Changing plaintiffs’ standard gives defendants cheap judgments: Unintended consequences?

Feb 24, 2016 By: Dennis Wall

Under changes made by the Roberts Court, if the judge does not think that a complaint is “plausible,” then it isn’t. The complaint will be dismissed.

Concluding Thoughts

Dec 16, 2015 By: Dennis Wall

Although, the panel decision in the Rothstein appeal presents many issues, the Second Circuit tried its best to decide a narrow issue.

The Proof is Still Not in the Rothstein Record.

Dec 8, 2015 By: Dennis Wall

None of the exhibits is authenticated by anyone’s testimony. None was even referenced in anyone’s testimony. Whether the documents were self-authenticating and admissible does not appear to have been raised or argued.

The Proof Is Not in the Record

Dec 2, 2015 By: Dennis Wall

In the final installment the Rothstein record reveals beyond any reasonable doubt that the trial judge, however, almost certainly did examine the record before she ruled.

Filed Rate Doctrine: Judge-Made Immunity

Nov 27, 2015 By: Dennis Wall

The appellate panel in Rothstein concentrated on the twin “principles” of nonjusticiability and nondiscrimination.

Interlocutory Orders Are Appealable, Not Issues

Nov 25, 2015 By: Dennis Wall

The Second Circuit panel in Rothstein construed the District Court’s certification of appealability of its dismissal order as an appeal of one issue. This appears to be a misconception both of the law and of the posture of this case on appeal.

Filed Rate Doctrine Imported from Utilities Regulation to Insurance Law

Nov 16, 2015 By: Dennis Wall

(Reprinted with permission from 37 Insurance Litigation Reporter 435 (October 6, 2015). © 2015 Thomson Reuters. ) On interlocutory appeal of an

The presumption of openness as practiced by judges and parties (Part 2 of 2)

Feb 19, 2015 By: Dennis Wall

In practice, U.S. District Judges and U.S. Magistrate Judges do not always or often require the parties to show why the documents deserve to be sealed

The presumption of openness as practiced by judges and parties

Feb 12, 2015 By: Dennis Wall

In practice, U.S. District Judges and U.S. Magistrate Judges do not always or often require the parties to show why the documents deserve to be sealed

The default presumption of public access to court records is rebuttable (Part 2 of 2)

Feb 5, 2015 By: Dennis Wall

The parties must show why the things they want to keep out of the public eye should be sealed

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