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Avoid “Discovery About Discovery” with Cooperation
22 Nov 2013, 12:15 pm by K&L Gates
”  Rule 26(f)(3)(C). [read post]
Electronic Discovery Law - http://www.ediscoverylaw.com/
Summary Judgment Decision for the Defense in the Propoxyphene Litigation References the Rejection of Market-Share Liability in the DES Litigation
14 Apr 2014, 2:36 pm
Eli Lilly & Co., 113 F.3d 1426, 1431-32 (6th Cir. 1997) (applying Ohio law)). [read post]
Drug and Device Law - http://druganddevicelaw.blogspot.com/
Here is the correct procedure for amending the complaint in the face of a Rule 12 motion
14 Jun 2017, 5:49 am by Second Circuit Civil Rights Blog
Wells Fargo, 797 F.3d 160 (2d Cir. 2015), the Second Circuit said that "The proper time for a plaintiff to move to amend the complaint is when the plaintiff learns from the District Court in what respect the complaint is deficient. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
Visendi v. Bank of America: Ninth Circuit Clarifies Rules for Removal and Joinder in Mass Action
22 Nov 2013, 8:00 am by Steven G. Pearl
Bank of America (9th Cir. 10/23/13) ___ F.3d ___, is an interesting case on removal and joinder of mass actions under the Class Action Fairness Act (CAFA). [read post]
The California Wage and Hour Law Blog for Employees - http://cawageandhourlaw.blogspot.com/
Court denies suppression challenge, finding shareholder and corporate executive did not have reasonable expectation of privacy in employees' offices, employees' computers, or electronic files located on network server, but reverses and remands for new loss calculation in government contracts fraud case
2 Oct 2015, 1:04 pm
§2B1.1 Application Note 3(A) (standard loss definition) or Note 3(F)(ii) (special application note for loss in "government benefit" cases). [read post]
Third Circuit Blog - http://circuit3.blogspot.com/
A government employer's alleged violation of an employee's First Amendment rights depends on whether the employee's speech was made "as an employee" or "as a private citizen"
14 Oct 2022, 5:00 am by Public Employment Law Press
§1983 against the County of Rockland and additional named defendants [Defendants]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Railroad employee may proceed with disparate treatment claim against Metro North
4 Apr 2024, 6:59 am by Second Circuit Civil Rights Blog
Spindler, 65 F.4th 64 (2d Cir. 2023), plaintiff asserts a claim through these allegations. [read post]
Wait A Second! - http://secondcircuitcivilrights.blogspot.com/
A government employer's alleged violation of an employee's First Amendment rights depends on whether the employee's speech was made "as an employee" or "as a private citizen"
14 Oct 2022, 5:00 am by Public Employment Law Press
§1983 against the County of Rockland and additional named defendants [Defendants]. [read post]
New York Public Personnel Law - https://publicpersonnellaw.blogspot.com/
Untitled
18 Aug 2015, 8:33 am by Jon Sands
Black, 733 F.3d 294 (9th Cir. 2013)), which identified six facts for outrageous gov't misconduct: (1) criminal character of defendant; (2) individualized suspicion; (3) gov't role; (4) encouragement; (5) nature of gov't conduct; and (6) nature of crime. [read post]
Ninth Circuit Blog - http://circuit9.blogspot.com/
Fourth Circuit Vacates Certification of Five Classes as "Manifestly Improper"
4 Sep 2014, 8:04 am
  Finding that class certification was “manifestly improper,” the Fourth Circuit granted defendants’ 23(f) petition, vacated the district court’s certification orders, and remanded for further proceedings. [read post]
Class Action Blog - http://www.cfjblaw.com/classactionblog/blog.aspx
Class Action Defense Cases–Archdiocese v. Halliburton: Fifth Circuit Affirms Denial Of Class Action Certification In Securities Fraud Class Action Complaint Against Halliburton
2 Mar 2010, 8:11 pm
Halliburton Co., ___ F.3d ___, 2010 WL 481407, *1 (5th Cir. [read post]
Class Action Defense Blog - https://www.reallaw.us/posts/
Forum Non Conveniens
4 Mar 2015, 4:13 pm by Shahram Miri
F. [read post]
Estate Planning in California - http://calestateplanning.blogspot.com/
Individual Claims Removed Along with Class Claims Retain CAFA Jurisdiction Independent of Any Subsequent Dismissal or Transfer of Class Claims
16 Apr 2013, 8:25 am by McGlinchey Stafford PLLC
  The defendant appealed the order. [read post]
Class Action Fairness Act Blog - http://www.cafalawblog.com/
Peer Pressure? Guidelines Presumptively Reasonable in the Sixth Circuit
31 Jan 2006, 4:39 am
Leonard Williams, -- F.3d --, No. 05-5416 (6th Cir. [read post]
Sixth Circuit Blog - http://circuit6.blogspot.com/
Case o' The Week: Lacivious Is as Lacivious Does, Overton and Child Pornography
20 Jun 2009, 9:58 am
Battershell, 457 F.3d 1048, 1051 (9th Cir. 2006). [read post]
Ninth Circuit Blog - http://circuit9.blogspot.com/
Provisional rights, 35 USC 154(d)
2 Sep 2009, 1:55 am
" Blank, 916 F. [read post]
IPBiz - http://ipbiz.blogspot.com/
Federal Circuit Softly Splits with Seventh, Ruling that a Defendant Cannot Consent to a Jurisdiction To Preclude Application of Fed. R. Civ. P. 4(k)(2)
31 May 2012, 9:00 pm by Louis M. Solomon
Borden Ladner Gervais LLP, 256 F.3d 548 (7th Cir. 2001), which, the dissent says, did in fact permit the defendant to name another jurisdiction and thereby preclude application of Rule 4(k)(2) finding. [read post]
One World International Practice Blog - http://blog.internationalpractice.org/
[Eugene Volokh] "This Is About as Frivolous a Motion to Seal as I Have Seen" [UPDATE: Response from Lawyer Added]
21 Dec 2022, 11:57 am by Eugene Volokh
LSI Corp., 878 F. [read post]
The Volokh Conspiracy - http://www.volokh.com/
Court Orders Adverse Inference for Failure to Prevent Automatic Deletion
30 May 2013, 3:38 pm by K&L Gates
”  Turning to its discussion of “fault,” the court indicated that “[f]ault entails actions deemed ‘objectively unreasonable’” and reasoned that even absent bad faith, the failure to preserve fell “squarely within the realm of conduct deemed to constitute fault. [read post]
Electronic Discovery Law - http://www.ediscoverylaw.com/
C.P.L. 440.10 motion...cont
12 Feb 2014, 2:19 pm
That would have resulted in the fact of said refusal being entered into evidence at trial in accordance with V.T.L. 1194(2)(f). [read post]
New York Criminal Lawyer Blog - http://www.newyorkcriminallawyer24-7blog.com/