News & Analysis as of

Depositions Affidavits

Esquire Deposition Solutions, LLC

Recent Rulings Highlight Importance of Depositions in Litigation

In civil litigation, depositions are a key pretrial discovery tool used to uncover facts, obtain admissions, gather evidence for motions, and assess witnesses. They prevent “trial by ambush” by revealing crucial information...more

Stange Law Firm, PC

What is hearsay in divorce and family law matters?

Stange Law Firm, PC on

Hearsay is an important legal concept that lawyers learn in law school. Under Federal Rule of Evidence 801, hearsay is an out-of-court statement offered for the truth of the matter asserted. Even many lawyers are often...more

Carlton Fields

More on Competent Summary Judgment Evidence: The Rule Does Not Just Apply to Affidavits

Carlton Fields on

We previously wrote about the requirements many jurisdictions impose for affidavits or declarations submitted in conjunction with motions for summary judgment, including that they must be based on personal knowledge, show the...more

Holland & Knight LLP

Exploring the "Sham Affidavit" Doctrine in Trade Secret Case Relating to Side-Switching Employee

Holland & Knight LLP on

Most litigators have at least a passing familiarity with the "sham affidavit" doctrine, under which an affidavit submitted in opposition to summary judgment that without explanation flatly contradicts the affiant's prior...more

Manatt, Phelps & Phillips, LLP

We Are All Commercial Litigators Now: NY Commercial Division Rules Become Agents Of Change

From their creation in 1993, the New York State Supreme Court Commercial Division Rules have been developed and refined by judges and practitioners to pursue the twin goals of cost containment and fair adjudication....more

White and Williams LLP

Dead Men Do Tell Tales: Pennsylvania Permits Decedent Depositions to Sink Summary Judgment

White and Williams LLP on

“Dead Men Tell No Tales” – Captain Jack Sparrow, “Pirates of the Caribbean: Dead Men Tell No Tales” [Not True: Actually from a poem by the same name by Heniel Long (1888-1956) as found in Modern American Poetry, Untermeyer,...more

Steptoe & Johnson PLLC

PA Superior Court Permits Incomplete Deposition Testimony and Affidavit of “Unavailable Witness” to oppose Summary Judgment in...

Steptoe & Johnson PLLC on

In an October 28, 2019 Opinion of a three-judge panel, the Pennsylvania Superior Court in Joyce E. Kardos, Executrix of the Estate of Nicholas J. Kardos, deceased, and Joyce E. Kardos, in her own right, v. Armstrong Pumps,...more

McDermott Will & Emery

Who You Gonna Call? Inventors Survive On-Sale Heat

The US Court of Appeals for the Federal Circuit affirmed a district court finding that three patent claims were invalid under the on-sale bar but remanded two other patent claims for trial, explaining that the district court...more

Butler Snow LLP

Errata sheet? We don’t need no stinkin’ errata sheet

Butler Snow LLP on

In one scene of John Huston’s classic 1948 film “The Treasure of the Sierra Madre” a Mexican bandito tries to convince Humphrey Bogart that he and his company are Federales. Bogart’s character, Fred Dobb asks: “If you’re the...more

Carlton Fields

This is Not a Sham: Fully Appreciating the “Sham Affidavit Doctrine” Can Help to Preserve Error

Carlton Fields on

It is generally understood that the “sham affidavit doctrine” will prevent a party from creating an issue of material fact to defeat summary judgment by filing an affidavit that contradicts its prior deposition testimony....more

Smith Anderson

Federal Court Report - Fourth Circuit Clarifies Pleading Standards and (Again) Rejects Affidavits that Contradict a Party’s...

Smith Anderson on

In Stevenson v. City of Seat Pleasant, Maryland, No. 12-2047 (4th Cir. Feb. 21, 2014), the Fourth Circuit spent some time cleaning up a rather messy case involving the alleged use of excessive force by members of a police...more

11 Results
 / 
View per page
Page: of 1

"My best business intelligence, in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
- hide
- hide