Evidence, Counterclaims

Courts Should Not Issue FROs To Address Parenting Issue

Fox Rothschild LLP on 2/2/2024

Going back more than three decades, there are Appellate Division cases that offer caution about the abuse of the domestic violence statute to get a leg up in an impending or pending divorce or custody matter. At around the...more

The Saiber Construction Law Column: October/November 2023

Saiber LLC on 11/16/2023

The duty to preserve litigation evidence arises when a party in possession of evidence knows that litigation by a party seeking the evidence is pending or probable, and the party in possession of the evidence can foresee the...more

Stupid plaintiff tricks: Faking emails to win

Constangy, Brooks, Smith & Prophete, LLP on 3/10/2023

People, it doesn't work. There was a court decision last week from my home state of North Carolina that left me shaking my head. A social worker sued her ex-employer, a non-profit, claiming (among other things) that she...more

Security for Costs, Foreign Claimants and Failure to Disclose Evidence of Assets

Conyers on 7/29/2022

A recent decision from the English High Court has highlighted the importance of disclosing details of assets when seeking to resist orders for security for costs against a non-resident claimant. In Ras Al Khaimah Investment...more

CEQA Plaintiffs Beware: Meritless Lawsuits May Be Subject To Counter-Claims for Malicious Prosecution

Downey Brand LLP on 5/24/2021

In Jan Dunning et al. v. Kevin K. Johnson, APLC et al., the Fourth District Court of Appeal held that a developer and property owner could pursue its claims against a neighbor and project opponent for malicious prosecution...more

Gull Wing Takes Flight, Pleading Gets Stricken

Farrell Fritz, P.C. on 12/23/2019

In litigation, the term “spoliation” generally refers to loss or destruction of evidence. Spoliation can involve physical evidence, paper documents, or electronic data. Spoliation can be intentional or unintentional....more

Fresh From the Bench: Precedential Patent Cases From the Federal Circuit

Schwabe, Williamson & Wyatt PC on 5/17/2017

Our report includes discussions of six of the precedential cases decided in the past week and will include the other three cases in next week’s report. In Aylus v. Apple, the panel finds prosecution disclaimer in a...more

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