Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Jul
24 Jul 2008
RICO Action Does Not Lie against Governmental Employee Acting within the Scope of His or Her Employment
23 Jul 2008
Securities — 10b-5 — Theory of”Non-Verbal Deceptive Conduct” Rejected
22 Jul 2008
Depositions — Rule 30(e) — Deponent May Change Testimony Substantively, But Failure to Set Forth Reasons for Changes in Errata Sheet Requires Striking of All Changes — Filing of Amended Errata Sheet Barred
21 Jul 2008
Sanctions — Defense of Inability to Pay Requires Showing of Inability to Pay on Installment Basis
20 Jul 2008
Sanctions Vacated Due to Judge’s Erroneous View of Law — Good Quote
19 Jul 2008
Dismissal without Prejudice Appealable if Entered on Forum Non Conveniens Grounds
18 Jul 2008
RICO — Operation or Management Test — "Bankers do not become racketeers by acting like bankers."
17 Jul 2008
Non-Party Sanctioned by Special Master for Recalcitrance in Responding to Subpoena
16 Jul 2008
Court’s Reliance on Unsworn Expert Reports in Granting Summary Judgment Requires Reversal — Objection in Opposition Brief Suffices
15 Jul 2008
Securities — Statistical Significance Not Subject to Judicial Notice — One-Year Statute of Limitations for § 18 Claims — Market Manipulation Requires More than False or Omissive Statements
14 Jul 2008
RICO — Continuity — The Longer the Duration, The Less Significant Other Factors Become
13 Jul 2008
Holder / Thompson / McNulty Memo, Now Filip Letter of July 9, 2008
12 Jul 2008
Proving Intentional Infliction of Emotional Distress — Some Cases Speak for Themselves
11 Jul 2008
Federal Jurisdiction — Grable — State Law Claim that “Necessarily” Raises a Federal Question versus One in which Federal Question Is Merely “Present”
10 Jul 2008
Jury Selection — Presumed Bias — Standards
09 Jul 2008
Attorney-Client Privilege — Arkansas Adopts Rules Protecting Inadvertent and Selective Disclosure
08 Jul 2008
$5.2 Million Default Judgment for Spoliation — Defragging Computer as Evidence of Spoliation when Done in Conjunction with Use of “Window Washer” Program — Absence of Metadata and of Documents as Probative of Spoliation
07 Jul 2008
Experts — Gatekeeper Role of Court — Countervailing Considerations and Jury Issues
06 Jul 2008
Failure to Advance Meaningful Legal Argument Waives Issue on Appeal
05 Jul 2008
Writ of Prohibition or Mandamus — Factors
04 Jul 2008
Proposed Amendments to Fed. R. Civ. P. 26 and 56 — Experts and Summary Judgment
03 Jul 2008
Expert Report Even if Sanctionable Is Not Violative of Rule 26(g)
02 Jul 2008
Liability Insurer Owes Third-Party Claimant Duty Not to Spoliate Evidence by Repairing Insured’s Property
01 Jul 2008