Greenberg Traurig, LLP’s Post

SPOTLIGHT on... High Court: District Court scale fees properly imposed in Circuit Court personal injuries proceedings. The High Court has confirmed that the imposition of District Court scale fees in Circuit Court personal injuries proceedings did not fall foul of the prohibition on scale fees in s.17(4) of the Courts Act 1981. Delivering judgment for the High Court, Mr Justice Anthony Barr considered: “At the end of the day, reality has to enter the equation. To proceed in a court which was higher than the one where the action should have been brought; where it would have been dealt with faster and cheaper; and then to present a bill for legal fees that was four times the amount of the damages recovered, was unrealistic. The amount of legal costs recoverable from a defendant, cannot in justice, be out of all proportion to the amount of damages actually obtained.” Nolan v. The County Registrar for the County of Waterford & Ors [2024] IEHC 253 https://lnkd.in/gRHcV59g #costs #caselaw #highcourt #districtcourt #personalinjuryclaims https://lnkd.in/g2ixPWip

TIDBIT TUESDAY: Per the updated notice on the Supreme Court website: Supreme Court (bccourts.ca), effective January 29, the ability to submit an electronic applications scheduled for 30 minutes or less in Associate Judge chambers is expanding to the Vancouver Law Courts! https://lnkd.in/gGWtyiF7 Tutorial videos have been created describing the project, how to prepare the electronic application and how to submit via Court Services Online. #bccourts #electronicrecords #bccourtupdate

Knowing more about tribal courts is useful for all Wisconsin attorneys concerned about access to justice, conflict resolution, and jurisdictional allocation issues. A family court judge for the Oneida Judiciary describes the Oneida Nation's tribal court procedures. #wisconsinlawyer #wisconsinlaw #indianlaw #wicourts #tribalcourt

Dallas Bar Association At the Appellate Section meeting today, November 16, 2023, Rich Phillips, Holland & Knight,(pictured herewith) gave a superb talk on Recent Changes to Permissive Interlocutory Appeals in Texas, and all the complexities arising out of changes in the statutes and the rules covering such proceedings. Enlightening, but it filled me with sadness, bordering perhaps on a sort of despair. In the over 50 years I have been at the bar as a trial attorney, I have seen a fairly simple and straightforward way of resolving differences complexify itself to the border of death. The goal in creating a system of permissive interlocutory appeals is meritorious, getting problems of unsettled law out of the way swiftly and thereby smoothing the path to a trial on the merits. It sounds good on paper. But the system is so overburdened – Dallas County District Courts getting over 100 new cases a month, the appellate courts swamped and understaffed – that the desired result recedes into a cluttered distance. More laws, more rules, do not necessarily lead to more justice. They just lead to more laws and more rules. #appellatelaw #procedures #justice #friction #judicialsystem

In a recent case, the High Court ruled that using District Court scale fees in Circuit Court personal injury cases does not violate section 17(4) of the Courts Act 1981. In this article Clíona O’Brien, Solicitor gives an overview of the judgement which highlights the need for cost predictability and appropriate court jurisdiction. Read more here: https://lnkd.in/dSvDuAxA #LegalUpdate #HighCourtRuling #LegalCosts #PersonalInjuryLaw

This is a good time for lawyers to be talking to their clients (or, indeed, clients talking to their lawyers!) about the use of mediation to resolve their disputes. It is not only cheaper but now significantly quicker than using the county court in some areas. https://lnkd.in/e_K7tkkS

Can you afford not to understand the implications of Artificial Intelligence? Book early to hear Tim Wallis on AI in Dispute Resolution. In Tim's words: "Lawyers used to say to me: 'My current understanding of litigation and mediation will see me out.' "I used to say: 'You are probably right.' "I now say: 'No, it won’t – unless you retire tomorrow. AI has changed the dynamics.'” https://lnkd.in/eKUV7DHN #mediation #mediate #litigation #disputeresolution

Procedures and processes with the Family Courts system are often unfamiliar to many who find themselves there. Here, we look to explain in plain English some of the more common processes experienced and, in particular, “directions hearings” and “mentions”. https://bit.ly/3vheG14 #familylawyers #directionshearing #courtmentions #familycourt

In the United States legal system, the federal structure refers to the hierarchy of courts that exist at both the federal and state levels. At the federal level, there are two main types of courts: (1) District courts (2) Circuit courts. The circuit courts are also known as appellate courts because they hear appeals from the decisions of the district courts. Here's a breakdown of the federal court structure: (1) District Courts: These are the trial courts at the federal level. They are where most federal cases begin, including civil and criminal cases. Each state has at least one district court, and larger states may have multiple districts. (2) Circuit Courts: These courts are one level above the district courts in the federal hierarchy. They are appellate courts, meaning they review decisions made by the district courts. There are 13 circuit courts in the United States, each covering a specific geographic region known as a circuit. For example, the Ninth Circuit Court of Appeals covers several western states like Alaska, Arizona, California, Hawaii, Idaho, Montana, Nevada, Oregon, and Washington.

🚨 New Third Circuit Court Decision – Fourth Amendment Rights 🚨 On February 2, 2024, the Third Circuit Court of Appeals delivered a published decision in United States v. Gilroy St. Patrick Stewart, affirming the denial of Stewart's motion to suppress evidence obtained during a traffic stop. This decision emphasizes the court's stance on the extension of traffic stops under the Fourth Amendment, showcasing the importance of cumulative observations by law enforcement to establish reasonable suspicion. In this case, the court considered various factors, including the defendant's evasive answers, the car's tinted windows, the fact that the car was registered to a third party, Stewart's criminal history, and the route's known use for drug trafficking, as sufficient to justify the stop's extension. This ruling reinforces the legal framework established by Rodriguez v. United States, highlighting the balance between individual rights and public safety. Stay informed with regular legal updates from our team of former prosecutors at the Bianchi Law Group. Follow us for insightful commentary and legal analysis on criminal defense, domestic violence, and municipal court cases. Need legal assistance or looking to refer a case? 👨⚖️ Need legal assistance or looking to refer a case? 📲 Don't hesitate to call us 24/7 at (862) 315-7929. #FormerProsecutors #CriminalDefense #DomesticViolence #DWI #DUI #NJ #NewJersey No aspect of this advertisement has been approved by the Supreme Court of #NewJersey  🛡️ TEAM OF FORMER PROSECUTORS 🛡️ Robert (Bob) Bianchi, Esq. David Bruno, Esq. Danielle Esposito Christopher A. Eaton, Esq. Christina Hall Paul A. Di Lella Maura Lynch Robert Esnes Alessandro Amato