Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Feb
29 Feb 2008
$10 Million Inherent Power Sanction for Bad Faith Litigation Abuse
28 Feb 2008
Sanctions — Reliance on Government Agency Complaint in Pleading a Private Action
28 Feb 2008
Senate Enacts Federal Rule of Evidence 502
27 Feb 2008
Dismissal Motion — Affidavit Offered to Address a Fact Issue Integral to the Complaint
26 Feb 2008
Privilege — Right of Former Officer or Director to Rely on Advice Given by Corporate Counsel
25 Feb 2008
Sanctions — Withdrawal of Offending Paper as Evidence of Meritlessness
24 Feb 2008
Testimonial Authentication of Email Evidence
23 Feb 2008
Lawyer’s Fiduciary Duties to Non-Clients — Debtor’s Counsel Owes Fiduciary Duty to Estate
22 Feb 2008
Judicial Notice of Filings in Other Courts Appropriate — 12(b)(6) Motion
21 Feb 2008
Notice of Appeal from Sanctions Order Does Not Permit Review of Sanctions Imposed on Counsel Not Named as Appellant
20 Feb 2008
Arbitration — Failure to Rule on Discovery Motion within Arbitrator’s Discretion
19 Feb 2008
Attorney-Client Privilege and Work Product Protection — Selective Waiver Rejected in IPO Securities Litigation
17 Feb 2008
Loss of Laptop to Theft as Spoliation?
16 Feb 2008
Jurisdiction — Right to Jury Trial Where Jurisdictional and Merits Facts Are Intertwined
15 Feb 2008
Privilege vs. Work Product — Opposite Burdens on Waiver
14 Feb 2008
Dismissal Sanction for Presenting Forged Documents to Court
13 Feb 2008
LLCs — No Jurisdictional Discovery Where Complaint Fails to Plead Minimal Jurisdictional Facts
12 Feb 2008
Contempt — Enforcement of Obey-the-Law Consent Decree — Issue of First Impression
11 Feb 2008
Sanctions — District Court Must Decide Pending Rule 11 Motion before Entering Final Judgment
10 Feb 2008
The Impact of CAFA on the Federal Courts -- FJC Study
09 Feb 2008
Connecticut State Court Recognizes Tort of Intentional Spoliation of Evidence by Non-Party
08 Feb 2008
How Many Points to Raise on Appeal
07 Feb 2008
Limits of Expert Testimony
06 Feb 2008
Exclusion of Hearsay Dooms Death Case
05 Feb 2008
Email Evidence — Admissibility of Text Messages
04 Feb 2008
Privilege Developments in the Corporate Context — 2008
02 Feb 2008
No Rule 16(f) Sanctions for Prompt Dismissal of Case Following Pretrial Conference
01 Feb 2008
Addressing Spoliation by Rule — The Tennessee Example
01 Feb 2008