Schlam Stone & Dolan LLP’s Post

Check out our firm's 2024 Supreme Court Series for the latest resources from our attorneys discussing how recent U.S. Supreme Court decisions may impact businesses and individuals.

And more articles to come — our newest resource for US Supreme Court opinions in the 2024 term.  Stay tuned for more insights on several 2024 opinions. 

Bourgon Reynolds's recent commentary in Talk Business & Politics digs into the Eighth Circuit Court of Appeals' recent revision to the applicable analysis regarding when a party waives its right to arbitration. Read on to learn more about the steps you can take to preserve the right to arbitration. https://lnkd.in/d24GPVcC

If a client has approached you and discussed a case, you gave him a date on which he is going to visit your good office with documents needed to be presented before the court along with the case file. But you don't know much about it, what is the view of the court in such matters. Then what to do ? Here's the solution. ✨ First find out the nature of the case. ✨ Find out the relevant roster. ✨ Sit in the courtroom and hear the arguments, there are ample chances that you will get to hear a similar cases or you will definitely come to know about the views of the court. By doing so, you will know the view of the court in such cases and will be in better footings to advise your client. There is a saying "If you want to know the law, sit in the library, but if you want to know the judge, sit in the courtroom."

Do you need help with an eminent domain matter? Alan Nochumson and Alex Goldberg recently wrote the article "Pa. Supreme Court Denies Taking Due to a Lack of a Public Purpose" for The Legal Intelligencer. The article discusses the recent decision, the Pennsylvania Supreme Court in Wolfe v. Reading Blue Mountain, which affirmed the trial court's ruling that a condemnation was unlawful because it was intended to benefit a single private business rather than the public as a whole. To learn more about the implications of this ruling, please click on the following link. https://lnkd.in/eVQwKsks 

...𝗰𝗼𝗻𝘁𝗲𝗺𝗽𝗹𝗮𝘁𝗲𝘀 𝗼𝗳 𝗮𝗹𝗹𝗼𝘄𝗶𝗻𝗴 𝘁𝗵𝗲 𝗽𝗮𝗿𝘁𝗶𝗲𝘀 𝗲𝗾𝘂𝗮𝗹 𝗼𝗽𝗽𝗼𝗿𝘁𝘂𝗻𝗶𝘁𝗶𝗲𝘀 𝘁𝗼 𝗽𝗿𝗲𝘀𝗲𝗻𝘁...; Where a trial has been conducted in which the authority of the court has fairly been exercised in consistence with the fundamental principles of justice embraced within the conception of the process of law, then there is said to be a fair hearing. This contemplates of allowing the parties equal opportunities to present evidence, to cross-examine witnesses & for the trial court to make findings which are supported by evidence. 𝗘𝗯𝗼𝗻𝗴'𝘀 𝗖𝗵𝗮𝗺𝗯𝗲𝗿𝘀 - 𝟭𝟬 𝗬𝗲𝗮𝗿𝘀 𝗔𝗻𝗻𝗶𝘃𝗲𝗿𝘀𝗮𝗿𝘆!

First, learn how to stand in Court, how to address the issues, then learn the Court Procedures and rules of court and these are two very different things, one you'll find in C.P.C. and Cr.P.C. the other you'll find in General rules. Then understand the substantive parts of law that you're about to address with the instance in your current cases and finally if there's a connecting case that's been decided on a similar premise. Rest everything is just details in the paradigm.

⚖ The DIFC Courts Annual Report showcases how the region continues to lead the way in resolving #digitalasset #disputes. Some key highlights : 💡 Over three days in January 2024, the DIFC Court heard its first #cryptocurrency dispute appeal, the first in the new Court of Appeal building, and one of the few reported such cases anywhere in the world. Charles Russell Speechlys Middle East acts for the claimants in that dispute. Judgment is expected later this year. 💡 The Courts issued a Practical Guidance Note covering the use of large language models and generative #artificialintelligence software in proceedings. The DIFC Courts have led the way in permitting #AI tools in dispute resolution, provided that users verify the accuracy and reliability of AI-generated content; disclose their intention to use AI at an early stage in proceedings; select the most appropriate tool for their purposes; educate their clients; and protect client confidentiality in compliance with their legal obligations. 💡 The DIFC Court formed a partnership agreement with the RAK Digital Assets Oasis to improve access to the Courts and particularly their digital assets disputes offering. For more on the volume and value of disputes being handled by the DIFC Courts, please see Peter Smith's pithy summary (and link to the report itself) below.

Subject matter jurisdiction had a banner year in 2023 at the U.S. Court of Appeals for the Federal Circuit. Shane Hannon discusses three recent cases out of the Federal Circuit, explains lower courts’ adjustments to the implications of these decisions, and suggests ways contractors filing at the Court of Federal Claims can utilize procedural rules to advance their claims in this article published in The Procurement Lawyer, an American Bar Association publication. Learn more: bit.ly/4c8LXAg #governmentcontracts #FederalCircuit

Complexities can arise in disputes over wills and estate management, particularly when questions of testamentary capacity and undue influence are at the heart of the proceedings. In reviewing the recent Supreme Court case of Green v Green [2024] NSWSC 1442 below, we will explore the various legal principles addressed in this case, the importance of expert evidence, and lessons for managing similar disputes. Read the full blog here - https://lnkd.in/g4jWsCut