Read Civil Procedure updates, alerts, news, and legal analysis from leading lawyers and law firms:
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Serving Legal Documents Through Social Media
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Bill on Bankruptcy: Sigmund Freud, Marx Brothers, Bernie Madoff
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Arbitration - An Alternative to Litigation for Dispute Resolution
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Newsbreak: Surprising Results in Three Cases
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Newtown Shootings Could Give Rise to More Litigation, Says Pinsky
Bill on Bankruptcy: Big Surprises For AMR, MF Global Creditors
Grassley: HSBC Should Face Criminal Charges
Social media postings, messages and records are subject to discovery in lawsuits. But like other forms of discovery, there are limits.
Courts don’t like fishing expeditions and will use state and federal laws to deny...more
Another Ontario Superior Court judge has ordered an MVA plaintiff to preserve, print, and produce to the defendant her Facebook photographs....more
An Ontario Superior Court judge has ordered a plaintiff to re-attend an examination for discovery to answer questions about photographs of himself that he posted on his Facebook or MySpace pages. He also ordered the...more
A FSCO arbitrator has ordered a claimant to produce to the insurer all photographs with her image posted to her Facebook profile (including any limited-access or private portion of her profile) for the period May 5, 2008 to...more
There is little doubt that the insurance industry will be seeing increased claims from insureds facing “cyber liability”. Insurers responding to such claims need to turn their minds to coverage issues for...more
Three Facebook and MySpace accounts were sought just one month prior to Trial. Motion denied, with leave not being granted to bring this motion after service of the Trial Record. ...more
Plaintiff's Facebook profile, title "The Jill Murphy Fan Club" had 366 "friends". Plaintiff sought damages for fibromyalgia and TMJ disorder and put her pre-accident activities into evidence. Facebook disclosure ordered. ...more
Plaintiff with over 200 "friends" in Facebook, on an account marked "private", was ordered to produce his entire Facebook profile to the defence in his car accident lawsuit. ...more
In a published decision, the Michigan Court of Appeals has interpreted the meaning of the statutory 180-day period within which a person has to file a complaint for a violation of the Freedom of Information Act (FOIA). The...more
Article by ICBC Injury Claims Lawyer Erik Magraken discussing Court ordered "Independent" Medical Exams in BC Injury Claims and the law regarding multiple exams and the standard of judicial review to overturn a Master's...more
Article by BC Personal Injury Claims Lawyer Erik Magraken discussing the implied undertaking of confidentiality when private information is shared with opposing counsel in a BC Personal Injury Lawsuit, specifically an ICBC...more
Article by ICBC Injury Claims Lawyer Erik Magraken discussing video surveillance in BC personal injury claims and disclosure obligations of defendants.
This article is authored by British Columbia personal...more
Article by ICBC Injury Claims Lawyer Erik Magraken discussing ICBC right to contact treating physicians when a person advances an injury claim either under Part 7 of the Insurance Vehicle Regulation or in...more
For professional "fact-gatherers" such as lawyers, insurance adjusters, claims handlers and private investigators, the vast wealth of information that people volunteer on Facebook can be a goldmine or a...more
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