Lee Dunham—Senior Attorney
     On February 5, 2026, Judge Failla of the United States District Court for the Southern District of New York issued an Opinion and Order in Flycatcher Corp. Ltd. v. Affable Avenue LLC, 24 Civ. 9429 (KPF), 2026 U.S. Dist. LEXIS 23980 (S.D.N.Y. Feb. 5, 2026), imposing severe Rule…

Trish Sifka—Senior Attorney
          It should be no surprise that a federal appellate court generally does not have jurisdiction to review immediate appeals of denials of motions for summary judgment. See Cohen v. Beneficial Indus. Loan Corp., 337 U.S. 541, 546, 69 S. Ct. 1221, 93 L. Ed. 1528 (1949); Iko v. Shreve…

Lawletter Vol  48 No. 3
The Utility of a Declaratory Judgment Action
Paul Ferrer—Senior Attorney
          Most states, as well as the federal government, have enacted some form of declaratory judgment act, which authorizes courts to declare the rights and other legal relations among parties even though traditional remedies for…

     Amy Gore, Senior Attorney, National Legal Research Group, Inc.
    Like so many others in today’s society, lawyers are dependent upon electronic forms of communication, including email. The use of electronic communications has raised a plethora of ethical concerns for practitioners. Now, in addition to the previous ethical concerns, the…

Paul Ferrer, Senior Attorney, National Legal Research Group, Inc.
        Rule 60(b) of the Federal Rules of Civil Procedure authorizes a court to relieve a party from a final judgment, order, or proceeding for various reasons, including “mistake, inadvertence, surprise, or excusable neglect.” Fed. R. Civ. P. 60(b)(1). The U.S. Circuit Courts…

Paul Ferrer—Senior Attorney, National Legal Research Group
            A question that has long vexed both litigants and courts alike is what constitutes a “final decision” triggering the right to file an appeal under 28 U.S.C. § 1291, which confers jurisdiction on the federal circuit courts of appeals over “appeals from all final decisions of…

Amy Gore—Senior Attorney, National Legal Research Group
            As the world’s efforts to combat COVID-19 continue, most practitioners have adapted their practice by virtual hearings and meetings. Virtual law practice was clearly contemplated before the pandemic, but health concerns and court closures have dragged many practitioners further into the future than may have been…