Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2009 Sep
30 Sep 2009
Burford Abstention Inappropriate for Local Ordinance — Burford’s Focus Is State, Not Local Policy — Circuit Split
29 Sep 2009
When Is a Bond Not a “Security?”
28 Sep 2009
Rule 41(a)(1)(A)(ii) Stipulation of Dismissal Is Effective without Court Order Only If Stipulation Is Executed by All Parties Who Have Appeared in Action — Not Just Parties Remaining at Time Stip Signed
28 Sep 2009
Supreme Court to Decide Whether Discovery Order Holding Privilege Waived Is Immediately Appealable as a Collateral Order
27 Sep 2009
Experts — Suicide-by-Cop Theory Satisfies Daubert
26 Sep 2009
Effective 12/1/09, the District Court Is Empowered to Rule Provisionally on Motions Filed after Notice of Appeal Is Filed
25 Sep 2009
Effective 12/1/09, CAFA Typo re: Appeal Timing Fixed
24 Sep 2009
Spoliation — Adverse Inference Inadequate and Awkward in Bench Trial — Results of Testing Precluded at Trial and on Summary Judgment and Daubert Motions
23 Sep 2009
In Judging Futility of Amendment of Complaint, Court Considers All Possible Amendments, Not Just Proposed Amended Complaint — Standards for Denial of Leave to Amend and for Reconsideration Motion
22 Sep 2009
RICO — Direct vs. Derivative Injury — Shareholder in Close Corporation
21 Sep 2009
Internet, Cell Phones, Blogs, BlackBerrys — and Jurors
20 Sep 2009
Tax Accrual Workpapers, Prepared by Lawyers and Others to Support Tax Reserves, Are Not Entitled to Work Product Protection — First Circuit En Banc (5-2)
19 Sep 2009
Credit Crisis Litigation -- ABA Litigation Section National Institute -- October 23, 2009, New York
19 Sep 2009
Email Authentication — The “Reply Letter” Doctrine Applied to Email
18 Sep 2009
Effective 12/1/09, Immediate Summary Judgment Motions Permitted in Federal Court
17 Sep 2009
Effective 12/1/09, Amendments to Pleadings Following Dismissal Motions Must Be Filed within 21 Days of Motion
16 Sep 2009
Amended Complaint Containing Dismissed Claims Warrants Rule 11 Sanctions Even If It Also Contains New, Non-Frivolous Claims
15 Sep 2009
Sanctions — General Objections Not Improper — Rule 37(c)(1) Inapt as to Lawyers — No Privilege Log for Post-Filing Communications — Parent Company Not Responsible for Subsidiary's Sins — Improper for One Judge to Recharacterize Ruling of Another
14 Sep 2009
New Article -- Electronic Discovery and Other Problems
13 Sep 2009
Second Circuit Declines to Extend Akin-to-Contempt/Bad Faith Standard for Sua Sponte Rule 11 Sanctions — Holds that PSLRA Trumps Pennie & Edmonds
12 Sep 2009
RICO Post-Bridge: Someone Must Rely on Mail Fraud to Cause Plaintiff to Suffer RICO Injury
11 Sep 2009
Colorado Would Not Recognize an Independent Tort of Spoliation — Erie Prognosis
10 Sep 2009
Email — Business Practice as Business Duty for Business Records Exception Purposes
09 Sep 2009
Summary Exhibits — Calculations by Non-Expert Permitted under Federal Rule of Evidence 1006
08 Sep 2009
Federal Jurisdiction — “Related to” Bankruptcy Jurisdiction under 28 U.S.C. § 157
07 Sep 2009
Computer-Generated Animation Offered to Depict Witnesses' Memories Must be Authenticated as Accurate by Those Witnesses
06 Sep 2009
Spoliation — Just When Is Litigation “Reasonably Anticipated,” Triggering the Duty to Preserve Evidence?
05 Sep 2009
§ 1927 Sanctions Imposed on Non-Lawyer, Pro Se Litigant
04 Sep 2009
Scienter Required of Mail Fraud Predicate Precludes Certification of RICO Class Action
03 Sep 2009
Electronic Discovery — Presumption against Production of Metadata vs. Specific Need
02 Sep 2009
In Multiparty Action, Supplemental Jurisdiction Retained over One Defendant as to Whom All Federal Claims Have Been Dismissed Where State Claims Are Related to the Federal Claims Against Other Defendants — PSLRA RICO Bar
01 Sep 2009