Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Mar
31 Mar 2009
RICO — PSLRA Bar — Irrelevant whether Plaintiff Could File a Securities Fraud Action — Bar Applies if Anyone Could
30 Mar 2009
Withdrawal of Rule 36 Admissions — Standards
29 Mar 2009
Party Admissions Need Not Otherwise Satisfy Rule 701 or 702
28 Mar 2009
Delay in Asserting Claim as Evidence of Lack of Merit of Claim
27 Mar 2009
Outside Reverse Piercing of Corporate Veil Rejected under California Law — Bi-Directional Alter Ego Doctrine Distinguished
26 Mar 2009
Surveillance Video — Work Product and the Scope of Implied Waiver
25 Mar 2009
Standards for Setting Aside Default Judgment Due to Mistake, Inadvertence, Surprise, or Excusable Neglect — Rule 60(b)(1)
24 Mar 2009
Daubert — Gatekeeper vs. Cross-Examination — Factors
23 Mar 2009
Electronic Discovery — Metadata Discrepancies Warranting Re-Production of Email from Alternate Source in Native Format — Grounds for Obtaining Mirror Image of Hard Drive
22 Mar 2009
Experts — Second Report Not “Supplemental” within Rule 26(e)(1), Just Untimely
21 Mar 2009
RICO — Corporation + Subsidiaries + Respective Officers/Employees ≠ Enterprise
20 Mar 2009
Truth as an Affirmative Defense to Tortious Interference -- Not in Virginia or North Carolina
19 Mar 2009
Res Judicata (Merger) Not a Meritorious Defense Where Parties Agree to Claim-Splitting
18 Mar 2009
Special Masters and E-Discovery
18 Mar 2009
Revised Code of Conduct for Federal Judges
17 Mar 2009
Eighth Anniversary of Firm
17 Mar 2009
Attorney-Client Privilege — Negligent Misrepresentation Claim Does Not Place “at Issue” Advice of Plaintiff’s Counsel, Which Is Relevant on the Issue of Plaintiff's Reasonable Reliance
16 Mar 2009
Civility with Teeth — Inherent Power Sanctions for Failing to Inform Law Firm Defendants of Claim Before Suit — Statutorily-Authorized Fees Withheld
15 Mar 2009
Removal — State Court Pre-Suit Discovery Proceeding Not Removable Based on Diversity
14 Mar 2009
RICO — “Sole Proprietorship” Law Firm as RICO Enterprise, Lawyer as RICO Defendant
13 Mar 2009
Class Actions — Standards for Interlocutory Review under Federal Rule of Civil Procedure 23(f) of Class Certification Orders
12 Mar 2009
Federal Arbitration Act — “Manifest Disregard” After Hall Street — Circuit Split — Fifth Circuit Summary
11 Mar 2009
Federal Arbitration Act — Court Must Look Through the Arbitration Clause to Ascertain Whether Underlying Dispute Confers Federal Jurisdiction — No Federal Jurisdiction Conferred by Counterclaim
10 Mar 2009
Both Adverse Inference and Tort Claim of Spoliation Available for Same Act in New Jersey — Duplicative Recovery Barred
09 Mar 2009
Email Admissibility — Emails Produced in Discovery Are Sufficiently Authenticated by Fact of Production when Offered by Adverse Party But Not by Producing Party
08 Mar 2009
Amicus Curiae — New Arguments and Issues of First Impression Raised by Amici Rather Than Parties Disregarded
07 Mar 2009
Sanctions — Offender’s Ability to Pay Irrelevant under 18 U.S.C. § 1927, Unlike Rule 11
06 Mar 2009
Court Filing Fees and Contingent Future Losses ≠ RICO Injury
05 Mar 2009
Creation of a False Document, as Opposed to Destruction or Alteration of and Existing Document, Does Not State a Tort Claim of Spoliation in Ohio
04 Mar 2009
Sanctions — Premature Service of Discovery Requests Does Not Violate Rule 26(g) or 37(b)(2)
03 Mar 2009
Rules 8(a) and 12(b)(6) — Court Not Obliged to Ferret Through Complaint in Search of Viable Claims, Even in Pro Se Action
02 Mar 2009
Internet Evidence — Web Page from Internet Archive Properly Authenticated by Affidavit
01 Mar 2009