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Depositions Appeals

Jenner & Block

Illinois Civil Practice Guide - 2024 Edition

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I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more

Esquire Deposition Solutions, LLC

The Trial Is Over, So Why Schedule a Deposition?

Depositions are a potent pretrial discovery and trial preparation tool. They allow parties to gather information regarding any non-privileged matter that is relevant to a party’s claim or defense. Through depositions,...more

Carlton Fields

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

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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

Rumberger | Kirk

Florida Extends Apex Deposition Doctrine to Corporate Officers

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The Apex Deposition Doctrine (“ADD”) provides powerful protection against abusive discovery practices to high-ranking officials in public service and in private industry. ADD was designed and developed in Florida to prevent...more

Jenner & Block

Illinois Civil Practice Guide - 2022 Edition

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THE COVID-19 PANDEMIC’S IMPACT ON CIVIL PRACTICE The COVID-19 pandemic has had an enormous impact on civil litigation in Illinois. Since March 2020, the Governor of Illinois and Illinois courts of all levels have...more

Faegre Drinker Biddle & Reath LLP

The California Supreme Court Shrugs Off a Settlement to Provide Important Guidance on Admissibility of Former Deposition Testimony...

We reported back in December [California Supreme Court Set to Decide How Defense Counsel Approach Defending Company Witness Depositions] on a case then pending before the California Supreme Court, Berroteran v. Superior...more

Harris Beach PLLC

California Supreme Court Decision Gives Relief to Defendants Seeking to Prevent their Prior Discovery Depositions from Being used...

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When defending litigation in one state, mass tort defendants must consider other jurisdictions’ rules. For example, while some states generally prohibit a plaintiff from using a defendant’s discovery deposition as part of...more

Rumberger | Kirk

Florida Supreme Court Adopts Apex Doctrine Protecting High Level Corporate and Government Officers

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The Florida Supreme Court has formally adopted the Apex Doctrine and incorporated it into the Florida Rules of Civil Procedure. On August 26, 2021, the Court amended Florida Rule of Civil Procedure 1.280 by codifying the...more

Esquire Deposition Solutions, LLC

The Role of Depositions in Preserving Trial Errors for Review

Whether it’s during a deposition or during trial, the job of preserving errors for judicial review is a vital part of the litigator’s professional obligation to his or her client. Many trial outcomes turn on evidentiary...more

Winstead PC

Court Held That Statutory Probate Court Had Jurisdiction To Grant A Rule 202 Pre-Suit Deposition

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In In the Estate of Nicholas, the temporary administrator of an estate and the decedent’s mother filed a Texas Rule of Civil Procedure 202 petition concerning a shootout at a residence by the City of Houston Police...more

Ogletree, Deakins, Nash, Smoak & Stewart,...

Sixth Circuit Considers Whether Comparator Info is Discoverable in a Failure to Promote Case

In Jones v. Johnson, No. 18-2252 (January 9, 2020), the Sixth Circuit Court of Appeals considered the discoverability of comparator information in a case involving an allegation that an employer failed to promote an employee....more

White and Williams LLP

The Last One Standing Stands Tall: NJ Asbestos Trial Defendants Can Use Settled Defendants’ Testimony to Prove Cross-Claims

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Most experienced asbestos trial lawyers will shout, “Depositions live forever!,” suggesting that evidence produced in one case at one time and in one state may live to influence the outcome in many cases for decades to come....more

White and Williams LLP

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

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“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

Burr & Forman

Arbitrator: Produce Those Construction Documents . . . And Me: You Have No Authority!

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Construction disputes often involve voluminous amounts of discovery, including documents in the hand of third parties.  And if the case is subject to arbitration, it is likely that there will be a dispute about whether the...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

Bradley Arant Boult Cummings LLP

You Don’t Get a Bite at the Big Dog: Texas Court Rules that Injured Worker Cannot Depose Company CEO

What if your employee plaintiff sues you and then demands to take the deposition of your company CEO or some other high-level corporate executive who has no personal knowledge about the facts of the case? No one would be...more

Sterne, Kessler, Goldstein & Fox P.L.L.C.

PTAB Strategies and Insights - July 2018

The PTAB Strategies and Insights newsletter provides timely updates and insights into how best to handle proceedings at the USPTO. It is designed to increase return on investment for all stakeholders looking at the entire...more

Seyfarth Shaw LLP

Texas Court of Appeals Rules That Mere Suspicions of Trade Secret Misappropriation Are Insufficient to Trigger the Discovery Rule

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Applying new Texas Supreme Court precedent, a Texas Court of Appeals recently held that a six-year-old cease-and-desist letter alleging trade-secret misappropriation did not constitute proof of knowledge for purposes of the...more

Carlton Fields

Quick Trial Checklist

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This chart provides a quick reference regarding motions and objections that may be made immediately prior to, during, and immediately after trial to preserve issues for appellate review. ...more

Dorsey & Whitney LLP

Trump University Files Motion to Compel Depositions of Allegedly Defrauded Consumers

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On September 16, 2016, Trump University filed a motion to compel the New York State Attorney General to produce the names of the consumers who were allegedly defrauded by Trump University and to produce those witnesses to...more

Adler Pollock & Sheehan P.C.

Rhode Island Supreme Court Addresses Deposition Conduct And Instructions Not To Answer

Rhode Island has long honored the late Professor Robert B. Kent’s teachings on civil procedure, including his opinions concerning depositions. In keeping with Professor Kent’s teachings, Rhode Island courts take the position...more

Perkins Coie

D.C. Circuit Reaffirms Validity of Attorney-Client Privilege and Work Product Protection in Internal Investigations

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On August 11, 2015, in United States ex rel. Barko v. Halliburton et al., No. 14-5319, slip op. (D.C. Cir. Aug. 11, 2015), the U.S. Court of Appeals for the D.C. Circuit issued an important opinion vacating another series of...more

Carlton Fields

Hypothetically Speaking, Mr. Insurance Commissioner, There Is No Need To Answer

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A recent case pitted two State of Florida agencies involved in insurance regulation against one another, and resulted in a decision by the appellate court that the Insurance Commissioner could not be compelled to appear as a...more

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