Proportionality

News & Analysis as of

Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE) [Video]

he Supreme Court is expected to approve a proposed set of revisions to the Federal Rules of Civil Procedure (FRCP), which would go into effect by December of 2015. Are you ready for those changes? In this program, Rimon...more

Court Denies Motion for Proportionality, Suggests Other Methods to Save Time and Money (Nebraska)

United States v. Univ. of Nebraska at Kearney, 2014 WL 4215381 (D. Neb. Aug. 25, 2014). In this housing discrimination case, the plaintiff sought an expanded scope of discovery through a motion to compel. The plaintiff...more

Latest Trends in E-Discovery: The Focus on Proportionality and Cooperation

When asked what has been the most significant development in federal litigation during his time on the bench, United States Magistrate Judge John M. Facciola of the D.C. District responded, simply: “the impact upon the...more

What Is the Appropriate Scope of Discovery?

On February 18, 2014, the public comment period closed on the proposed amendments to the Federal Rules of Civil Procedure. To date, almost 3,000 comments have been published, many of which addressed the appropriate scope of...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

Proportionality, Nexus Don't Matter If It's Not A Taking

Landowners routinely have to give up something in return for a government agency's granting a discretionary permit. Developers are quite familiar with these requirements, as they are consistently compelled to dedicate...more

Government Need Not Satisfy Nexus and Proportionality Tests if Dedication Requirement Does Not Otherwise Constitute a Taking

Landowners routinely have to give up something in return for a government agency’s granting a discretionary permit. However, there are limits, as the government agency cannot typically demand conditions that are not...more

LCFF Update

On November 7th, the State Board of Education (“SBE”) met to review proposed regulations implementing the “proportionality requirement” and the Local Control and Accountability Plan (“LCAP”) framework under the Local Control...more

California Supreme Court Set to Hear First Post-Koontz Takings Case

As reported by our colleague Robert Thomas on inversecondemnation.com, the California Supreme Court granted the California Building Industry Association's (CBIA) petition for review in California Building Industry Association...more

There’s No Place Like Home: Kansas Courts Issue New Ediscovery Guidelines

Cooperation, proportionality and efficiency. Oh my! One of the first lessons we are taught as a child is how to share. Unfortunately, for decades, the opposite has been drilled into litigation professionals. Judicial...more

Committee Proposes “Specificity Requirement” To Federal Rule Of Civil Procedure 34 (b)

What kind of impact can be expected from the “Proportionality Discovery Proposals?” These Proportionality Discovery Proposals refer to the proposed amendments to the Federal Rules designed to balance the benefits of...more

Proposed Proportionality Amendment To Federal Rule Of Civil Procedure 26(b)(1)

On May 8, 2013, the Civil Rules Advocacy Committee (“Committee”) proposed several changes to the Federal Rules of Civil Procedure. The proposal includes amendments to the following rules: 1, 4, 16, 26, 30, 31, 33, 34, 36, and...more

Top 5 Ediscovery Case Summaries – August 2013: Pennsylvania - Proportionality Must Be Considered for Spoliation Sanctions

PTSI, Inc. v. Haley, 2013 WL 2285109 (Pa. Super. Ct. May 24, 2013). In this employment law case, the plaintiff appealed a trial court’s denial of motion for sanctions against the defendants who allegedly erased...more

Rulemaking Efforts Move Forward

Efforts to amend the Federal Rules of Civil Procedure took another step forward last week. On June 3, 2013, the Standing Committee on Rules of Practice and Procedure (“the Standing Committee”) approved a package of proposals...more

Perils Of Proportionate Reduction, And A Detour Through D-Day

First, an admission and a regret: My June 6 post missed the 69th anniversary of an episode as significant as any in our country’s history: D-Day. ...more

Get Ready for New Ediscovery Rules in Minnesota

The month of July ensures some much needed warmth in Minnesota after an offensively wintery spring, but July also brings an exciting new set of amendments to the Minnesota Rules of Civil Procedure. From July 1, 2013 onward,...more

Top 5 Ediscovery Case Summaries – May 2013: Indiana - Proportionality is Key Principle in Predictive Coding Case

In re Biomet, 2013 WL 1729682 (N.D. Ind. Apr. 18, 2013). In this behemoth multidistrict litigation, the defendants used key word search to cull 19.5 million documents prior to leveraging predictive coding....more

Some clarification regarding challenges to REACH candidate listing

In a series of recent judgments the EU General Court has given some guidance to companies considering challenging the inclusion of their substances in the REACH Candidate List. In summary, it is now clear that the listing of...more

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