Respondents Seth Baker et al. allege that a design defect in Petitioner Microsoft Corporation’s Xbox 360 game scratched the disks required for playing the console. See Baker v. Microsoft Corp., 797 F.3d 607, 609 (Cir. 2015). In 2007, multiple Xbox 360...
civil procedure
(Wex page)
A motion for directed verdict is a motion by a party asking the trial judge to issue a ruling after determining that there is no legally sufficient evidentiary basis for a reasonable jury to reach a different conclusion. The motion is made by...
(LIIBULLETIN preview)
Respondent Troy Lambert (“Lambert”) brought a consumer class action in federal district court against Petitioner Nutraceutical Corporation (“Nutraceutical”), alleging that their dietary supplement product was illegally misbranded and violated numerous...
(Wex page)
A permissive counterclaim is a type of legal claim that a defendant in a lawsuit may choose to bring against the plaintiff. This rule is outlined in Federal Rule of Civil Procedure Rule 13(b). It applies when the defendant’s claim does not...
(Wex page)
Personal jurisdiction refers to a court’s authority to adjudicate the rights and liability of the defendant. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts with the...
(Wex page)
Petition for certiorari refers to a petition that asks an appellate court to grant a writ of certiorari. This type of petition usually argues that a lower court has incorrectly decided an important question of law, and that the mistake should...
(LIIBULLETIN preview)
In 1972, Ferdinand Marcos, then President of the Republic of the Philippines ("Philippines"), established Arelma, S.A., a Panamanian corporation, to hold $2 million of his assets. Merrill Lynch, Pierce, Fenner & Smith v. Arelma, Inc., 2004 WL...
(Wex page)
Pleading is one of the first stages of a lawsuit. In a pleading, the parties formally submit their claims and the defenses against the opposition’s claims. The parties can make specific pleas, such as a guilty plea or a not guilty plea....
(Wex page)
Res judicata is a principle most used in civil litigation. Directly translated, res judicata means “a matter judged.” Specifically, the res judicata principle indicates that if there is a final judgment based on merits, then another plaintiff...
(Federal Rules of Civil Procedure)
(a) Amendments Before Trial.
(1) Amending as a Matter of Course. A party may amend its pleading once as a matter of course no later than:
(A) 21 days after...