Case Management

News & Analysis as of

Nurse Case Managers

Sometimes insurance companies hire nurses to help manage the medical side of your case. These nurses can either attend your appointments or be remote and not attend your appointments. The reason the insurance companies give...more

Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE) [Video]

he Supreme Court is expected to approve a proposed set of revisions to the Federal Rules of Civil Procedure (FRCP), which would go into effect by December of 2015. Are you ready for those changes? In this program, Rimon...more

Proposed Amendments to Federal Rules of Civil Procedure Governing Discovery and Preservation of Electronically Stored Information...

Over the course of the past two years, litigants have faced significant changes to Federal Rules of Civil Procedure that are critical to navigating the federal litigation landscape, include rules governing subpoenas,...more

5 Things to Cover in Your Initial Case Assessment

When a prospective client brings you a case, they’ll want to know immediately what you think. It’s rarely possible or wise to give a firm, unqualified opinion as to the likelihood of success, or even to recommend a particular...more

Resolving the Judicial Manager/Judicial Judge Debate: So What Would Help? Part 4 of a 4-part series

Make meaningful the provisions for summary judgment and motions to dismiss for failure to state a claim. The federal courts have moved in that direction with plausibility requirements for pleadings, and their reversion to...more

Bernstein Shur Business and Commercial Litigation Newsletter #44

We are pleased to present the 44th edition of the Bernstein Shur Business and Commercial Litigation Newsletter. This month, we highlight recent cases that address subpoena enforcement, a rejected class action settlement, and...more

Resolving the Judicial Manager/Judicial Judge Debate: Theories and Fads of Civil Procedure Part 3 of a 4-part series

Now consider the fads, the procedural systems for presenting the case to the courts over the last 100 years. A. Forms Of Action Or Code Pleading. Pleadings were detailed recitations of the facts the lawyer believed or...more

Reasonableness and Proportionality Win Another Fight for Predictive Coding

On July 22, 2014, Judge Joe B. Brown issued a discovery order in Bridgestone Americas, Inc. v. Int’l Bus. Machines Corp. (Case No. 3:13-1196 M.D. Tenn.), in the plaintiff’s favor, allowing the use of predictive coding to...more

Mindful Case Management

We recently litigated and successfully settled an insurance coverage case that offers a model for managing a case thoughtfully. Too often, parties reflexively dive into litigation with its procedural hurdles and delays,...more

More Changes in Delaware: Judge Stark Revises Patent Case Procedures

Chief Judge Leonard P. Stark of the District of Delaware recently issued revised procedures for managing patent cases that are assigned to him. These revised procedures affect nearly every aspect of a case including...more

Does Litigating Make Economic Sense?

One of the most important factors to consider when taking a case is whether the cost of litigating is likely to outweigh the gain. Even if the potential clients are willing to pay your fee, you may better serve them by saying...more

How lawyers can help courts run effectively

Inside courts today, it's budget, budget, budget. Judges are asked to do a lot more with a lot less. Commissioners, court reporters, bailiffs, research attorneys and administrative support are a fond and distant memory....more

The Evolving Role of the E-Discovery Special Master

Judge Richard A. Levie (Ret.) is widely respected for his ability to manage and resolve the most complex cases. As a special master, Judge Levie works with the parties to develop a case management order to move cases forward...more

Court of Appeal Provides Valuable Guidance on Jackson Reforms

Lord Justice Jackson’s recommendations, which were by and large implemented in their entirety and came into force on 1 April 2013, were intended to be “a coherent package of interlocking reforms, designed to control costs and...more

Strategies In Class Action Engagement: Case Management Considerations

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It is important to remind the court frequently that the plaintiffs bear the...more

The Overlooked Characteristic of the Most Effective Business Litigators

When lawyers and laypersons alike think about the qualities of outstanding litigators, certain words and images invariably spring to mind: passionate and zealous oral advocacy; a meticulous and thoughtful strategist; or...more

Lone Pine Orders Called Into Question In Colorado

A Lone Pine order is a case management tool often utilized by courts in complex multi-party toxic tort cases to organize plaintiffs’ claims and to focus the parties on key issues early in the litigation. A Lone Pine order...more

Error to Dismiss for Lack of Prosecution at Case Management Conference

After Plaintiff failed to attend a case management conference, the trial court issued an order which stated in its entirety: Neither plaintiff nor defendant appeared at duly set status conference. Whereas this...more

It’s all relative: What is case management software all about?

Intro - The receptionist buzzed. “A Mr. D____ is calling about a referral.” I ran my mental rolodex. Like many people, I’m terrible with names. But I remember details. Once things click, I remember you went to UCLA,...more

What US Legal Ediscovery Professionals Can Learn from the New UK Rules of Civil Procedure

In the last year, Americans have had a great deal of exposure to our British ally across the pond: we caught glimpses of the Queen’s Diamond Jubilee, we were awed by the London Olympics, and don’t even get us started about...more

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