Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Sep
30 Sep 2008
Prolix Pleading as “Novelette” — Good Quote
29 Sep 2008
Is the Jury’s Attention Spam No Longer than One Commercial Break? Ten-Minute Limit on Opening Statements
28 Sep 2008
How a Federal Court Is to Approach an Issue of First Impression of State Law
27 Sep 2008
Ballistics, Like Fingerprint, Evidence — Non-Scientific but Nonetheless Admissible under Daubert
26 Sep 2008
Standard of Review Under the Administrative Procedure Act
25 Sep 2008
RICO Standing — Creditor Lacks Standing to Sue Until Collateral and All Alternative Sources of Recovery Are Exhausted
24 Sep 2008
Website Evidence — Judicial Notice of Data on Government Website
23 Sep 2008
Federal Rule of Evidence 502 Is Now Law
22 Sep 2008
Securities — Loss Causation Need Not Be Shown at Certification Stage to Invoke the Basic Presumption and Establish Predominance — Court Split
21 Sep 2008
American Arbitration Association Rules Do Not Automatically Empower Arbitrators to Issue Injunctive Relief — Who Knew?
20 Sep 2008
Does the Failure to File a Rule 50(b) Motion Deprive an Appellate Court of Subject Matter Jurisdiction to Consider the Sufficiency of the Evidence? — Impact of Bowles v. Russell Analysis
19 Sep 2008
LLC’s Citizenship Determined by the Citizenship of Its Members, Not by State of Organization — Issue of First Impression for Fifth Circuit
18 Sep 2008
Howard Hughes and RICO — Fraudulent Concealment Unavailing to Revive 30-Year-Old Claim Against Hughes’ Estate
17 Sep 2008
Expert Evidence Not Necessarily Sufficient to Preclude Summary Judgment — Good Quote; Statements of Undisputed Fact
17 Sep 2008
Website Evidence — Judicial Notice of Data on Government Website
16 Sep 2008
Filing Frivolous Notice of Appeal Does Not Divest District Court of Jurisdiction — Dismissal without Leave to Amend but with Leave to Argue for Amendment Forecloses District Court Jurisdiction
15 Sep 2008
Sanctions — Ambiguous Law and Hidden Facts — Good Quote
14 Sep 2008
Party Directly Injured by RICO Violation Has Standing Even If It Is Not the Defendants’ Intended or Primary Victim
13 Sep 2008
Federal Litigation: Where Did It Go Off Track? — The Poetic Equivalent
12 Sep 2008
Spoliation — the Ellison/Oracle Decision — Adverse Inference Applied on Summary Judgment
12 Sep 2008
Federal Rule of Evidence 502 Will Be Law By September 22, 2008
11 Sep 2008
Negligence Action for Damages Arising from Third-Party Spoliation Permitted Under New York Law
10 Sep 2008
Forum Selection Clause Does Not Prevent 28 U.S.C. § 1404 Transfer — When Non-Signatories Are Bound by Forum Selection Clause
09 Sep 2008
Federal Rule of Evidence 502 Has Passed Congress
08 Sep 2008
Updated Internet and Email Article Posted
07 Sep 2008
Hedonic Damages, Daubert and the Province of the Jury
06 Sep 2008
Inherent Power Sanctions — High Threshold for Bad Faith — Limiting Language
05 Sep 2008
Equitable Doctrine of Laches May, But Presumptively Does Not, Bar a Copyright Infringement Action Filed within the Statute of Limitations — Circuit Split
04 Sep 2008
It Turns Out That “Is” Actually Means “Is,” At Least Sometimes
03 Sep 2008
Inherent Power Sanctions: Frivolous Positions + Scandalous Allegations = Bad Faith
02 Sep 2008
RICO Conspiracy Post-Bridge: Latecomer Liability for All Conspiracy-Caused Injury
01 Sep 2008