeals in several circumstances.  In most cases, the trial is stayed by statute until the interlocutory appeal is resolved,  But sometimes the trial court renders a final judgment before then...

Appellate Courts Can Take Judicial Notice of Record in Previous Consideration of Litigation
In Goetsch v. Goetsch, [Ms. 2060714] (Ala. Civ. App. Feb. 22, 2008), the Court of Civil Appeals noted the general rule regarding an appellate court's ability to take judical notice of prior appellate proceedings:  "This Court takes judicial notice or has judicial knowledge of contents of it [sic] records with reference to its previous consideration of litigation presently before it...

54(b) Certification Made After Notice of Appeal Filed is a Nullity
In Pike v. Reed, released by the Alabama Court of Civil Appeals on July 25, the court held that a Rule 54(b) certification made after a notice of appeal was filed was a nullity. The trial court entered an order on November 5, 2007 which determined liability, but did not determine the relief to which the plaintiff was entitled...