News & Analysis as of

Federal Rules of Civil Procedure

What is the FRCP? Facts about the Federal Rules of Civil Procedure

by Zapproved LLC on

A primer on the Federal Rules of Civil Procedure - The Federal Rules of Civil Procedure, commonly referred to as the FRCP, govern how federal district courts conduct civil cases. (The rules for criminal cases are...more

What Is ESI?

by Zapproved LLC on

Key facts about electronically stored information and ediscovery - ESI: you’ve seen the acronym. But what exactly qualifies as ESI? And how do you manage it properly to ensure you meet your ediscovery, compliance and...more

Arizona Launches Innovative FASTAR Dispute Resolution Program

by Wilson Elser on

On November 1, 2017, Arizona’s Pima County Superior Court launched a three-year pilot program known as the Fast Trial and Alternative Resolution Program (FASTAR), which significantly impacts the court’s compulsory arbitration...more

You’ve Got Issues: Making a Case for Deep-Issue Statements

What’s the first thing that judges and law clerks read in an appellate brief? The certificate of interested parties, the table of contents, and the table of authorities are matters of form, and, while important, they don’t...more

United States Supreme Court Allows For Appeals From Final Decisions Regarding Individual Actions In Ongoing Consolidated...

by Shearman & Sterling LLP on

On Tuesday, March 27, 2018, Chief Justice John Roberts announced a unanimous decision of the United States Supreme Court that allows immediate appeals from final decisions issued in any action that has been consolidated with...more

Court Denies Request for Production of Forensic Image: eDiscovery Case Law

by CloudNine on

In Apex Colors, Inc. v. Chemworld Int’l Ltd., Inc., No. 2:14-CV-273-PRC (N.D. Ind. March 8, 2018), Magistrate Judge Paul R. Cherry, finding (among other things) that the defendants “have not met their burden of showing that”...more

Justices Scrutinize the Pros and Cons of Extending American Pipe Tolling

by Foley & Lardner LLP on

As we previewed last week, the Supreme Court is considering whether the filing of a class action tolls the statute of limitations for absent class members so that they can pursue a separate class action if the initial action...more

Court Refuses to Allow EU Privacy Laws to Shield U.S. Company from Discovery Obligations

by Sands Anderson PC on

A federal court in Michigan recently became the latest court to weigh in on the extent that litigants could rely on European Union data laws to shield them from producing documents in U.S. litigation. The United States...more

Check the Rules Part VI – Recent Rule-Change Proposal Asks Lawyers To Curb Their Brief-Writing Enthusiasm

by Farrell Fritz, P.C. on

Perhaps I’m revealing too much about my abilities in a prior life to balance academic and social priorities, but does anyone else remember the “not less than X pages” page requirements for high-school and college term papers...more

The Supreme Court - March 27, 2018

by Dorsey & Whitney LLP on

Hall v. Hall, No. 16-1150: Petitioner Elsa Hall and respondent Samuel Hall are siblings litigating against each other in two consolidated cases surrounding the management of their mother’s property and estate. One of the...more

Pre-Arbitration Discovery: Turn to State Law Where the Federal Rules are Inadequate

As discussed in an earlier post, obtaining discovery from a non-party to an arbitration often is easier said than done. Depending on the law of the place of arbitration, arbitrators may not be able to compel document...more

Court Grants Key Parts of Motion to Compel Against Safeway: eDiscovery Case Law

by CloudNine on

In U.S. ex rel. Proctor v. Safeway, Inc., No. 11-cv-3406 (C.D. Ill. Mar. 08, 2018), Illinois Magistrate Judge Tom Schanzle-Haskins allowed the Relator’s motion to compel in part, ordering the defendant to conduct and complete...more

Unique Venue and Personal Jurisdiction Challenges of Foreign Corporations

by Foley & Lardner LLP on

In 2017, the Supreme Court rejected the Federal Circuit’s longstanding interpretation of Personal Jurisdiction and Venue in patent infringement actions against domestic companies. 28 U.S.C. §§ 1391, 1400; see TC Heartland LLC...more

Fresh From the Bench: Latest Federal Circuit Court Cases

Nalco Co. v. Chem-Mod, LLC, Appeal No. 17-1036 (Fed. Cir. Feb. 27, 2018) In Nalco Company v. Chem-Mod, LLC, the Federal Circuit reviewed the district court’s decision to dismiss Nalco Company’s complaint for failure to...more

Will the “Real” Representative Please Stand – Litigation in Estate Proceedings

by Nexsen Pruet, PLLC on

Last month, the Supreme Court of South Carolina, in Fisher v. Huckabee, 2018 WL 1076808 (Feb. 28, 2018), addressed the question of who may bring a suit on behalf of a deceased individual if the personal representative has a...more

False Claims Act year in review: 2017

by DLA Piper on

In 2017, False Claims Act (FCA) recoveries totaled more than $3.7 billion, down from more than $4.7 billion in total recoveries in 2016. More than $3.4 billion of the 2017 recoveries came from settlements and judgments in...more

Pleading a Claim for Misappropriation of Trade Secrets in California: A Problem of Particularity

by Foley & Lardner LLP on

Recent decisions in California raised the question of whether a party asserting a claim for misappropriation of trade secrets must, in its pleadings, define the trade secrets at issue with particularity. The cases variously...more

Seventh Circuit Explains When an Award of Attorney’s Fees Is Final for Purposes of an Appeal

by Foley & Lardner LLP on

The law clerks of the U.S. Court of Appeals for the Seventh Circuit might be excused for thinking of the court’s recent decision in Cooke v. Jackson National Life Insurance Co., No. 17-2080 (7th Cir. Feb. 9, 2018), as the one...more

Healthcare Law Update: February 2018

by Holland & Knight LLP on

Antitrust - FTC Announces Revised Hart-Scott-Rodino Thresholds for Acquisitions and Exclusive Licenses - The Federal Trade Commission (FTC) has announced this year's revisions to the thresholds under the...more

Big Brother IS watching: DOJ announces increased scrutiny of proposed class action settlements

The US Department of Justice (DOJ) plans to take a more active role in reviewing and objecting to class action settlements under a rarely used procedure established by the Class Action Fairness Act (CAFA) more than a dozen...more

10 Great Quotes in Honor of the Honorable Andrew Peck's Retirement

by Exterro, Inc. on

Perhaps because of the nature of their position, and the requirement of laying out their reasoning in writing, judges’ words live on their rulings. While few would question that the substance of their rulings is what truly...more

Federal Circuit Reverses Rule 12(b)(6) Dismissal on Section 101 Grounds Due to Factual Allegations

by Morgan Lewis on

The decision of the US Court of Appeals for the Federal Circuit in Aatrix Software, Inc. v. Green Shades Software, Inc. clarified that although Section 101 of the US Patent Act is ultimately a question of law, it may involve...more

No Love for the 2015 Discovery Amendments: Landry v. Swire Oilfield Services

February is the month of love. Hearts, candy, and flowers. The hint of spring harkening. The enthusiasm of a new year upon us. But for one federal court judge, the New Year brought no love. ...more

No Sanctions for Failing to Preserve Videos and Photos of Prisoner Accident: eDiscovery Case Law

by CloudNine on

In Hernandez v. Tulare Cnty. Correction Center, et al., No. 1:16-cv-00413-EPG (PC) (E.D. Cal. Feb. 8, 2018), the California Magistrate Judge denied the plaintiff’s motion for sanctions, ruling that the defendants did not act...more

Oh, And One More Thing . . . Issuing A Subpoena For Documents Under 28 U.S.C. § 1782 Also Requires Personal Jurisdiction Over The...

Under 28 U.S.C. § 1782, “[t]he district court of the district in which a person resides or is found may order him to . . . produce a document for use in a proceeding in a foreign or international tribunal . . . .” Courts in...more

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