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2012


Changes to Removal and Remand Procedures for Civil Actions

Changes to Removal and Remand Procedures for Civil Actions

January 6, 2012

This article, by shareholders Dave Walz and Penelope Dixon, provides an overview of the changes to civil removal and remand procedures in the Federal Courts Jurisdiction and Venue Clarification Act of 2011 ("FCJVCA").

Budgets

Budgets

January 4, 2012

Equity-Based Awards and Equity-Based Compensation

Equity-Based Awards and Equity-Based Compensation

January 4, 2012

This summary, prepared by Carlton Fields shareholder Larry Gold, serves as a basic guide to equity plans and deferred compensation plans for privately-owned businesses.

Exemplar Motion in Limine

Exemplar Motion in Limine

January 3, 2012

This motion, from a recent federal criminal anti-trust case, is one example of how we can attack the Government’s evidence in a pre-trial motion; it also serves to educate the judge about factual and legal flaws in the Government’s theory of the case.

Is There Coverage When an Insured Was Aware of a Title Defect?

Is There Coverage When an Insured Was Aware of a Title Defect?

January 3, 2012

This article, by shareholder Mark A. Brown, discusses the varied interpretations of insurance policy exclusion 3(a).

The CAFA Year in (Appellate) Review

The CAFA Year in (Appellate) Review

January 1, 2012

Eight circuit courts of appeals rendered 19 notable decisions addressing various issues under the Class Action Fairness Act (CAFA) in 2011, with the Seventh Circuit leading the way with five such decisions. Some show that forum shopping for class actions is alive and well. Others favor CAFA removal unless the plaintiff can show that it is “impossible” for the claim to exceed the jurisdictional amount-in-controversy threshold, while still others favored remands because removal statutes should be “strictly construed.” One decision relies upon Mark Twain for a grammar principle. There is only one dissenting opinion, but it is a very good one, citing the oft-used “duck test.”

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