Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 May
17 May
Email Admissibility — Hearsay — Rules 807 (Catchall Exception) and 803(1) (Present Sense Impression)
16 May
Binding Effect of 30(b)(6) Deposition Testimony — Admission vs. Judicial Admission — Impact on Summary Judgment vs. at Trial
15 May
Sanctions — Experts — Misstatement of Fact in Expert Report as Potentially Outside Rule 11
14 May
Securities — SEC May Not Seek Monetary Penalties for Aiding and Abetting Violations of the Investment Advisers Act
13 May
Sale of Business as Spoliation
12 May
Expert Report and Evidence Checklist
11 May
Rule 59 Motion for a New Trial — Criteria — Third Circuit
10 May
Securities — Sanctions — Waiver of PSLRA’s Mandatory Sanctions Review Enforced
09 May
LLC Treated Like Corporation, Not Partnership, for Privilege Purposes — Case Split
08 May
RICO — Governmental Entity Does Not Suffer Injury to Business or Property Simply Because Employee Was Bribed
07 May
Is Denial of a Motion to Dismiss based on Arbitration Clause Appealable as Tantamount to Denial of a Motion to Compel Arbitration? Circuit Split
06 May
Website Evidence — Posting Self-Laudatory Article and Other Hearsay on Website as Adoptive Admission
05 May
Securities — Issue of First Impression — Proportionate Liability Regime of PSLRA Does Not Affect Scope of Control Person Liability
04 May
Primary Jurisdiction vs. Administrative Exhaustion — Ninth Circuit
03 May
“Circuit Law” Dubious Concept as Applied to Subject Matter Jurisdiction
02 May
Email Admissibility — Authentication vs.Hearsay
01 May