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Disclosure Requirements Federal Rules of Civil Procedure

Fuerst Ittleman David & Joseph

Federal Litigation Update: The Eleventh Circuit Clarifies When Expert Reports are Required by Fed. R. Civ. P. 26(a)(2)(B).

On August 4, 2023, in Cedant v. United States, No. 21-12661, –F.4th–, 2023 WL 4986402 (11th Cir. August 4, 2023), the Eleventh Circuit clarified who must provide expert reports under Fed. R. Civ. P. 26(a)(2)(B). More...more

Faegre Drinker Biddle & Reath LLP

Can a Treating Physician Opine on Causation? Eleventh Circuit Says It’s About Intent, not Content

Federal Rule of Civil Procedure 26(a)(2) outlines two different sets of pretrial disclosure requirements, imposing more onerous requirements on “retained” than “non-retained” experts. Relatedly, when non-retained expert...more

ArentFox Schiff

Follow the Money: How Litigation Finance May Be Tilting the Scales

ArentFox Schiff on

The US litigation finance industry is valued at over a billion dollars and has continued to grow as potential funders increasingly see litigation as an investment opportunity. Despite the growing presence of litigation...more

Williams Mullen

New Local Civil Rule 7.1 Requiring Disclosure of Citizenship in Diversity Cases Goes into Effect in the United States District...

Williams Mullen on

On December 1, 2022 an amended version of Local Civil Rule 7.1 went into effect in the United States District Court for the Eastern District of Virginia, adding a disclosure requirement for citizenship information in...more

Fish & Richardson

Judge Connolly’s New Standing Order Requiring Disclosure Behind Patent Assertion Entities Is Showing It Has Teeth

Fish & Richardson on

On August 17, 2022, Chief Judge Colm F. Connolly of the District of Delaware issued an order in which he questioned the sufficiency of the plaintiff’s disclosure of financially interested parties in Longbeam Technologies LLC....more

Butler Snow LLP

Turtles All the Way Down? New Amendment Requires Disclosure of Ultimate Ownership of LLCs

Butler Snow LLP on

Whether representing a plaintiff determining where to file a lawsuit or a defendant evaluating whether it can remove a state action to federal court, lawyers are often tasked with determining the citizenship of a party that...more

Holland & Knight LLP

Writing on the Wall for SPAC Underwriters? New SEC Rule Increases Exposure and Risks

Holland & Knight LLP on

Last week, Holland & Knight's experienced Corporate, M&A and Securities Team dove into the details of the SEC's recent rule proposal covering enhanced disclosures for SPACs and de-SPAC transactions. As detailed in the post,...more

Rumberger | Kirk

A Quick Note about Pain and Suffering Disclosures in Federal Court

Rumberger | Kirk on

In federal court, personal injury plaintiffs are required to disclose a computation of each category of damages. Fed.R.Civ.P. 26(a)(1)(A)(iii). Past medical expenses and past lost wages are easy. But for pain and...more

Farrell Fritz, P.C.

Avoiding Judicial Conflicts of Interest: New ComDiv Rule 35 Will Require Corporate Disclosure Statements

Farrell Fritz, P.C. on

Aficionados of Commercial Division practice know that the ComDiv rules originally were — and, as evidenced by an Administrative Order earlier this month, continue to be — modeled after the federal rules.  Efficiency begets...more

White and Williams LLP

Reinsurance Agreements and Initial Disclosures

White and Williams LLP on

A recent decision by a North Carolina federal court adds to a list of cases requiring insurance company defendants in coverage actions to produce reinsurance agreements as part of their initial disclosures under Federal Rule...more

Eversheds Sutherland (US) LLP

A new legal frontier: Navigating the 2021 Texas Rules of Civil Procedure

From rules detailing what must be included in a lawsuit and what discovery is allowed in the lawsuit, to rules outlining the requirements for certain pretrial motions, trials, and post-judgment relief, the Texas Rules of...more

Faegre Drinker Biddle & Reath LLP

Third Circuit Tackles Third-Party Funding Issues in In Re: National Football League Players’ Concussion Injury Litigation

Third-party litigation funding has received increased scrutiny over the past several years, particularly in the context of mass torts, class actions, and multidistrict litigation. Most of this scrutiny has focused on...more

Mintz - Arbitration, Mediation, ADR...

Pre-Arbitration Discovery: Turn to State Law Where the Federal Rules are Inadequate

As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more

Proskauer Rose LLP

ERISA Newsletter - Third Quarter 2017

Proskauer Rose LLP on

Editor's Overview - As we have observed on other occasions, the ERISA class action plaintiffs' bar has, for several years now, honed in on 401(k) plan fiduciaries and their decisions to select and retain investment options...more

Skadden, Arps, Slate, Meagher & Flom LLP

"Third-Party Litigation Financing: Mandatory Disclosure on the Horizon?"

The use of third-party litigation financing — generally defined as the funding of litigation activities by entities other than the parties themselves, their insurers or their counsel — continues to increase in the United...more

Nexsen Pruet, PLLC

Changes to North Carolina's Rule of Civil Procedure 26(b)(4) Regarding Experts

Nexsen Pruet, PLLC on

For cases filed on or after Oct. 1, 2015, in North Carolina state courts, there are new changes to how the parties will approach expert disclosure and discovery. Effective Oct. 1, and applying to cases filed on or after...more

McDermott Will & Emery

ANDA Update - October 2015

McDermott Will & Emery on

Federal Circuit Interprets Statutory Requirements for Biosimilar Regulatory Pathway - Amgen Inc., v. Sandoz Inc., (Fed. Cir. July 21, 2015): In a case of first impression, the U.S. Court of Appeals for the Federal...more

Carlton Fields

SPECIAL FOCUS: Disclosure Of Reinsurance Agreements Under Federal Rule Of Civil Procedure 26

Carlton Fields on

Federal Rule of Civil Procedure 26(a)(1) governs parties’ initial disclosures in litigation in federal courts. Among the things Rule 26 mandates must be disclosed are “any insurance agreement under which an insurance business...more

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