Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Jun
30 Jun 2009
Improper Ex Parte Correspondence with Court — Intended to Influence Proceedings — Is a Sanctionable “Other Paper” within Rule 11
29 Jun 2009
Retroactive Agency Action — Cases of First Impression — Competing Validity Tests
28 Jun 2009
Whether Spoliation Was Committed in Bad Faith Is Properly Left to Jury in Jurisdictions in Which Bad Faith Is Prerequisite to an Adverse Inference Instruction
27 Jun 2009
Termination of Employment of Non-Party for Dishonesty Admitted under Rule 608
26 Jun 2009
The Odds Against a Civil RICO Plaintiff
25 Jun 2009
When Loss of Earnings May, and May Not, Be Recovered under RICO
24 Jun 2009
Sanctions Denied Where Rule 11 Motion Served More Than a Year Before It Was Filed —Despite Absence of Time Limit in Rule, Perhaps Too Long a Delay in Filing
23 Jun 2009
Experts — When an Evidentiary Daubert Hearing Is Unnecessary
22 Jun 2009
Excusable Neglect (Untimeliness) — Factors — Departure from Local Rules
21 Jun 2009
Judicial Review of Presidential Proclamations under the Administrative Procedure Act
20 Jun 2009
Family Members in Family-Owned Business Owe Fiduciary Duties to Each Other
19 Jun 2009
Grable-Based Federal Jurisdiction Not Conferred by Potentially Unconstitutional Punitive Damages Claim Authorized by State Statute
18 Jun 2009
Notice of Appeal of Final Judgment Preserves for Review All Interlocutory Orders, Incluiding Order Excluding Expert Testimony under Rules 26(a)(2)(B) and 37(c)(1)
17 Jun 2009
Public Records on Dismissal Motions — Eighth Circuit
16 Jun 2009
Supreme Court Decisions Affecting Federal Civil Practice — 2009
15 Jun 2009
Reverse 404(b) Evidence — Character of Non-Party
14 Jun 2009
Experts — Reliance on the Reports of Others
13 Jun 2009
American Pipe — Unlike Equitable Tolling Doctrines — Does Toll Statutes of Repose
12 Jun 2009
RICO — Nationwide Jurisdiction under 18 U.S.C. § 1965 — Circuit Split
11 Jun 2009
Inherent Power Sanctions for Failure to Comply with Scheduling Order Do Not Require Showing of Bad Faith
10 Jun 2009
Work Product Protection as Applicable Only to Parties and Inapplicable Even to Non-Parties Litigating a Related Action
09 Jun 2009
Arbitration — Order of Priority of the Federal Arbitration Act, New York Convention and Inter-American Convention (Chapters 1, 2 and 3 of Title 9)
08 Jun 2009
Authentication of Chat Room Evidence
07 Jun 2009
Rule 701 vs. Rule 702 — Lay Opinion Testimony — Is the Absence of Expertise an Advantage?
06 Jun 2009
Contractual Designation of State’s Law as Governing Does Not Evidence Parties’ Intent to Preclude Application of Federal Arbitration Act
05 Jun 2009
RICO Standing Unaffected by Plaintiff’s Post-Injury Change of State of Incorporation — RICO Conspiracy Claim Contingent on Viable Substantive Claim
04 Jun 2009
Trustee of Litigation Trust Succeeds to Attorney-Client Privilege of Creditors’ Committee for Reports Prepared by Committee Counsel — Common Interest and Work Product also Extend to Reports
03 Jun 2009
Cross-Examination of Expert Using Treatise to be Authenticated by Subsequently-Testifying Expert
02 Jun 2009
Sanctions — Unasserted, After-the-Fact Rationale Insufficient to Defeat Rule 11 or § 1927 Sanctions — Vicarious Liability
01 Jun 2009