To bring a case in federal court, Article III of the United States Constitution requires a plaintiff to demonstrate standing to sue by alleging three elements: (1) a concrete and particularized injury; (2) that is traceable to the defendant’s allegedly unlawful actions; and (3) that the injury can be redressed […]
When a civil lawsuit has been fully litigated, the doctrine of res judicata operates to stop the losing party from (1) relitigating the same claims and (2) bringing new claims based on the same underlying facts. But does it apply when there are concurrent litigations across jurisdictions? In Beijing Neu […]
Federal diversity jurisdiction provides a neutral forum for litigants from different states, preventing state court bias against out-of-state defendants. But just as defendants often prefer their case be venued in federal court, plaintiffs often prefer to stay in their home state court. Enter the fraudulent joinder, where the plaintiff attempts […]
Voluntary dismissal of claims can be a smart strategic move in the right case at the right time for a number of reasons. Perhaps a better venue is available, or the client decided it’s not the right time to bring the claims. However, it is important to carefully draft a […]
New York law dictates that legal relief (monetary damages) can be tried by a jury, but equitable relief can only be tried by the court. But what happens in a hybrid case where the complaint seeks both legal and equitable relief? Is a plaintiff still entitled to demand a trial […]