Imagine this: You litigate a case for years. Your opponent wins summary judgment. You appeal. The appellate court agrees that the summary judgment was erroneous and remands for trial.
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You ve lost your case before a Federal Circuit panel and you
file a rehearing petition. When can you expect good news (or
at least some news.)?
Timing of rehearing decisions
For a rehearing petitioner, the threshold positive sign to look
for is a call for a response (or CFR ). Under the
federal appellate rules, a party can t file a response opposing
a rehearing petition unless the Court requests one. That
request is a sign that at least one judge has some interest in the
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OUR FIRST JURY TRIALS - SCARED TO DEATH
In the debut episode of Trying 2 Win, a podcast about real-life
legal battles in and outside the courtroom, we introduce you to
Sara Lincoln and Tricia Derr, founders of Lincoln Derr, a minority
and women-owned law firm based in Charlotte, N.C. Over the course
of their careers, both women have distinguished themselves as
powerhouse litigators, with decades of experience fighting on
behalf of their clients in court. In this episode, though, we go
back in time to when they were both new lawyers trying their very
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This case was brought on behalf of a class of 72 female sales
professionals employed by clothing retailer John Varvatos
Enterprises, Inc. (Varvatos), alleging that Varvatos s clothing
allowance policy, which included giving free clothing to male sales
professionals but not female sales professionals, violated various
federal and state anti-discrimination laws.
Knox v. John
Varvatos Enterprises Inc., No. 17 CIV. 772 (GWG), 2021 WL
95914, at 1 (S.D.N.Y. Jan. 12, 2021).
The case went to trial, and the jury found for the plaintiffs on
all counts, awarded the compensatory damages sought by the
Could the former students continue their suit against the college and its former policies that prevented their speaking about their Christian faith where they sought only nominal damages.