Civil Procedure

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News & Analysis as of May 23, 2013

Comcast Corp. v. Behrend: Courts Must Assess Merits of Plaintiffs’ Damages Evidence at Class Certification

by Jacob Harper, Rebekah Kaufman | Morrison & Foerster LLP on 3/29/2013

Yesterday, in Comcast Corp. v. Behrend, 569 U.S. __ (2013), the Supreme Court answered a looming class certification question left open by Wal-Mart Stores, Inc. v. Dukes, 564 U.S. __ (2011): whether a putative class action...more

OSHA Announces Whistleblower Protections Under The Affordable Care Act

by Elina Basham | Akerman Senterfitt on 3/7/2013

The Affordable Care Act (ACA)'s whistleblower provisions may present a hazard for unsuspecting employers. On February 27, 2013, the Department of Labor's Occupational Safety and Health Administration (OSHA) released an...more

Judicial Fact Finding Increasing in Class Action Certification Hearings

by Peter Bauman - Senior Associate at Tharpe &... on 1/8/2013

Class action certification under the Federal Rules of Civil Procedure (“FRCP”) only permit a class action if, among other things, “there are questions of law or fact common to the class.” (FRCP 23) This means that trial...more

Legal Byte: Citing to unpublished appellate opinions: may I?

by Alan Goldberg on 8/14/2012

Legal Byte: Judicial notice can get you around the "no-citation" rule to cite to unpublished appellate opinions to support your analysis. ...more

How should I prepare before filing a lawsuit?

by George Bourguignon on 11/21/2011

If you are considering filing a lawsuit or whether to accept a settlement offer to resolve a lawsuit or potential claim, you want to read this post. Understand some possible ramifications of litigation before taking your...more

Are my emails sent from work protected by the attorney-client privilege?

by George Bourguignon on 1/3/2010

So you have sent email messages to your lawyer or to prospective lawyers from work and now you are wondering whether they will remain confidential by the attorney-client privilege. Better take a look. Contact: George E....more

Sun Tzu, Lao Tsu Using yin and yang to help make your cases stronger.

by Bill Daniels on 9/1/2008

Yin and yang are, of course, Chinese archetypes describing two opposing aspects of a single common principle. Yin is generally characterized as soft, slow, tranquil and gentle, while Yang is hot, restless, hard and rapid. ...more