News & Analysis as of

Federal Rules of Civil Procedure

Understanding eDiscovery in Criminal Cases: eDiscovery Best Practices

by CloudNine on

...Criminal cases have long been thought of as an arena devoid of electronic discovery issues. In fact, in 2012 eDiscovery expert Craig Ball wrote in a column regarding the then recently published “Recommendations for...more

CMS imposes massive cuts on 340B program; Hospital associations’ legal challenge dismissed

by Bricker & Eckler LLP on

On November 1, 2017, CMS issued a final rule that became effective January 1, 2018, under which hospitals serving a disproportionate share of low-income patients (DSH hospitals) will receive nearly 27 percent less in...more

An End to Over-Preservation? An Expert Perspective on the FRCP

by Exterro, Inc. on

This blog post is adapted from commentary on Rule 37 by William F. Hamilton, Legal Skills Professor and Executive Director, UF Law E-Discovery Project Fredric G. Levin College of Law, University of Florida, in FRCP &...more

Court Rejects SEC Request For “Obey The Law” Injunction

by Dorsey & Whitney LLP on

The statute of limitations and the decision in Kokesh v SEC, 137 S.Ct. 1635 (2017) clearly present challenges for the SEC. In that case the Court rejected the SEC’s claim that its disgorgement remedy is equitable and not...more

2017 eDiscovery Case Law Year in Review, Part 2

by CloudNine on

...Let’s take a look back at cases related to discovery about discovery, technology assisted review, form of production disputes, objections to production requests and an interesting dispute between an eDiscovery provider and...more

Ancient ESI: A Survey of the Ancient Documents Exception

Should Titanic’s Box Office release or the debut of Harry Potter already be described as events from the ancient past? It would hardly seem so. But, the amendment to the ancient documents exception to the rule against hearsay...more

Skeptical St. Regis Mohawk Tribe Requests Discovery Regarding Panel Selection Circumstances

The creation of adversarial procedures before the Patent Trial and Appeal Board under the Leahy-Smith America Invents Act (post-grant review, inter partes review, and covered business methods review) has raised a number of...more

FERC Enforcement Litigation Update: Defendants Cannot Take Discovery of FERC’s Decision Not to Pursue Enforcement Cases Against...

One of the big Federal Energy Regulatory Commission (FERC) Enforcement litigation developments of the past two years has been the federal judiciary’s rejection of the agency’s “de novo review” position in electricity market...more

Newsletter Sent to US Customers Insufficient to Establish Personal Jurisdiction

by McDermott Will & Emery on

Addressing whether to exercise personal jurisdiction over defendants whose only tie to the forum was an allegedly infringing newsletter sent to 10 California residents, the US Court of Appeals for the Ninth Circuit upheld the...more

Respondents in FERC v. Powhatan Energy Fund, LLC To Receive “Trial De Novo”

by Pierce Atwood LLP on

On December 28, 2017, the U.S. District Court for the Eastern District of Virginia issued an opinion finding that a “trial de novo governed by the Federal Rules of Civil Procedure and the Federal Rules of Evidence” shall be...more

Wisconsin Supreme Court Aligns State Class Action Statute with Fed. R. Civ. P. 23

by Foley & Lardner LLP on

On December 21st, the Wisconsin Supreme Court entered an order adopting proposed amendments to Wisconsin’s class action procedures in state court actions, which are “intended to align [the state rule] with the federal class...more

Communicating with Putative Class Members Prior to Class Certification: Important Reminders (or New Lessons) for Federal Court...

Many class actions are won or lost at the class certification stage. Because FRCP 23(c) requires a district court to determine whether a class action is to be maintained (i.e., certified) “[a]t an early practicable time after...more

Attorney Fee Recovery by Contract and in Partition Actions

In California, parties to litigation normally pay their own attorney fees unless a contract or statute says otherwise. Parties often include attorney fee provisions in their contracts, but the specific wording of these...more

Managing E-Discovery Program Change: An Interview with an E-Discovery Professional

by Exterro, Inc. on

It’s been said that legal professionals are slow to change. That may be the case for some, but it’s certainly not the case for Alayne Russom, Business Ethics and Legal Support Manager for Thrivent Financial. In 2015, she took...more

Ni-Q, LLC v. Prolacta Bioscience, Inc. (D. Or. 2017)

Last week, in Ni-Q, LLC v. Prolacta Bioscience, Inc., District Judge Michael H. Simon of the U.S. District Court for the District of Oregon denied a motion for judgment on the pleadings under Rule 12(c) of the Federal Rules...more

For Whom the Pipe Tolls: SCOTUS to Decide Whether American Pipe Tolling Applies to “Piggyback” Class Actions

Federal courts generally agree that when certification of a class action is denied or the case is dismissed, the statute of limitations on the claim asserted on behalf of the would-be class is deemed to have been tolled...more

4 Things the Top E-Discovery Cases of 2017 Can Teach You

by Exterro, Inc. on

Two years on from the last round of FRCP amendments, the courts are still clarifying how these e-discovery rules will be interpreted. One lens through which we can better understand how the court is interpreting the...more

More Views on Venue -- Federal Circuit Addresses In re Micron Fallout

Last Spring, the Supreme Court in TC Heartland LLC v. Kraft Foods Group Brands LLC held that the word "resides" in the patent venue statute, 28 U.S.C. § 1400(b), "refers only to the State of incorporation" of the alleged...more

Note to Experts: Do Not Cruelly Disparage Your Client’s Decedent, Curse Out Your Judge, and Flout the Court’s Orders, or You May...

by Reed Smith on

Those of us who practice in the mass tort space spend vast portions of our professional lives dealing with our opponents’ experts. In our minds, we seek only to enforce the dictates of the Federal Rules and of the United...more

DOJ Should Dismiss Meritless False Claims Act Qui Tam Relator Claims

by Jones Day on

The Situation: Despite recently acknowledging the significant burden imposed by frivolous False Claims Act claims and affirming its statutory grant of power to dismiss meritless claims brought by relators, DOJ has maintained...more

Eleventh Circuit Affirms Preemption of HRT Complaint

by Reed Smith on

Today, December 1, 2017, is the birthday of Gilbert O’Sullivan, who scored a hit back in 1972 with “Alone Again, Naturally,” the saddest song we can think of this side of Albinoni’s Adagio. That is fitting, given our...more

NC Business Court Stretches NCRCP 14 to Allow New Third Party Defendants To Be Added Years After The Commencement Of Litigation

by Brooks Pierce on

The North Carolina Rules of Civil Procedure are fairly identical to the Federal Rules of Civil Procedure. In fact, I am hard pressed to think of any substantial differences....more

SCOTUS Implements New Electronic Filing Guidelines

by Robins Kaplan LLP on

At long last, the Supreme Court of the United States has joined the rest of the federal court system in adopting electronic filing. As of November 13, 2017, attorneys filing documents with the Court must submit their...more

In re Micron Technology, Inc. (Fed. Cir. 2017)

On November 17, 2017, the Federal Circuit granted a writ of mandamus to Micron Technology, Inc. involving their motion challenging venue in a patent infringement lawsuit brought by The President and Fellows of Harvard...more

If Evidence In Its Original Form Is No Longer Available – But A Copy Of That Evidence Is – Are Spoliation Sanctions Appropriate?

by Farrell Fritz, P.C. on

In Barcroft Media, Ltd. et al. v. Coed Media Grp., LLC, No. 16-CV-7634 (JMF) (S.D.N.Y. Sept. 28, 2017), Plaintiffs – providers of entertainment-related photojournalism and owners of celebrity photographs – interposed various...more

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