Federal Rules of Civil Procedure

News & Analysis as of

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

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

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

District Court Cites Recent “Evolution” of Rule 23 Standards to Deny Class Certification Motion in Securities Action Based Upon...

In re Kosmos Energy Ltd. Securities Litigation, No. 3:12-CV-373-B, 2014 U.S. Dist. LEXIS 36365 (N.D. Tex. Mar. 19, 2014), the United States District Court for the Northern District of Texas (Boyle, J.) denied lead plaintiff’s...more

Law360: A Year Later: Comcast's Impact On Antitrust Class Actions

One year ago, on March 27, 2013, the U.S. Supreme Court issued its decision in Comcast Corp. v. Behrend, 133 S. Ct. 1426 (2013), overturning an order certifying an antitrust class action under Federal Rule of Civil Procedure...more

Court Declines To Apply Rule 9(b) To Section 25401 Claim

A complaint alleging securities fraud under Rule 10b-5 must meet the stringent pleading requirements of Rule 9(b) of the Federal Rules of Civil Procedure as well as the requirements of the Private Securities Litigation Reform...more

Sonic Industry v. iRobot: Court Sua Sponte Strikes iRobot's Affirmative Defenses for Failure to Comply with Federal Rules of Civil...

Sonic Industry ("Sonic") filed a patent infringement action against iRobot Corporation ("iRobot"). iRobot filed an Answer and Affirmative Defenses to the patent infringement complaint. The district court issued a memorandum...more

Thinking About Discovery — In today’s electronic world

How do you obtain information in a lawsuit in 2014? The practice of EDiscovery involves “electronically stored information” (ESI). Ultimately, whether the data comes in an image of the document or raw data, it will be...more

Solicitor General Recognizes Conflict, but Recommends that Supreme Court Deny Review of False Claims Act Case Involving Rule 9(b)...

The United States Solicitor General has recommended that the Supreme Court deny certiorari in United States ex rel. Nathan v. Takeda Pharmaceuticals N.A. Inc., et al. (No. 12-1349), a False Claims Act (“FCA”) case involving...more

Reed Smith Lawyers Support Proposed Federal Rules Reforms

A number of Reed Smith attorneys have been active in supporting the proposed amendments to the Federal Rules of Civil Procedure, particularly those aimed at narrowing the discovery process through consideration of...more

Litigation Update - Rules of Civil Procedure Continue to Adapt to the Realities of Electronic Discovery

Businesses are increasingly leveraging technology and moving to more paperless environments. For this reason, modern business litigation almost always requires some discovery of electronically stored information (ESI). ...more

Comments on Proposed Rules Amendments (Rules 26, 34, and 37)

Mintz Levin compliments the Committee and supports the proposed amendments to the Federal Rules of Civil Procedure because, on balance, the proposals seek to reduce the costs of discovery and litigation of document...more

International Ediscovery: Best Practices Around the World

Over six thousand athletes from eighty-five countries have gathered to compete. When you sit down to watch the events, remember that behind every flag is a unique legal system, with diverse privacy laws and ediscovery...more

February 15th Deadline to Comment on Proposed Amendments to Federal Rules of Civil Procedure

In August 2013, the Advisory Committee on Civil Rules published proposed amendments to the Fed. R. Civ. P. which address the challenges of managing the scope of discovery in the digital age and the attendant consequences for...more

Orrick Submits Comments to Civil Rules Advisory Committee Regarding the Proposed Amendments to the Federal Rules of Civil...

On February 12, Orrick submitted written comments regarding proposed amendments to the Federal Rules of Civil Procedure ("FRCP") intended to facilitate more meaningful discovery efforts and to reduce cost and delay in...more

What Exactly Is The “Law Of The Case” Doctrine?

It's a phrase that we lawyers use all of the time, often without a second thought: the "law of the case." But Magistrate Judge Joseph G. Scoville had occasion to explain the correct usage of this doctrine in Stryker...more

Arizona Local Counsel Information

Lewis Roca Rothgerber LLP has prepared this document to inform counsel we work with who are outside of Arizona about certain recurring issues that they should be aware of when litigating here. The document obviously is not...more

My (Google) Hangout with the Ediscovery Experts

What happens when seven of the smartest, most articulate ediscovery professionals come together for an hour talk about—quite frankly—whatever they want? Just yesterday Josh Gilliland, Samir Mathur, Barry Murphy, Ralph...more

Third Circuit Enforces Strict Deadline to Petition for Permission to Appeal Class Certification Ruling

Rule 23(f) of the Federal Rules of Civil Procedure allows a party to petition for permission to appeal a class certification decision within 14 days after entry of an order denying or granting class certification. In Eastman...more

Patent Suits Becoming More Onerous for Plaintiffs?

On December 5, 2013, H.R. 3309, “The Innovation Act” overwhelmingly passed in the House of Representatives. H.R. 3309 was introduced October 23, 2013 by Rep. Bob Goodlatte (R-Va.), Chairman of the House Judiciary Committee,...more

Board Agrees that Petition Failed to Set Forth Relevant Claim Construction, But Finds Error Harmless

Challenging a patent previously challenged in another inter partes review (IPR2013-00092), Avaya convinced the Board that claims 6 and 9 of a Network-1 Security Solutions patent should be placed into a trial for inter partes...more

Will Securities Fraud Class Actions Fade Into History?

The U.S. Supreme Court’s grant of certiorari in Halliburton Co. v. Erica P. John Fund, No. 13-317, suggests a dramatic change in private securities litigation is possible. On November 15, 2013, the Court accepted...more

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