Federal District Courts Must Stay Proceedings While An Interlocutory Appeal On Arbitrability Is Pending, United States Supreme Court Held

In a recent 5-4 decision in Coinbase, Inc. v. Bielski, the United States Supreme Court held that federal district courts must stay proceedings while interlocutory appeals of orders denying motions to compel arbitration are pending. District courts typically have discretion to stay proceedings while interlocutory appeals are pending or proceed with the aspects of the case not subject to the appeal. Since interlocutory appeals about arbitrability concern the core issue of whether “the litigation may go forward in […]

By | June 11th, 2023 ||

Court Of Appeals Clarifies Rules Regarding Service Of Process

When a client contacts me after they’ve been sued, one of the first questions I ask them is whether they have been served with a copy of the lawsuit. For a party filing suit, service of process is the first procedural hurdle in litigation.

To properly serve a defendant, a plaintiff must comply with O.C.G.A. 9-11-4, Georgia’s law governing service of process. Importantly, Georgia requires personal service on a defendant – mailing a copy of the lawsuit […]

By | February 16th, 2023 ||

New York Appellate Division Makes New Law By Granting Summary Judgment To Defendant On Comparative Fault

In a first-of-its-kind ruling, New York’s Appellate Division, First Department has granted summary judgment in favor of a defendant on the issue of a plaintiff’s comparative negligence. Lewis Brisbois’ New York office handled the matter of Leathers v. Approved Oil Co. of Brooklyn, Inc., decided on January 17, 2023, wherein the plaintiff’s decedent was struck and killed by the defendant’s fuel truck at a Bronx intersection.

The lower court denied both parties’ motions for summary […]

By | February 13th, 2023 ||