Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Mar
31 Mar 2008
Affidavits/Declarations on Summary Judgment — Requirement of Personal Knowledge
30 Mar 2008
Post-Judgment Sanctions — Necessity of Separate Notice of Appeal
29 Mar 2008
Expert Evidence Admissible at Daubert Hearing Though Excluded from Trial
28 Mar 2008
No First-Party Cause of Action for Spoliation under Michigan Law — Limitations of Dissenting Opinions under Erie
27 Mar 2008
Sarbanes-Oxley Whistleblower Provision — Prima Facie Case and Defenses
26 Mar 2008
Computerized Bloomberg Data within 803(17) Market Report Hearsay Exception
25 Mar 2008
RICO Pattern — Two Year Duration Benchmark for Closed-Ended Continuity
24 Mar 2008
Government Website — Self-Authentication
22 Mar 2008
What Does “Unpublished” Mean in the Electronic Era?
21 Mar 2008
Party in Arbitration Sanctioned for Issuing Federal Subpoena Using Caption of Stayed Action
20 Mar 2008
Stoneridge on Remand — Rule 11 under the PSLRA
19 Mar 2008
Nacchio Tenth Circuit Reversal — Criminal vs. Civil Expert Disclosure; Economic Expert Testimony; New Judge on Retrial
18 Mar 2008
Fed.R.Evid. 803(8)(C) (Official Reports) — Factors Affecting Admissibility
17 Mar 2008
Lawyer Sanctioned for Client Misbehavior at Deposition
17 Mar 2008
Anniversary Noted
16 Mar 2008
Federal Rule of Evidence 502 in Congress
15 Mar 2008
Learned Treatises by Non-Neutral Authors — Identity of Non-Testifying Experts as Work Product
14 Mar 2008
Party May Be Served with Trial Subpoena Despite Living Out of State and More than 100 Miles from Courthouse
13 Mar 2008
Legal Malpractice — Shifting of Burden by Defendant’s Introduction of Expert Evidence of Competence
13 Mar 2008
Section 1782 as a Factor in Forum Non Conveniens Decisions
12 Mar 2008
Removal — District Court Prohibited from Remanding Case Sua Sponte Based on Procedural Defect in Removal Notice — Motion to Remand Required
11 Mar 2008
Legal Malpractice — Statute of Limitations — Continuous Representation Doctrine under New York Law
10 Mar 2008
RICO — Association-in-Fact Enterprise — Continuing Circuit Split on Structure Requirement
09 Mar 2008
Drought Aside, A Reason to Avoid Georgia
08 Mar 2008
§ 1927 Sanctions — Vicarious Liability of Law Firms
07 Mar 2008
Inadvertent Spoliation Warrants Dismissal
06 Mar 2008
Books and Records Provision in Merger Agreement Supports Spoliation Claim
05 Mar 2008
Rule 11 and Discovery Disputes
04 Mar 2008
RICO and Rule 11
03 Mar 2008
Primary Jurisdiction Primer (9th Circuit)
02 Mar 2008
Senate Judiciary Committee Report S. 2450 (Fed. R. Evid. 502)
01 Mar 2008