Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2007 Aug
31 Aug 2007
Expert Evidence — Federal v. State Rules — Diversity Action
30 Aug 2007
Sanctions — Attempting to Dissuade Non-Party Witness from Testifying
29 Aug 2007
Sanctions — Timeliness of Motion — Rule 11 vs. Inherent Power
28 Aug 2007
Sanctions — 28 U.S.C. § 1927 and Pro Se Litigants
27 Aug 2007
Privilege — Subject Matter Waiver — Advice of Counsel Defense
26 Aug 2007
Securities — Scienter — Conscious Avoidance Charge
25 Aug 2007
Sanctions — Settlement Agreement as Witness Tampering — $1.1 Million Penalty
24 Aug 2007
RICO — State as ‛Enterprise“
23 Aug 2007
Bankruptcy of Plaintiffs’ Lawyer as Dictating Disqualification
22 Aug 2007
Class Arbitration Waiver — Unconscionability — FAA Preemption
21 Aug 2007
Subpoenas — Appealability to Protect Privilege Absent Contempt
20 Aug 2007
Derivative Actions — State Court Dismissal on Futility Grounds as Res Judicata in Federal Court
19 Aug 2007
Declaratory Judgment — Double Contingency — Rule 12(b)(1) — Subject Matter Jurisdiction
18 Aug 2007
28 U.S.C. § 1292(b) — Issue of First Impression Is Not Enough
17 Aug 2007
Sanctions — Necessity of Explicit Sanction to Render Criticism Appealable.
16 Aug 2007
American Pipe Circuit Split
15 Aug 2007
Sanctions — Due Process
14 Aug 2007
Americans Residing Abroad — Dual Citizenship — Diversity Jurisdiction
13 Aug 2007
Plain Error Doctrine — Applicability to Pretrial Rulings
12 Aug 2007
Electronic Spoliation — Rule 37(f) Safe Harbor
11 Aug 2007
What Were They Thinking? — Post-Trial Copying of Juror Notes Made During Deliberations.
10 Aug 2007
Removal & Federal Jurisdiction — Effect of State Court Consolidation
09 Aug 2007
Superboy: Judicial vs. Collateral Estoppel
08 Aug 2007
Rule 11 Sanctions — Improper Purpose
07 Aug 2007
Personal Jurisdiction — Specific Jurisdiction — Multiple Claims
06 Aug 2007
Privilege Waiver by Production to Congress Pursuant to Subpoena
05 Aug 2007
Daubert — Where Are We?
04 Aug 2007
Sanctions: Failure of Notice of Appeal to Identify Sanctioned Counsel as Appellant
03 Aug 2007
Extraterritorial Application of Securities Laws Is Not Jurisdictional
02 Aug 2007
Anticipatory Repudiation by Excess D&O Carrier Does Not Excuse Exhaustion of Primary Policy
01 Aug 2007