Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Jul
31 Jul 2009
Website Summaries of Judicially-Noticeable Government Documents Satisfy 803(17)
30 Jul 2009
Counsel’s Undisclosed Change of Flight Plans, Requiring Opponent to Split Deposition into Two Days, Constitutes "Impeding, Delaying, or Frustrating" Deposition within Fed.R.Civ.P. 30(d)(2), Triggering Award of Attorneys' Fees and Costs
29 Jul 2009
Less Stringent Review Accorded Pro Se Complaint Even After Twombly and Iqbal — But Not When Filed by Disbarred Lawyer
28 Jul 2009
Failure to Afford 21 Days’ Notice of Rule 11 Motion Requires Denial — Warning Letter Is No Substitute for a Motion
27 Jul 2009
In Awarding Statutory Attorneys' Fees, Court May Consider that Verdict was Substantially Less than Pretrial Settlement Offer in Assessing Success
26 Jul 2009
Electronic Discovery — Sweeping Requests for Metadata as a Waste of Time and Money
25 Jul 2009
RICO Claims Not "Preempted" by Fair Labor Standards Act — Caselaw Split
24 Jul 2009
Computer Hacker Who Trades on Illicitly-Obtained Information May Violate § 10(b) Even Though Hacker Breaches No Fiduciary Duty — Circuit Split
23 Jul 2009
Absolute vs. Limited Protection for Opinion Work Product — Caselaw Split
23 Jul 2009
Senate Bill Introduced to Reverse Twombly and Iqbal
22 Jul 2009
Second Circuit Recognizes that Initial Complaint May Warrant Sanctions under 28 U.S.C. § 1927
21 Jul 2009
Waiver of Work Product Protection by Disclosure in Settlement Discussions — Waiver as to One Defendant Effects Waiver as to All
20 Jul 2009
PSLRA Mandates Rule 11 Inquiry Even If Securities Litigation Dismissed on State Law Grounds — Circuit May Make Determination without Remand
19 Jul 2009
Willful Disobedience of Court Order Warrants Case-Ending Sanction Where Obedience Is within the Party’s Control
18 Jul 2009
Expert Testimony into State of Mind or Motivation of an Individual as Inadmissible
17 Jul 2009
Inherent Power Sanctions — Appeal Dismissed for Appellant’s Failure to Pay Sanction Imposed in Prior Action
16 Jul 2009
Government Website as Self-Authenticating
15 Jul 2009
Spoliation — Trigger Date for Preservation Duty — Timeliness of Motion
14 Jul 2009
Interlocutory Appeal under 28 U.S.C. § 1292(b) — Merely Because Issue is One of First Impression Does Not Necessarily Mean that There Is a Substantial Ground for Difference of Opinion
13 Jul 2009
RICO — Proximate and Intervening Cause as Matters of Law for the Court
12 Jul 2009
Contractual Warranties under New York Law — Reliance on Warranty Despite Knowledge of Falsity of Warranted Information Permitted
11 Jul 2009
Absent Class Members’ Right of Access to Class Counsel’s Files Depends on Their Stake in the Outcome and Demonstrable Need for the Materials
10 Jul 2009
“Settlement Payment” Doctrine — Exemption from Bankruptcy Avoidance — Extends to Privately-Traded Securities Acquired in Leveraged Buyout; Caselaw Split
09 Jul 2009
Dismissal of State Law Claim for Lack of Subject Matter Jurisdiction — with State Court Remaining an Open Alternative — Is Not a Favorable Termination Permitting an Award of Costs under Fed.R.Civ.P. 54(d)
08 Jul 2009
Sanctions under the PSLRA — Error Not to Consider Viability of Each Plaintiff’s Claim against Each Defendant — Attorneys’ Fees for Entire Litigation Awarded
07 Jul 2009
Limits of the Sham Affidavit Doctrine
06 Jul 2009
Evidence of Spoliation Admissible to Show Consciousness of Guilt under Fed.R.Evid. 404(b)
05 Jul 2009
Sanctions — Blame-Shifting — Good Quote and an 1871 Cartoon
04 Jul 2009
Work Product Protection Waived by Contract — Waiver of Privilege vs. Waiver of Work Product
03 Jul 2009
RICO — Same Act Cannot Constitute Both Predicate Offense and Requisite Investment within § 1962(a), as Investment Injury Must Be Distinct from Pattern Injury
02 Jul 2009
New York Recognizes a Claim for Fraudulent Misrepresentation and Concealment Based on Intentional Spoliation by Third Party Subpoena Recipient Even Though State Rejects an Independent Tort of Third-Party Negligent Spoliation
01 Jul 2009