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Walker; The elements of a Rule 60(d) cause of action include (1) a judgment that, in equity and good conscience, ought not be enforced; (2) a good defense to the cause of action on which the judgment is founded; (3) fraud, accident. Hallock; Collateral order requirements (1) conclusively determine the disputed question, (2) resolve an important issue completely separate from the merits of the action, and (3) be effectively unreviewable on appeal; collateral order doctrine. Sturgell; The rule against nonparty preclusion is subject only to certain recognized exceptions: (1) a nonparty may agree to be bound by a judgment, (2) certain substantive relationships..; virtual representation; virtual representation doctrin National Equipment Rental, Ltd. Szukhent; a contractually designated agent's prompt acceptance and transmittal to named defendants of a summons and complaint, pursuant to authorization contained in the contract, constitutes adequate service. Praxair, Inc; Under Federal Rule of Procedure 15(c), an amendment that changes the party against whom a claim is asserted relates back to the date of the original pleading under certain limited conditions such as related companies. Kroger; plaintiff in diversity case cannot rely on ancillary jurisdiction to permit amendment to complaint to bring claim against non-diverse third-party defendant; complete diversity; diversity jurisdiction. Russell; Time limits for filing a notice of appeal are jurisdictional in nature, and the untimely filing of notice, even if filed in reliance on a district court order, deprives the court of appeals of jurisdiction; equitable; habeas corpus. American Brands, Inc; An appeal as of right may be taken from interlocutory orders of federal district courts granting, continuing, modifying, refusing, or dissolving injunction; consent decree; interlocutory. TREX, Inc; Interlocutory appeals are within court's discretion, and will be granted only when court certifies that each ruling presented for appeal involves a controlling question of law as to which there is substantial difference of opinion. ACLU; statute that suppresses a substantial amount of protected speech is unconstitutional if less restrictive alternatives exist to further the governmental objective; content-based restriction; preliminary injunction. Du Pont Advance Fiber Sys; Under Federal Rule of Civil Procedure 11, a complaint must not be presented for an improper purpose, such as to harass or to cause unnecessary delay or cost of litigation; contain claims warranted by existing law. Paragon Group, Inc; A defendant's claims against a plaintiff must be asserted as a counterclaim if arise out of the transaction or occurrence and do not require the presence of third parties over whom the court lacks jurisdiction. Blue Cross and Blue Shield of Kansas, Inc; The burden of proving that a challenged discovery request is relevant is on the party who makes the request, while proving that the request is unduly burdensome rests with the party making the objection. Target Corp; Spoliation is the destruction or material alteration of evidence or the failure to preserve property for another\'s use as evidence in pending or reasonably foreseeable litigation; mitigation-of-damages doctrine. West LB AG; A court may shift the cost of restoring and searching for relevant information in an electronic form when the party who converts the data into an inaccessible format should have reasonably anticipated a need to produce that data. Harris; When opposing parties tell two different stories, and one is blatantly contradicted by the record so that no reasonable jury could believe it, a court should not adopt that version for purposes of ruling on a motion for summary judgment. PV Holding Corp; When determining a party's domicile, the controlling factors are the party's actual place of residence and the real intention of remaining there as disclosed by the party's entire course of conduct. Derderian; The Multiparty, Multiforum Trial Jurisdiction Act (MMTJA) requires federal courts to abstain when substantial majorities of all plaintiffs and of the principal defendants are residents of a single state. Tenet Healthsystem Memorial Medical Center, Inc; The Class Action Fairness Act (CAFA) creates a narrow exception to federal jurisdiction and allows the discretionary remand of purely local actions. Professional ethics; ethics lawyer; lawyer ethics; legal ethics issues; attorney substance abuse and drug addiction; attorney ethics violation; ABA Model Rules of Professional Conduct; lawyer legal ethics; Mandatory Continuing Legal Education.

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