Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Nov
30 Nov 2008
Rule 11 Sanctions for Frivolous Denial of Factual Allegations in Answer
29 Nov 2008
Bruton Inapplicable to Joint Bench Trial
28 Nov 2008
Expert Evidence on Summary Judgment
27 Nov 2008
Filing Notice of Substantively Frivolous Appeal Sanctionable under 28 U.S.C. § 1927
26 Nov 2008
Experts, Daubert & Junk
25 Nov 2008
Securities — Reversible Error under Tellabs to Require Inference of Scienter Be Most Compelling of Competing Inferences
24 Nov 2008
Typed Signature at End of Email Satisfies Statute of Frauds
23 Nov 2008
Sanctions — Withdrawing Four Successive Putative Class Plaintiffs and Then Dismissing Action Sanctionable under 28 U.S.C. § 1927
22 Nov 2008
A Sensible Approach to Calming Waters Roiled by Cross-Sanctions Motions
21 Nov 2008
Civil RICO, Ripeness, and Extraterritoriality
20 Nov 2008
§ 1927 Sanctions for Failing to Comply with Settlement Agreement — Extrajudicial Misbehavior
19 Nov 2008
Monies Paid under License to Stay Injunction Pending Appeal Are Recoverable upon Reversal of Injunction Even Though Payor Had Choice Not to Pay
18 Nov 2008
Default Judgment — Rules Governing Inquests
17 Nov 2008
Letter That Makes No Concession Received in Evidence over Rule 408 Objection (Not Endorsed “For Settlement Purposes Only”)
16 Nov 2008
Taking a Scalpel Rather than a Hatchet to Expert Economic Testimony
15 Nov 2008
Administrative Agencies, Retroactive Rulings and Extent of Judicial Deference
14 Nov 2008
Testimony That Is Inadmissible under Rule 26(a)(2) May Be Received on Daubert Motion
13 Nov 2008
Drafts of Affidavit Protected by Work Product Protection — Protection Not Waived by Filing Final
12 Nov 2008
Mental-Impression Work Product Protection Afforded Attorney Notes of Interview with Witness
11 Nov 2008
Arbitration: “Manifest Disregard of the Law,” but Not of the Evidence, Survives Hall Street — Circuit Split
10 Nov 2008
The Impact of Federal Rule of Evidence 502(d) on Protective Orders
09 Nov 2008
Spoliation Sanctions — State vs. Federal Law
08 Nov 2008
Fraudulent Joinder — Standards — Fifth Circuit
07 Nov 2008
Reliance on Deposition Summaries Prepared by Counsel Renders Expert Opinion Unreliable
06 Nov 2008
Privilege & Work Product — Choice of Law in Diversity Action — Privilege Governed by State Law, Work Product by Federal Law
05 Nov 2008
Methodology for Computing Attorney’s Fees — Inherent Power Sanctions
04 Nov 2008
Erie — State Offer of Settlement Statute Is Substantive and Applies in Federal Court Diversity Action
03 Nov 2008
Experts — Abusive Supplementation of Expert Report to Avoid Summary Judgment
02 Nov 2008
RICO — Hub-and-Spoke Configuration ≠ Enterprise
01 Nov 2008