Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2008 Dec
31 Dec 2008
Denial of Summary Judgment Unreviewable after Trial on Merits — Failure to Raise Sufficiency of the Evidence in 50(b) Motion Likely Precludes Appellate Review
30 Dec 2008
Sanctions — Party’s Appeal of Magistrate Judge’s Order to District Court Insufficient to Sustain Circuit Jurisdiction to Entertain Defenses Personal to Party’s Counsel
29 Dec 2008
Spoliation, Inherent Power and Rule 37
28 Dec 2008
Ability to Recover Statutory Damages under Both the Lanham Act and Copyright Act for the Same Injuries — Caselaw Split
27 Dec 2008
Excluding Evidence of Religious Activities as Evidence of Religious Beliefs
26 Dec 2008
On Issues of First Impression, Court Is “Not Limited to Precedent”
25 Dec 2008
Spoliation — Not a Game of Gotcha
24 Dec 2008
Summary Judgment — Rule Barring Affidavit That Conflicts with Deposition Testimony Applied to Expert
23 Dec 2008
Gaps in Federal Rule of Evidence 502: Larry Fox's View
22 Dec 2008
Taxing Costs of Both Video and Stenographic Record of Deposition
21 Dec 2008
Text of New York Rules of Professional Conduct (Effective 4/1/09)
20 Dec 2008
Additional Counterclaim Defendant May Not Remove under 28 U.S.C. § 1441 (General) or § 1453 (CAFA)
19 Dec 2008
Transferee Court Has Power to Sanction Frivolous Filings Made in Transferor Court
18 Dec 2008
Sole Proprietorship May Proceed Pro Se in Federal Court
17 Dec 2008
$16.8 Million Sanction Upheld Under 35 U.S.C. § 285 and Inherent Power of the Court
16 Dec 2008
No Adverse Possession of Intellectual Property Rights
15 Dec 2008
Spoliation & Summary Judgment Plus a New Species of Sub-Spoliation
14 Dec 2008
Proposed F.R.Civ.P. 56(c) and Mandatory Statements of Undisputed Fact
13 Dec 2008
Duty to Mitigate Survives Entry of Default Judgment
12 Dec 2008
Issuer Owes No Contractual Duty to Noteholders to File Timely Reports with SEC — Caselaw Split
11 Dec 2008
Statement of Employee Not Admission of Employer within Rule 801
10 Dec 2008
Rules of Evidence Inapplicable to Discovery Motion
09 Dec 2008
Securities — § 17(a)(2)'s "By Means Of " Is Broader Than 10b-5's "Making" — Defendant Need Not Be Speaker
08 Dec 2008
Statements in Superseded Pleadings: Evidentiary vs. Judicial Admissions
07 Dec 2008
Electronic Discovery — Everything You Could Possibly Need to Know About Metadata
06 Dec 2008
Arbitration — Judgment May Be Entered Confirming Award under FAA Even Though Neither Arbitration Clause Nor Governing Rules Explicitly So Provide
05 Dec 2008
A Gap in Federal Rule of Evidence 502 (Waiver of Privilege and Work Product)
04 Dec 2008
Does Service of Complaint by Mail Extend 30-Day Removal Period by 3 Days? Caselaw Split
03 Dec 2008
Inquiry Notice — Statute of Limitations — Documents That May Be Considered on a 12(b)(6) Motion
02 Dec 2008
Honest Services Mail Fraud Does Not Require Proof that Conduct Violated an Applicable State Law — Circuit Split
01 Dec 2008