Federal Rules of Civil Procedure

News & Analysis as of

Are you Certifiable?

It is not unusual for opposing counsel to demand that you “certify” that your client’s document production is complete and correct. What does this mean? Are you required to do it? The issue often arises in...more

Noteworthy Changes to the Federal Rules of Civil Procedure Regarding E-Discovery

The proposed amendments to the Federal Rules of Civil Procedure (“Rules”) we have all been waiting for have finally been approved by the Committee on Rules of Practice and Procedure (“Standing Committee”). Before these...more

D.C. Circuit Court Clarifies Scope of Attorney-Client Privilege in Internal Investigations

On June 27, 2014, the United States Court of Appeals for the District of Columbia Circuit issued an opinion clarifying the application of the attorney-client privilege in internal investigations. ...more

Standing Committee Approves Proposed Revised Rule 37(e)

The Committee on Rules of Practice and Procedure (Standing Committee) recently approved a revised Rule 37(e), which is intended to establish greater uniformity in the ways federal courts respond to the loss of electronically...more

The Class Action Chronicle - Summer 2014

In This Issue: - Avoiding Class Certification Through an Offer of Judgment - CLASS CERTIFICATION DECISIONS: ..Decisions Granting Motions to Strike ..Decisions Denying Motions to Strike...more

Amendments to the Federal Rules of Civil Procedure Aim to Reduce the Costs and Burdens of Discovery

Organizations involved in litigation—as well as those navigating their obligation to preserve information for potential litigation—are likely to benefit from the proposed amendments to the Federal Rules of Civil Procedure...more

Third Circuit Adopts Relaxed Pleading Standard for False Claims Act Cases

The United States Court of Appeals for the Third Circuit recently rejected the strict approach taken by many federal circuit courts to Federal Rule of Civil Procedure 9(b) that requires a qui tam relator bringing a False...more

Nevada Supreme Court Reaffirms and Clarifies Sands Corp. Decision on Waiving Attorney-Client Privilege and the Work-Product...

Recently, we released a legal alert discussing the Nevada Supreme Court’s decision in Las Vegas Sands Corp. v. Eighth Jud. Dist. Ct., 130 Nev. Adv. Op. 13 (February 27, 2014), which addressed the intersection of NRS 50.125...more

DRI Continues its Advocacy for Improvements to the Civil Justice System

Times change and so must our rules of civil procedure. DRI is a leader in the process of public and written comment to the proposed amendments to the Federal Rules of Civil Procedure. The federal Advisory Committee on...more

Proposed Amendments to the Federal Rules of Civil Procedure Clear Another Hurdle

Earlier this year, we provided an update on the proposed amendments to the Federal Rules of Civil Procedure. Subsequently, the Advisory Committee on Civil Rules submitted a slate of modified proposed amendments to the...more

Seventh Circuit Opinion Demonstrates the Importance of Engaging an Appellate Attorney When the Right to Appeal Is on the Line

The recent opinion of the U.S. Court of Appeals for the Seventh Circuit in Banks v. Chicago Board of Education, 13-2018, N.D. Ill, E. Div. (April 24, 2014), illustrates the importance of engaging an appellate attorney to...more

West Virginia District Court Certifies Rule 23(b)(3) Class Of Plaintiffs Alleging Violations Of Fair Credit Reporting Act Section...

The U.S. District Court for the Southern District of West Virginia certified a Rule 23(b)(3) class, holding that the class was sufficiently ascertainable and satisfied the requirements of Rule 23(b)(3). Plaintiff’s class...more

Respond with Caution! Responses to Discovery "Subject to the Stated Objections" May Waive Your Client's Objections

A growing number of federal courts have confirmed that the once-common discovery practice of asserting an objection followed by a bare "conditional" response, i.e., stating that "Subject to and without waiving the stated...more

The "Villain's" Reply: Judge Posner Defends His Experiment in Chambers

We last wrote about Mitchell v. JCG Industries, No. 13-2115 (7th Cir. Mar. 18, 2014), in mid-March, when one judge on the panel (all suspected Judge Posner) confirmed his “intuition” that plaintiffs in a donning-and-doffing...more

The New IDR Process: How to Prepare Your Boss

In this presentation: - New IDR Process - Issuance of IDRs - IDR Response Best Practices by Taxpayers - IDR Extensions - New IDR Enforcement Process - Countdown to Summons - Summons Enforcement Proceeding -...more

Second Circuit Applies Morrison v. National Australia Bank to Allow Certain Extraterritorial Application of RICO

In European Community v. RJR Nabisco, Inc., Case No. 11-CV-2475 (2d Cir. Apr. 23, 2014), the United States Court of Appeals for the Second Circuit held that the Racketeer Influenced and Corrupt Organizations (“RICO”) statute,...more

Proposed Changes to Civil Rules Could Limit Scope of eDiscovery

The Advisory Committee on Civil Rules recently approved amendments to the Federal Rules of Civil Procedure addressing, among other things, eDiscovery. Although some of the Advisory Committee’s proposed revisions lessen the...more

Carnegie Mellon v. Marvell: District Court Declines to Liquidate Ongoing Royalties into Final Judgment

Having obtained a $1.5 billion judgment and an ongoing royalty against Marvell, Carnegie Mello University ("CMU") sought to liquidated the ongoing royalty amount in the Final Judgment. In response, Marvell argued that the...more

Fast Five: Rhode Island Appellate Practice - April 2014 (2)

1. NOTICES OF APPEAL MUST BE FILED WITHIN 20 DAYS. As a general matter, a notice of appeal must be filed within 20 days of “the date of the entry of the judgment, order, or decree appealed from.” R.I. Sup. Ct. R. App....more

J.M. Smucker Company Gets Out of a Jam in Food Labelling Case

On April 15, 2014, in the case Caldera v. The J.M. Smucker Co., CV 12-4936-GHK, J.M. (C.D. Cal.), Smucker Company (“Defendant”) defeated the plaintiff’s motion for class certification in a case challenging the labels on...more

FRCP Amendments: The Long and Winding Road

Just like in the Beatles song, the long and winding road leading to Federal Rules of Civil Procedure (FRCP) amendments took another turn on April 10th and 11th when the Advisory Committee considered the proposed rules package...more

E-Discovery Neutrals – Four Questions

As electronic discovery issues permeate all kinds and sizes of litigation and arbitration, there are a minimum of four questions counsel should, and judicial officers might, consider in determining whether use of an...more

Proposed Amendments to the Federal Rules Aim to Lessen Burden of Discovery

Proposed amendments to the Federal Rules of Civil Procedure are set to take effect on December 1, 2015, with significant changes to the scope of discovery and the duty to preserve relevant evidence. The amendments are aimed...more

Plus-Sized e-Discovery for Medium-Sized Firms

In cases involving large amounts of electronically stored information (ESI), those of us at mid-sized or smaller firms may sometimes feel a little out-gunned when the requests for production and documents start flying. While...more

Class-Action Plaintiffs Must Offer Evidence Showing That They Meet Class-Certification Requirements

A recent decision denying certification of a securities-fraud class action underscores that plaintiffs must prove with evidence that they satisfy the requirements of Federal Rule of Civil Procedure 23, not merely allege that...more

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