Legal Blog
More than 40 Years Later, the Unresolved Question in Lipsky Remains Up for Debate
In this article, Mr. Steckman and his colleague Joseph Johnson explore why Lipsky has remained an unresolved legal issue since 1976, examining several decisions that offer conflicting interpretations. Read why the authors believe that the absolute interpretation of Lipsky is the only interpretation that protects litigants and trial courts, and why “each of the other approaches cannot help but involve the court in making what are likely to be highly intuitive assessments of foreign pleadings, the truth of which cannot be determined by the motion court.”
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