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Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable

Posted by Law Firm of Haight Brown & Bonesteel LLP on Aug 12th 2018

Need and Prejudice: An Eleventh-Hour Trial Continuance Where A Key Witness Is Unexpectedly Unavailable
In Padda v. Superior Court (GI Excellence), No. E070522, the Court of Appeal, Fourth Appellate District, Division Two, recently held that a trial court abused its discretion in denying Defendants/Cross-Complainants’ request for a trial continuance where their key expert witness suddenly became ill twelve days before trial and before his deposition had been taken.The case arose from an employment-related contract dispute between two Gastroenterologists (hereafter “Petitioners”) and Plaintiff/Cros
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Court to Revisit Decision Against Fiduciary Rule

Posted by By Elizabeth Dilts on Apr 27th 2018

 Court to Revisit Decision Against Fiduciary Rule
Attorneys general from California, Oregon and New York on Thursday filed a motion to intervene in a case between the securities industry and the U.S. Department of Labor, petitioning the full 5th U.S. Circuit Court of Appeals to revisit its earlier decision on a rule governing investment advice for retirees.The court, in a 2-1 decision in March, found in favor of the U.S. Chamber of Commerce, the Securities Industry Financial Markets Association and others that argued that the DOL’s fiduciary ru
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