Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2010 Feb
28 Feb 2010
No Tort Cause of Action for First-Part Spoliation in Vermont — Erie Prognosis
27 Feb 2010
Extraterritorial Application of U.S. Securities Laws — Conduct Test in Second Circuit — Rule 12(b)(1) Standards
26 Feb 2010
Clergy-Communicant Privilege Not Waived by Presence of Third Parties
25 Feb 2010
Summaries & Fed.R.Evid. 1006 — As Long as Underlying Documents Are Made Available to Opponent, Database Containing Them Need Not Be
24 Feb 2010
Witness’s Review of Privileged Notes of Conversations Before Deposition Waived Privilege — Production Ordered Under Fed.R.Evid. 612(2)
23 Feb 2010
12(b)(6) Motions — Limitations Defense Properly Considered on Dismissal Motion — Documents the Court May Consider
22 Feb 2010
Denial of Sanctions Affirmed Where Party “Substantially Complied" with Discovery Orders
21 Feb 2010
Measuring Veracity for Securities Fraud Purposes
20 Feb 2010
SEC vs. Private 10b-5 Actions — Differences in Elements — Does the PSLRA Inferentially Demonstrate That Recklessness Is Enough?
19 Feb 2010
Tripartite Arbitration Panel’s Ex Parte Session with Expert Did Not Violate Federal Arbitration Act or Vitiate Award — Test Is Fundamental Fairness — Prejudice Required for Violation of § 10(a)(3) of FAA
18 Feb 2010
RICO § 1962(a) and (b) Requirements
17 Feb 2010
Motions for Reconsideration under Rule 59(e) — Standards — Third Circuit
16 Feb 2010
Sanctions — PSLRA Mandatory Rule 11 Review Triggered by Summary Judgment on Federal Securities Claims Even If Pendent State Law Claims Dismissed without Prejudice
15 Feb 2010
Substantive Causation Requirements Do Not Control the Admissibility of Expert Evidence Offered on the Issue of Causation
14 Feb 2010
Sovereign Immunity — Education Department Immune from FDCPA Suit Relating to Student Loan — Unequivocal Congressional Waiver Required
13 Feb 2010
Post-Judgment Amendment of Complaint
12 Feb 2010
“Something More” Is Not Required for Parent + Subsidiary to Constitute a RICO Enterprise — Circuit Split
11 Feb 2010
Inherent Power — Professional Plaintiff Cannot Show Good Faith by Claiming Reliance on Advice of Counsel, Particularly when Reasserting Claims Repeatedly Rejected by Other Courts
10 Feb 2010
Applying Daubert and Rule 702 to Historians' Testimony
09 Feb 2010
Electronic Fund Transfers at Intermediary Bank Are Not Subject to Attachment to Secure Payment of International Arbitration Award, Even After ETFs Converted to Cash Deposits — Independent Jurisdiction over Arbitral Defendant Required
08 Feb 2010
Removal — Fourth Circuit Adopts Last-Served Defendant Rule, Distinguishing Prior Adoption of First-Served Defendant Rule as Dicta
07 Feb 2010
How Not to Authenticate Website Evidence
06 Feb 2010
Traditional vs. Advisory Mandamus — Appropriateness of Allocating Portion of Settlements in MDL to Lead Counsel
05 Feb 2010
CAFA — If Class Isn’t Definitionally Limited to State Citizens, Plaintiffs Must Offer Evidence to Establish Home State Exception — Or Define Class in Such a Way as to Insure It
04 Feb 2010
Bankruptcy Court Power to Impose Inherent Power and § 1927 Sanctions
03 Feb 2010
PSLRA — Issuance of Press Releases by Putative Lead Plaintiff’s Counsel Does Not Necessarily Mean the Suit is Lawyer Driven or that the Plaintiff Is Inadequate — District Court Discretion over Selection of Lead Counsel
02 Feb 2010
Second Circuit Panel Unable to Agree as to whether Magistrate Judges May Impose Rule 11 Sanctions — Circuit Split
01 Feb 2010