News & Analysis as of

Prejudice

The Supreme Court - June 22, 2017

by Dorsey & Whitney LLP on

Maslenjak v. United States, No. 16-309: Petitioner Divna Maslenjak, an ethnic Serb who immigrated to the United States in 2000 and became a naturalized U.S. citizen in 2007, was convicted under 18 U.S.C. §1425(a) for...more

Second Circuit Rejects Novel Due Process Challenge to Rule Permitting Evidence of Prior Sexual Assaults

The Second Circuit joined its sister circuits and upheld the constitutionality Federal Rule of Evidence 413, which renders admissible propensity evidence about the defendant in sexual assault cases. In United States v....more

When is an Environmental Contamination Claim Too Old to Extend the Limitation Period?

by Bennett Jones LLP on

40 to 60 years may be too old when determining whether to extend a limitation period for a negligence-based environmental contamination claim, the court recently ruled in Brookfield Residential (Alberta) LP (Carma Developers...more

Defendant Not Required to Modify Production After Plaintiff Fails to Demonstrate Prejudice: eDiscovery Case Law

by CloudNine on

In Excel Enterprises, LLC v. Winona PVD Coatings, LLC, No. 3:16-cv-19-WCL-MGG (N.D. Ind., Feb. 17, 2017), Indiana Magistrate Judge Michael G. Gotsch, Sr. ruled that despite the fact that the defendant failed to demonstrate...more

Another Court Agrees That A Difference Of Opinion On Medical Necessity Is Insufficient to Show Falsity Under the False Claims Act

Last month, the U.S. District Court for the District of Utah joined the AseraCare court and others in finding that a relator cannot successfully allege violations of the False Claims Act (“FCA”) based on a purported lack of...more

So You Want To Supplement The Record At Claims Court

by Morrison & Foerster LLP on

Defining the administrative record is a key aspect of litigating bid protests before the U.S. Court of Federal Claims. From the time a protest is filed, the parties must carefully navigate which evidence may be considered by...more

Minimal Sanctions for a Minimal Showing of Prejudice

by Zapproved Inc. on

First Am. Title Ins. Co. v. Northwest Title Ins. Agency, No. 2:15-cv-00229 2016 U.S. Dist. LEXIS 118377 (D. Utah Aug. 31, 2016). The court denied the majority of sanctions a party sought for spoliation of evidence where...more

Insurance Policyholders Required to Provide Notice of Claims and Settlements Says Sixth Circuit

by Perkins Coie on

Running counter to the national trend to require insurers to show prejudice before they can void their insurance obligations due to allegedly late notice, the U.S. Court of Appeals for the Sixth Circuit recently strictly...more

Was Spoliation Intentional? Court Will Let Jury Decide: eDiscovery Case Law

by CloudNine on

In Cahill v. Dart, No. 13-cv-361 (N.D. Ill. Dec. 2, 2016), Illinois District Judge John Z. Lee adopted, with modifications, the Report and Recommendation of Magistrate Judge Cox regarding the plaintiff’s motion to sanction...more

No New Trial: Court Grounds EEOC Following JetStream’s Victory In Religious Discrimination Trial

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Following a major victory for an airline-industry employer over the EEOC in a Title VII action regarding religious accommodations, the Court denied the EEOC’s motion for a new trial. The decision is a...more

Before Asking for Sanctions, Check the Recycle Bin

by Zapproved Inc. on

Erhart v. BofI Holding, Inc., No. 15-cv-02287-BAS (NLS), 2016 WL 5110453 (S.D. Cal. Sept. 21, 2016). The court denied sanctions against a party where the huge majority of the files he deleted were not actually destroyed,...more

D.C. Circuit Rules That the 8(a) Program is Constitutional, But Its Reasoning Raises Questions

by Holland & Knight LLP on

On September 9, 2016, the U.S. Court of Appeals for the District of Columbia Circuit (D.C. Circuit) issued a split decision holding that § 8(a) of the Small Business Act does not violate the Equal Protection Clause of the...more

When threats made without prejudice are not without prejudice

by Allen & Overy LLP on

The appellants’ threats, contained in an email during settlement negotiations “unambiguously exceeded what was permissible in settlement of hard fought commercial litigation”. The email therefore was not protected by without...more

Wyoming Requires Insurer Prejudice for Late Notice

by Locke Lord LLP on

The Wyoming Supreme Court ruled on August 17, 2016 that an insurer “must be prejudiced before being entitled to deny coverage when the insured has failed to give notice ‘as soon as practicable.’” In addressing a certified...more

Party’s Willful Destruction of Data Did Not “Optimize” the Case for Dismissal

by Zapproved Inc. on

Ericksen v. Kaplan Higher Educ., LLC, No. RDB-14-3106, 2016 WL 695789 (D. Md. Feb. 22, 2016). Where a plaintiff “willfully [ran] a computer program that she knew, given her computer expertise, would destroy at least some...more

General Motors: Protection Granted in Section 363 Sale Orders is Only as Good as the Notice Given

by Dechert LLP on

In a recent decision by the U.S. Court of Appeals for the Second Circuit in the General Motors case, the court held certain claimants were not afforded procedural due process with respect to the § 363 sale of General Motor...more

Court of Appeal Addresses “Prejudice” Element of Wrongful Foreclosure

If a property owner loses their property through a foreclosure sale initiated by someone who did not validly own the debt, has the property owner automatically suffered enough “prejudice” to pursue a claim for wrongful...more

Seeing is Believing: Preserving Your Argument as to Audiovisual Evidence and Demonstrative Aids in the Courtroom

by Carlton Fields on

With the advent of courtroom technology, parties are increasingly relying on audiovisual evidence or demonstrative aids to present their case to the trier of fact. Sometimes, however, counsel fail to specifically object to...more

Colorado Supreme Court: Insurers Need Not Show Prejudice to Enforce No-Voluntary-Payments Provision of Insurance Policy

by Wilson Elser on

On April 25, 2016, the Colorado Supreme Court overturned a decision by the Colorado Court of Appeals and Colorado District Court in what is believed to be a seminal victory for insurers. In Travelers Prop. Cas. Co. of Am. v....more

Late notice to insurer costs Maryland bank millions

Insurance law generally imposes on a policyholder the duty to give timely notice of claims to its insurance company. Sometimes, because of forgetfulness, ignorance, neglect, or a number of other reasons, companies fail to...more

Underwriters May Have Expertise But That Does Not Make Them “Experts”

In the LBP Holdings v. Allied Nevada Gold Corp. decision released on April 27, 2016, the Ontario Superior Court of Justice refused to allow the underwriters of a secondary public offering (SPO) to be added as defendants to a...more

Reservation of Rights Letters Help Avoid Prejudice in the Third Party Context

by Cozen O'Connor on

When discussing bad faith in the third party context, most of the discussion properly centers on the duty to settle a claim. However, other actions taken by a policyholder and carrier can have an impact. The recent case of...more

Insurance Recovery Law - March 2016

High Times in the Insurance Industry: Colorado Federal Court Considers Coverage for Medical Marijuana Business - Why it matters: With legalized marijuana businesses booming, a new decision from a Colorado federal court...more

District Court Grants Motion for Summary Judgment on Laches Defense Where Defendant Could Not Establish Prejudice from Plaintiff's...

The court explained the facts as follows: The defendant, CrestaTech, was founded by Mihai Murgulescu and George Haber in 2005. Its initial products included a receiver for satellite radio and a television platform. CrestaTech...more

Court Orders Document Production Without Prejudice To Later Sanctions

by Morris James LLP on

Stark, C. J. Sanctions motion is considered. Defendant seeks sanctions for plaintiff’s failure to comply with a court order to produce documents....more

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