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I Object! A Blog on Preservation of Error

November 2015

November 20, 2015 3:24 PM | Posted by Dean A. Morande | Permalink
Joining in a co-party’s brief or motion can be cost effective, but the careful litigator should make sure to explain to the court how the other party’s arguments apply to your client. Failure to do so may result in waiver, as a recent federal circuit court decision makes clear. read more
November 6, 2015 10:13 AM | Posted by Joseph H. Lang, Jr. | Permalink
May you preserve an objection to personal jurisdiction by including a general denial to the complaint’s allegation in your answer and then moving to dismiss on personal jurisdiction grounds less than three (3) months later? According to the court’s analysis in Fabara v. GoFit, LLC, 308 F.R.D. 380 (D.N.M. 2015), the answer is yes. But the district court observed that a defendant may waive the defense by waiting much longer than that or by actively participating in the case through filing counterclaims or third-party claims, participating in discovery, participating in hearings, or filing dispositive motions on the merits. read more