Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Jan
31 Jan 2009
Sanctions — 21 Day Safe Harbor Inapplicable to § 1927 Sanctions
30 Jan 2009
Default (vs. Waiver) of the Right to Arbitrate — Effect of Litigating Factually Intertwined Claims
29 Jan 2009
Expert Testimony Should be Assessed in Light of Potentially Prejudicial Effect — 702 & 403
28 Jan 2009
Summary Judgment Premature Before Daubert Issues Resolved
27 Jan 2009
Outside Accountant’s Communications with Corporate Counsel Privileged Where He Acted As “Functional Equivalent” of Employee
26 Jan 2009
RICO — Mere Off-Label Promotion of Drug Not Actionable; False Statements in Ads Are
25 Jan 2009
Standards for Certifying Interlocutory Appeal under § 1292(b) — Implications of Need to Study Record or Assess Sufficiency of Pleadings
24 Jan 2009
Rule 11 — Improper Purpose — Filing Contract Claim to Collect Balance Due Not Improper Even If Plaintiff Lacks License That Is a Prerequisite to Suit
23 Jan 2009
Spoliation — Bad Faith Not Required in First Circuit
22 Jan 2009
Corporate Attorney-Client Privilege — Sale of Business (Asset Sale) — No Waiver By Leaving Privileged Date on Company Computer at Time of Sale
21 Jan 2009
After 30 Day Removal Period Has Expired, Notice of Removal May Not be Amended to Assert New Ground for Federal Jurisdiction
20 Jan 2009
Inherent Power Sanctions for Filing Bankruptcy Petition to Delay Civil Litigation
19 Jan 2009
Email Authenticated by Distinctive Characteristics, Including “@”
18 Jan 2009
January 2009 Meeting of the Standing Committee on Rules of Practice and Procedure
17 Jan 2009
Corporate Dual Citizenship Prevents Minimal Diversity under CAFA
16 Jan 2009
RICO — Concrete Injury — Intracorporate Conspiracy Doctrine
15 Jan 2009
Recalculation of Damages after Plaintiffs Cannot Explain Charts at Their Depositions Insufficient to Warrant § 1927 or Inherent Power Sanctions
14 Jan 2009
Experts: Failure to Act upon Receipt of Inadequate 26(a)(2) Disclosure = Unacceptable Gamesmanship
13 Jan 2009
8(a), 9(b) and RICO
12 Jan 2009
Third Party, But Not First Party, Spoliation States a Claim in Montana
11 Jan 2009
RICO Enterprise -- Ascertainable Structure Requirement -- Supreme Court Argument on Wednesday, January 14
10 Jan 2009
Sanctions Exclusion in Legal Malpractice Policy Does Not Bar Coverage of Sanctions Motion Joined in by Lawyer’s Own Client
09 Jan 2009
Experts — Sanctions — Discretion Shrinks as Severity Grows
08 Jan 2009
Electronic Discovery — Presumptive Right to Electronically-Stored Information in Native Format
07 Jan 2009
Letters Threatening Rule 11 Sanctions Do Not Violate Order Staying All Proceedings
06 Jan 2009
Cause of Action for Negligent Spoliation of Evidence Recognized in Connecticut
05 Jan 2009
Removal — Can the One-Year Time Limit in § 1446(b) be Equitably Extended? Circuit Split
04 Jan 2009
Securities — Every Member of § 13(d) Group Must Be a Beneficial Owner
03 Jan 2009
RICO Enterprise — Corporation Distinct from Employees If Not Also a Defendant — Merely Defrauding ≠ Operation and Management
02 Jan 2009
Sanctions — Misrepresentation to Court — Notable Quote
01 Jan 2009