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      The full library in alphabetical order, across every area of law.

      Prejudgment Remedies

      Freezing Assets in a Federal Case

      Federal Rule of Civil Procedure 64 makes every state remedy for seizing property available in a federal civil action, subject to any applicable federal statute. Beyond that borrowing, a district court's equitable power is limited: the Supreme Court has held that a court lacks authority to enjoin a defendant from disposing of assets where the plaintiff asserts only a claim for money and no lien or equitable interest in the property. Specific statutes supply narrower freeze powers.

      6 min readFederal law

      Prejudgment Remedies

      Garnishing an Account Held by Someone Else

      Prejudgment garnishment reaches debts owed to the defendant and property of the defendant held by a third party. It is obtained on a verified motion or as part of an attachment order, and it takes effect on service upon the garnishee. The garnishee must answer, stating what it owes or holds, and must not pay or transfer in the interim. Earnings are protected by federal limits and are excluded from prejudgment garnishment altogether in some states.

      6 min readState law

      Judgment Enforcement

      Garnishing Wages and the Federal Cap

      The Consumer Credit Protection Act limits an ordinary garnishment to the lesser of twenty-five percent of weekly disposable earnings or the amount by which those earnings exceed thirty times the federal minimum hourly wage. Disposable earnings are what remains after deductions required by law. Support orders, tax debts and bankruptcy orders fall outside the ordinary ceiling. States may and often do set lower limits, and the more protective rule controls.

      6 min readFederal and state

      Layoff Notice

      Giving as Much Notice as Possible When an Exception Applies

      Where a statutory exception applies, the employer must give as much notice as is practicable to the union, non-represented employees, the state dislocated worker unit and the unit of local government, and the regulation acknowledges that in some circumstances this may be notice after the fact. At the time notice is actually given, the employer must also provide a brief statement of the reason for reducing the notice period, in addition to the ordinary content elements.

      6 min readFederal law

      Emergency Immigration

      Habeas Where No Other Court Will Hear the Detention

      Habeas corpus is the route to a federal district court on a question of immigration custody. The statute reaches a person held in violation of the Constitution or laws of the United States. The application is written, signed and verified, alleges the facts of the custody and names the person having custody. The court awards the writ or orders the respondent to show cause, and the return is due in three days unless the court extends it for good cause.

      6 min readFederal law

      Breach Notification

      Handling an Incident That Crosses Many States

      A multi-state incident is managed by building one residency-mapped population, applying each statute's definition and exemptions to it, and then sequencing every deadline on a single calendar. The earliest obligation is often a preliminary regulator filing rather than a consumer letter. Because the notices and filings are read side by side, the controlling discipline is a single account of the facts that every document draws from without variation.

      6 min readState law

      Emergency Orders

      How Long a Declaration Lasts

      State emergency declarations carry statutory expiry dates that differ widely. Michigan sets twenty-eight days and requires a resolution of both houses to extend. Florida sets sixty days renewable by the governor. New York sets six months with additional six-month extensions by further order. The federal framework has no fixed term but terminates a national emergency on its anniversary unless the President publishes a continuation notice within the preceding ninety days.

      6 min readState law

      Judgment Enforcement

      How Long a Judgment Lasts and How It Is Renewed

      States set an outer period for enforcing a money judgment, commonly ten or twenty years, and allow renewal before it runs. Ohio adds a dormancy rule: a judgment on which nothing is done for five years ceases to operate as a lien and must be revived, which is allowed within ten years of dormancy. California renews on application filed before the ten-year period ends, and a judgment that lapses generally cannot be revived.

      6 min readState law

      Evidence Preservation

      How Much Must Actually Be Kept

      The preservation duty is limited by relevance and proportionality rather than by volume. Rule 26(b)(1) confines discovery to matter proportional to the needs of the case, and Rule 26(b)(2)(B) allows a party to identify electronically stored information as not reasonably accessible because of undue burden or cost. The committee note to the sanctions rule states that reasonable steps suffice and that perfection is often impossible, but a party urging disproportion has to supply specifics.

      6 min readFederal law

      First-Day Relief

      How Quickly a Court Must Hear a Stay Motion

      Section 362(e)(1) terminates the stay thirty days after a request for relief from a stay of an act against estate property, as to the requesting party, unless the court after notice and a hearing orders it continued. The hearing may be preliminary or consolidated with the final hearing. Where it is preliminary, the court must order continuation if there is a reasonable likelihood that the party opposing relief will prevail, and the final hearing must conclude within thirty days after it.

      6 min readFederal law

      Emergency Immigration

      Humanitarian Parole and the Urgent Reason Standard

      Parole into the United States may be authorized temporarily, on a case-by-case basis, for urgent humanitarian reasons or significant public benefit. A request is made on the prescribed application with supporting evidence of the urgency, the intended duration, and the arrangements for support. A grant permits physical presence without admission, is time-limited, confers no status and can be terminated. It is not a substitute for a visa and does not create eligibility for anything else.

      6 min readFederal law

      Injunctions & TROs

      Issuing an Order Without the Other Side Present

      Federal Rule of Civil Procedure 65(b)(1) allows a restraining order without notice only where specific facts in an affidavit or verified complaint clearly show that immediate and irreparable injury will occur before the adverse party can be heard, and the movant's attorney certifies in writing the efforts made to give notice and the reasons notice should not be required. Both showings are conditions on the court's power, not formalities, and a failure in either is a ground to dissolve.

      6 min readFederal law