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...
civil procedure
(Wex page)
A permissive counterclaim is a claim brought by a defendant against a plaintiff in the situation where the defendant's claim does not arise from the same transaction or occurrence as the plaintiff's claim. Therefore, if the defendant does not raise the...
(Wex page)
Overview
Personal jurisdiction refers to the power that a court has to make a decision regarding the party being sued in a case. Before a court can exercise power over a party, the U.S. Constitution requires that the party has certain minimum contacts...
(Wex page)
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 be fixed to prevent confusion in similar...
(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 the beginning stage of a lawsuit in which parties formally submit their claims and defenses.
OverviewThe plaintiff submits a complaint stating the cause of action. The defendant submits an answer stating his or her defenses...
(Wex page)
Res judicata translates to "a matter judged."
OverviewGenerally, res judicata is the principle that a cause of action may not be relitigated once it has been judged on the merits. "Finality" is the term which refers to when a court renders a...
(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 within:
(A) 21 days after serving it...
(Federal Rules of Civil Procedure)
(a) Required Disclosures.
(1) Initial Disclosure.
(A) In General. Except as exempted by Rule 26(a)(1)(B) or as otherwise stipulated or ordered by the court, a...
(Federal Rules of Civil Procedure)
(a) When a Deposition May Be Taken.
(1) Without Leave. A party may, by oral questions, depose any person, including a party, without leave of court except as provided in Rule 30(a)(2). The...