Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more
Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable. See, e.g., Lewis v. Bellows Falls...more
In Orange County Water District v. The Arnold Engineering Company (D070763), the Fourth Appellate District examined the criteria for evaluating the reasonableness of a parties’ denial of requests for admission (RFA’s) based...more
In In re GreCon, Inc., a Texas appellate court recently addressed when a party must produce settlement agreements. The plaintiff sued multiple defendants in tort after a fire, and settled with all except GreCon. After...more
Think Twice Before Assuming Your "Settlement Negotiations" May Not Be Used Against You - Most people who are involved in resolving disputes or negotiating deals for their businesses have seen documents labeled...more
Some cases present issues that are difficult for the parties to litigate or for the courts to decide. But those cases tend to be the exception. Much of litigation—at least when practiced successfully—requires the mastery of a...more
Just because you know what your excluded evidence would have shown does not mean that the trial court knows and, as importantly for appellate purposes, that the appellate court can glean from the record the substance of the...more