Litigation Strategies

News & Analysis as of

First Circuit Finds Plaintiff Waived Right to Arbitrate by Litigating for 9 Months

We haven’t had a good waiver case in a while. The First Circuit served one up last week with a flourish, teaching me multiple new words in the process (not for the first time, either). It found that a plaintiff had waived...more

JAMS Dispute Resolution Alert, Winter 2014

In This Issue: - In Depth: Engaging Neutrals for Mock Exercises Provides Invaluable Insight - ADR Conversations: More Energy, More Deals, More Disputes Domestic Focus: Mandatory Mediation Programs Successful in...more

The Top 10 Obstacles to Litigating Securities Fraud Claims: Part I

Introduction: Congress passed the Securities Act of 1933, 15 U.S.C. §§ 77a et seq. (Securities Act), and the Securities Exchange Act of 1934, 15 U.S.C. §§ 78a et seq. (Exchange Act, collectively, the Acts) following...more

City SLAPPs Away Landlord's Section 1983 Claim

Anti-SLAPP motions provide defendants with a valuable tool to dispose of meritless cases that stifle protected speech . In Squires v. City of Eureka (October 17, 2014, A138768; A139849) ___Cal. App.4th___ [14 Cal. Daily Op....more

See the Forest for the Trees

Most litigators who have been practicing for more than a few years can recite for you a list of what judges dislike. It is not hard to learn. Read judicial opinions, take in hearings, attend seminars with judges on the...more

Pulling the Trigger on Motions for Reconsideration

Deciding when to file a motion for reconsideration in a civil case is tricky. Motions for reconsideration are called for in very limited circumstances, like new evidence or law, or clear error in the earlier decision. They...more

Friending and Following Jurors: The Ethical Boundaries of Researching Jurors on Social Media

What are the ethical boundaries of an attorney’s internet research of jurors? Before the ubiquity of the internet, an attorney obviously couldn’t walk up to a potential juror in a restaurant and strike up a conversation. But...more

Ninth Circuit Rejects Use of Preemptive Litigation to Validate Federal Approvals

Shell Gulf of Mexico, Inc., v. Center for Biological Diversity, (11/12/14, No. 13-35835) The Ninth Circuit has rejected a “novel litigation strategy” that Shell Gulf of Mexico, Inc., employed in an effort to preempt a...more

Appellate Court Affirms Anti-SLAPP Dismissal of Defamation Lawsuit by Political Candidate

On October 30, in Goral v. Kulys, the Illinois First District Appellate Court affirmed dismissal of a defamation suit pursuant to the Illinois Citizen Participation Act, 735 ILCS 110/1 et seq. (the “Act”). The Goral decision...more

November 2014: Class Action Litigation Update

Class Action Defense Menu: Statutes of Limitations Served Two Ways. The statute of limitations is an underutilized but potentially potent defense in many consumer class actions. The defense can be raised two ways. First, as...more

To Raise or Not to Raise? That is the Question When Talking About Pre-Verdict Motions for Judgment as a Matter of Law

The specificity required in a motion for judgment as a matter of law/directed verdict (“JMOL”) can present challenges to counsel as they argue motions under Rule 50 or its state-law equivalents. Halo Electronics, Inc. v....more

Safeguard Your Litigation Privileges When Working With Insurance Brokers On Complex Insurance Claims

Businesses facing catastrophic losses, whether as a result of an accident or a natural disaster, or due to mass tort claims, frequently will engage both their insurance broker and legal counsel to identify and pursue...more

Derailing an Expert in the Rail Freight Fuel Surcharge Antitrust Litigation: What Every Litigator Needs to Know

The business of buying, selling, investing in, and arbitraging legal claims continues to grow, and carries with it hidden pitfalls. This is particularly the case when a litigation expert has a business relationship with a...more

8 tips from an appellate attorney for managing litigation

Key to any successful appeal is, of course, preserving errors and making a complete and accurate record. However, sometimes things get missed in the high-pressure back-and-forth of trial. Below are some tips for inside...more

To Call or Not to Call an Adverse Party or Witness

In civil cases, you can call an adverse party or witness in your own case. Evid C §776(a). But just because you can doesn’t mean you should. Before deciding to call an adverse party or witness, definitely check out this chart...more

Should You Move for Mistrial?

Certain things that happen during trial may be so improper and prejudicial that they deprive a party of the right to a fair trial. That’s when counsel may move for a mistrial. But just because you can doesn’t mean you should....more

Considerations In Settling

This is a question every one of our clients will ultimately have to decide. The answer to it is as individual as the person who’s faced with it. A lot of emotions go into making this decision. The goal though should be to...more

IP|Trend: Music to IP Lawyers Ears: What Lawyers Can Learn From Musicians [Video]

Musicians and IP lawyers have more in common than might meet the ear. IP lawyers can learn a lot from how musicians perform in the arena when they’re performing in the courtroom or the boardroom. Attorneys Seth Northrop and...more

IP|Trend: The Importance of Consumer Surveys in Patent Litigation [Video]

Courts have increasingly shown scrutiny towards claims of patent damages in patent litigation. To address these issues patent plaintiffs have often relied on consumer surveys to demonstrate harm caused by patent infringement....more

Costs Claimed Out of Whack? Move to Tax Them

To the victor go the spoils. But that doesn’t mean the prevailing party can get whatever it wants in claimed costs. If you disagree with the costs listed in the prevailing party’s costs memorandum, file and serve a motion to...more

Don't Throw The Kitchen Sink Of Defenses Into Your Answer

Say you are filing an Answer to a Complaint. NC Rule of Civil Procedure 8(c) lists a host of affirmative defenses you might raise. They are: accord and satisfaction, arbitration and award, assumption of risk,...more

Amicus briefs shape intellectual property law

Amicus briefs have become an established part of sophisticated litigation strategy - As the value of intellectual property rights has skyrocketed, the law governing ownership and enforcement of those rights has grown...more

Fighting Fraudulent Joinder: Getting Your Case Into Federal Court

Tort actions involving pharmaceuticals and medical devices usually involve state law claims, and therefore, diversity jurisdiction is often the only way to proceed in a federal court. Plaintiffs, however, may join doctors,...more

An Entrepreneur's Guide to Getting Sued and Fighting Back

You finally figured out the product. You hired the right guys. You released your beta version to 10,000 users and the response has been off the charts. You’re about to close your third round of funding with a valuation you...more

Be Ready to Oppose Motions in Limine

In limine motions are a great litigation tool—they get evidence admitted or excluded before it’s even offered. You’ve probably been advised to use them whenever appropriate. But opposing counsel also will have received this...more

176 Results
|
View per page
Page: of 8