Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2010 Jan
31 Jan 2010
Email Authentication Other than through the Author
30 Jan 2010
Standards for Proving “Deliberate Ignorance” to Establish Knowledge — Collective Knowledge Not Appropriate to Establish Subjective Intent
29 Jan 2010
Supplemental Jurisdiction Over Issues of First Impression under European Antitrust Law Declined
28 Jan 2010
Inherent Power, But Not §1927, Sanctions Appropriate for Pre-Litigation Misconduct — §1927 Sanctions Imposable on Pro Se Lawyer Representing Self
27 Jan 2010
RICO — Even Boyle’s Generous Definition of “Enterprise” Unsatisfied
26 Jan 2010
“Zubulake Revisited: Six Years Later” — Excerpts from Judge Scheindlin’s Major New Electronic Spoliation Sanctions Decision
25 Jan 2010
Neither Jury Demand Nor Non-Core Character of Action Necessitate Withdrawal of Reference to Bankruptcy Court, At Least Not Immediately
24 Jan 2010
Plaintiff May Not Amend Complaint Via Arguments in Brief Opposing Summary Judgment
23 Jan 2010
The Real Peril in Overreaching in Argument
22 Jan 2010
Diversity Jurisdiction — Where Administration of Trust Attacked, Fiduciary Breach Alleged and Removal of Trustee Sought, Amount in Controversy Properly Determined by Reference to Corpus of Trust — Circuit Split
21 Jan 2010
Settlement Payments Doctrine Exempts from Avoidance Commercial Paper Redemptions Made Through DTC — Rule of the Last Antecedent
20 Jan 2010
§ 12(a)(2) Claims Subject to Rule 9(b) Requirements — Caselaw Split
19 Jan 2010
Res Judicata, as Affirmative Defense, Should be Raised by a 12(c) Motion for Judgment on the Pleadings, Not a 12(b)(6) Dismissal Motion — Claim-Splitting — Illinois’ Single-Refiling Rule
18 Jan 2010
New York Judiciary Law § 487 Not Limited to Attorney Misconduct in Courts within the State of New York — Second Circuit Limitation Rejected by Bronx Supreme
17 Jan 2010
Electronic Spoliation — Purpose and Limitations of Rule 37(e)
16 Jan 2010
Tests for Finding Spoliation and Determining Sanctions — Third Circuit
15 Jan 2010
Pre-Removal State Court Sanction Treated as if Entered by Federal District Court — “Reconsideration” Denied — Law of the Case Doctrine (Good Quote)
14 Jan 2010
RICO — Activities of Enterprise, Not Each Predicate Act, Must Affect Interstate Commerce
13 Jan 2010
To Determine a “Mass Action” within CAFA, the Court Does Not Pierce Corporations and Partnerships to Count Beneficial Owners, Not Even in Derivative Actions
12 Jan 2010
Federal Jurisdiction over State Law Legal Malpractice Claim that Raises a Substantial, Contested Question of Patent Law that Congress Intended for Resolution in Federal Court
11 Jan 2010
Advising Client to Pursue Litigation in Allegedly “Biased” Court Does Not Constitute Legal Malpractice — Conflict of Interest States No Claim Absent Damages
10 Jan 2010
Implied Waiver of the Attorney-Client Privilege — Assertion of Good Faith Defense and Mention of Consultation with Counsel
09 Jan 2010
What Constitute “Substantial Grounds for Difference of Opinion” for Purposes of 28 U.S.C. § 1292(b) — Second Circuit Standards
08 Jan 2010
Sanctions — An Argument May be Frivolous Even If It Concerns a Matter of First Impression
07 Jan 2010
FOIA — Second Circuit Recognizes Glomar Doctrine, Allowing Agency to Refuse to Confirm or Deny the Existence of Records Where to Do So Would Cause Harm Cognizable under FOIA — In Camera Review Unnecessary If Affidavits Sufficient
06 Jan 2010
RICO — Distinctiveness Requirement of § 1962(c) Held Unsatisfied Where Defendants = Constituents of Enterprise
05 Jan 2010
Where Expert Testimony Depends on Disputed Factual Testimony, Proper Procedure Is to Introduce the Disputed Witness Testimony First and then Frame the Expert Questions as Hypotheticals
04 Jan 2010
Enforcing Injunction Against Non-Party — Terms of Service Inadequate to Link Website Provider to Poster of Defamatory Statements Sufficiently to Subject Provider to Injunction
03 Jan 2010
The Fiduciary Exception to the Attorney-Client Privilege — History and Circuit Survey
02 Jan 2010
The Ten Most Important Developments in Federal Civil Practice in the 00s
01 Jan 2010