Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
Bill on Bankruptcy: Delaware Garners Almost All Big Chapter 11s
Bill on Bankruptcy: Listening in the Dark at the NCBJ
International Patent Laws – Interview with Julian Crump, Managing Member, Mintz Levin's London, UK Office
Two-Pronged Approach to Defending Lawsuits – Interview with Dominic Picca, Member, Mintz Levin
Patent Mediation – Interview with John Delehanty, Member, Mintz Levin
What to Do When the Government Comes Calling – Interview with Peter Chavkin, Member, Mintz Levin
Bill on Bankruptcy: Unprecedented Actions by Two District Judges
Bill on Bankruptcy: Sex Doesn't Sell Enough to Avoid Bankruptcy
ITC: Protecting Intellectual Property in the US – Interview with Joe Hameline, Member, Mintz Levin
Municipal Bankruptcies – Interview with Bill Kannel, Member, Mintz Levin
Class Action Litigation Reform – Interview with Dan Pascucci, Member, Mintz Levin
Bill on Bankruptcy: LightSquared, the Battle among Hedge Funds
Bill on Bankruptcy: Appeals Court Changes the Law on Fraud
Bill on Bankruptcy: Sandbagging of a Federal District Judge
Bill on Bankruptcy: Detroit Could Mean Little for Creditors
Bill on Bankruptcy: Supreme Court Cases Will Have Wide Impact
Coyle: Robert's SCOTUS Doesn't Respect Congress
Do you know the restrictions for a probationary driver in New Jersey?
Bill on Bankruptcy: The Market's Unquenchable Thirst for Junk
Bill on Bankruptcy: Kodak Plan Bumps the Debt, Craters Stock
Banas v. Volcano, 2013 WL 5513246 (N.D. Cal. Oct. 4, 2013).
In this search dispute, the defendants unilaterally adopted a “triangulation” approach to identifying ESI responsive to the plaintiffs’ requests for...more
Ruiz-Bueno, III v. Scott, 2013 WL 6055402 (S.D. Ohio Nov. 15, 2013).
In this wrongful death case, the plaintiffs moved to compel answers to interrogatories regarding the defendants’ “methods used to search for...more
Digital Vending Servs. Int’l, Inc. v. Univ. of Phoenix, Inc., 2013 WL 5533233 (E.D. Va. Oct. 3, 2013).
In this intellectual property case, the defendants filed a motion for sanctions due to the plaintiff’s alleged...more
I. FLORIDA STATE CASES – SARA WITMEYER & SASHA FUNK GRANAI -
- Implied Warranties of Fitness and Merchantability: warranties apply to improvements that provide essential services to residential subdivision, including...more
Battelle Energy Alliance, LLC v. Southfork Sec., Inc., 2013 WL 5637747 (D. Idaho Oct. 15, 2013).
In this copyright infringement case, the plaintiff sought an ex parte temporary restraining order forcing the defendants...more
When we all return to work from Thanksgivukkah weekend, Federal Rule of Civil Procedure (FRCP) 45, governing non-party subpoenas, will have changed, effective December 1, 2013. To review the new content, follow one or both...more
Who should bear the burden of showing prejudice (or a lack thereof) as a result of spoliation? The innocent party or the spoliating party? This vexing catch-22, which requires proof of what isn’t there, has not only lead to...more
Many potential litigants have been aggressive in their preservation of electronically stored information (ESI) to diminish the risk of spoliation sanctions – a risk driven by courts that have imposed sanctions with little or...more
Kwan Software Eng’g v. Foray Techs, LLC, 2013 WL 5487421 (N.D. Cal. Oct. 1, 2013).
In this case, the plaintiff motioned for a default judgment cued to the defendant’s untimely and inadequate production. The plaintiff’s...more
P.R. Tel. Co. v. San Juan Cable LLC, 2013 WL 5533711 (D.P.R. Oct. 7, 2013).
In this antitrust case, the plaintiff sought an adverse inference instruction against the defendants, who allegedly failed to preserve...more
The Rules Advisory Committee has recommended proposed amendments to the Federal Rules of Civil Procedure that would set guidelines for courts to follow when evaluating a request for sanctions for spoliation of discovery...more
In re Pradaxa (Dabigatran Etexilate) Prods. Liab. Litig., 2013 WL 5377164 (S.D. Ill. Sept. 25, 2013).
In this multidistrict product liability litigation, the Plaintiffs’ Steering Committee (PSC) sought to compel...more
Westdale Recap Props v. NP/I & G Wakefield Commons, LLC, 2013 WL 5424844 (E.D.N.C. Sept. 26, 2013).
In this real estate case, the plaintiffs motioned to compel the defendants to respond further to their requests for...more
SJS Distrib. Sys. v. Sam’s East, Inc., 2013 WL 5596010 (E.D.N.Y. Oct. 11, 2013).
In this breach of contract case, the defendant sought sanctions against the plaintiff. The defendant claimed that over 150 relevant...more
In This Issue:
The Blurred Lines of What Constitutes Copyright Infringement of Music: Robin Thicke v. Marvin Gaye’s Estate; Terminology in a Computer Readable Medium Claim —“Physical,” “Tangible,” or “Storage”— Can...more
Now firmly settled in the digital era, where more and more companies have transitioned to paperless environments and where generation of electronic documents and correspondence is the norm, discovery of electronic data, or...more
For most civil litigants, discovery is an unprecedented invasion of privacy. Private letters, notes to one’s self, off-the-cuff emails, financial details and transactions, photographs, and all other forms of memorializing...more
Ancora Tech., Inc. v. Apple, Inc., 2013 WL 4532927 (N.D. Cal. Aug. 26, 2013). In this patent law case, the plaintiff moved to review the bill of costs previously awarded to the defendant. The court weighed the costs under 28...more
Locals were stunned when a New Jersey Appeals Court held “that a person sending text messages has a duty not to text someone who is driving if the texter knows, or has special reason to know, the recipient will view the text...more
American Home Assurance Co. v. Greater Omaha Packing Co., Inc., 2013 WL 4875997 (D. Neb. Sept. 11, 2013). In this case, the plaintiffs made a motion to compel discovery of emails and other electronically stored information...more
Clay v. Consol Pennsylvania Coal Co. LLC, 2013 WL 4854746 (N.D.W. Va. Sept. 11, 2013). In this racial discrimination case, the plaintiff moved for spoliation sanctions after the defendants failed to provide plaintiff with...more
The increased use of electronic medical records ("EMR") is changing not only the way physicians practice medicine but also the way discovery is conducted in medical malpractice lawsuits. Plaintiffs' attorneys seek to...more
Magistrate Judge Andrew J. Peck has observed that judicial understanding and resolution of ediscovery disputes can benefit from “bring your geek to court day” — where those knowledgeable about ESI issues in a case participate...more
We like our litigation to be decided on the merits. Sanctions motions based on unsupported claims of spoliation create expensive sideshows that distract from the merits. And sometimes – although perhaps not frequently enough...more
Imagine an app that lets you send 10-second picture messages… and then the pictures get deleted forever. Welcome to SnapChat, the app allegedly used by Wall Street moguls for insider trading and a platform for new fashion...more