Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Jun
30 Jun 2008
Interrogatories — How to Count Subparts for Purposes of the Limit of 25 Interrogatories per Party
28 Jun 2008
Sanctions — Abuse-of-Discretion Review Is Not Toothless
27 Jun 2008
Experts and Hidden Compensation — Do We Really Know How Much Our Experts Are Being Compensated? Have We Disclosed It Accurately?
26 Jun 2008
New York State Spoliation Standards: Negligence Suffices
25 Jun 2008
Federal Arbitration Law — 2008 Developments
25 Jun 2008
Lerner Article -- What Goes Around Comes Around: Putting the "Civil" Back in Civil Litigation
24 Jun 2008
Analyst Reports Uncited in Securities Complaint May Be Judicially Noticed on 12(b)(6) Motion
23 Jun 2008
Daubert at Class Certification
22 Jun 2008
Sanctions, Reputation & Appellate Review
21 Jun 2008
International Arbitration — Summary Judgment, Issues of First Impression and Manifest Disregard
20 Jun 2008
Expert Witness Fees at Deposition — What Is “Manifest Injustice” under Rule 26(b)(4)(C)?
19 Jun 2008
Sanctions — Standards Applicable to Pro Se Litigants
18 Jun 2008
Inherent Power Reaches Government Counsel’s Monitoring Attorney-Client Privileged Communications between Plaintiffs and Their Counsel
17 Jun 2008
Securities — Are Equity Swaps Subject to Section 13(d) Reporting?
16 Jun 2008
RICO — Conclusory Allegations of Pattern Inadequate — Good Quote
15 Jun 2008
28 U.S.C. § 1404(a) & Electronic Discovery — Dissipated Importance of the Location of Documentary Evidence
14 Jun 2008
§ 1927 Sanctions Imposed on Plaintiff’s Counsel Who Refused to Dismiss Case after Client’s Deposition Demonstrated Lack of Merit
13 Jun 2008
General Release in Class Action Bars Subsequent Claim by Non-Opt-Out Only If Issues in Second Suit Are Identical to Those in First — Circuit Split
12 Jun 2008
Expert Testimony Disallowed but Testimony from Witness Elucidating Research Allowed as Factual
11 Jun 2008
Sanctions — Settlement & Mootness
10 Jun 2008
RICO — Plaintiff Need Not Have Relied on Mail Fraud If It Was in Fact Injured as a Result of the Fraud
09 Jun 2008
Expert Opinions Not Disclosed in Report — Admitted Anyway
08 Jun 2008
§ 1927 Sanctions Not Precluded but Generally Inappropriate for Discovery Abuse Subject to Rule 37
07 Jun 2008
Spoliation — Not the Kind of Testimony You Want a Client to Give
06 Jun 2008
Failure to Provide Notice of Rule 45 Subpoenas and to Provide Copies of Documents Received Is Sanctionable under the Inherent Power of the Court
05 Jun 2008
Factors in Setting Supersedeas Bond under Fed.R.Civ.P. 62(d) — District Court Jurisdiction to Enforce Judgment After Notice of Appeal
04 Jun 2008
Spoliation — State v. Federal Law
03 Jun 2008
Fraudulent Concealment / Fraudulent Misrepresentation Claims Dismissed as Equivalent to Spoliation Claim Prohibited in New York
02 Jun 2008
Remand Order under 28 U.S.C. § 1447(c) Is “Dispositive” — Magistrate Judge’s Decision Is Subject to De Novo Review by District Court
01 Jun 2008