Bar Exam Toolbox Podcast Episode 302: Listen and Learn -- More on Discovery (Civ Pro)
U.S. Eleventh Circuit Court of Appeals - Kanapuram v. CIS - immigration - Wu v. Liu - removal, arbitration, remand, appellate jurisdiction - USA v. Morris - jury interrogatory, specific firearm - Malak v. Soc Sec...more
Even the most experienced employers are sure to have questions from time to time about the nation’s workplace safety agency – the Occupational Safety and Health Administration (OSHA). That’s where we come in. The Fisher...more
Welcome back to the Bar Exam Toolbox podcast! Today, as part of our "Listen and Learn" series, we're discussing Civil Procedure – specifically, the following topics related to discovery: motions to compel, interrogatories,...more
If you find yourself involved in civil litigation of any kind, the case will take up a significant part of your life. While your attorney will take on the heavy lifting, he or she will require your help to gather the facts...more
Divorce and family law litigation can be gut-wrenching. When a judge makes decisions for a family regarding child custody, child support, spousal maintenance, and property division, it can be overwhelming for many....more
It is not auspicious when a court writes: “The court notes that, from time to time, in contentious cases like this one, courts have ordered that the parties record – by video or court reporter – their Local Rule 37.2...more
The discovery phase is often the most critical component of legal work, leading 95% of civil cases to a settlement negotiation instead of a courtroom trial. Given this, how information is collected from potential witnesses is...more
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
The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more
The California Court of Appeal for the Fourth Appellate District issued the following decisions this week: Golf & Tennis Pro Shop, Inc. v. The Superior Court of Orange County, No. G060852: The Court of Appeal...more
Divorce and family law matters involve civil litigation in the family court. However, many are unsure what the purpose of discovery may be in divorce and family law litigation....more
Shortly after a divorce complaint has been responded to by the other party to the case, the case will be scheduled for an initial Case Management Conference (CMC) with the judge who has been assigned to the case. The...more
On July 1, 2022, Administrative Order 141/22 (“AO 141/22”) became effective, revising many of the previous changes to New York’s Uniform Civil Rules (“Uniform Rules”) made by Administrative Order 270/20 (“AO 270/20”),...more
The defamation cases brought by Johnny Depp and Amber Heard against each other, entertaining as they were to many Americans, involved complex issues of law as applied to the facts alleged by the parties. For the jury to reach...more
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
The Chief Judge of the United States District Court for the District of Colorado recently denied a plaintiff’s bid to overturn a protective order preventing the plaintiff from taking 30(b)(6) deposition testimony on a...more
On June 21, 2021, Chief Judge Freda L. Wolfson of the District Of New Jersey entered two Orders amending the District’s local civil rules, both of which are effective immediately: First, the Court adopted new Local Civil...more
In 2019, the Missouri legislature passed Senate Bill 224 (SB 224), effectively revising Missouri’s discovery rules to align them with the Federal Rules of Civil Procedure. (See our 2019 post for analysis of SB 224’s changes...more
Chief Administrative Judge Larry Marks recently issued Administrative Order 270/20 (“AO 270/20”), which, effective February 1, 2021, incorporated certain aspects of the Rules of the Commercial Division into the Uniform Rules...more
Effective Feb. 1, 2021, New York’s Uniform Rules for the Supreme Court and County Court will see sweeping changes. A product of the courts and power delegated by the New York State Constitution, these rules govern the...more
The New York Commercial Division was created in 1993 “to test whether it would be possible, by concentrating on commercial litigation, to improve the efficiency with which such matters were addressed by the court and, at the...more
Under Massachusetts procedure, a party has the right to compel an opponent to disclose its testifying expert’s opinions through interrogatories. But unlike federal procedure, a party under Massachusetts procedure must obtain...more
The New Jersey Court Rules were amended in July 2020, effective September 1, 2020. A number of these amendments are important for litigators, and this post provides a summary. New Jersey Court Rules Governing Motion...more
Business Legal Updates - Collegiate Student Athletes Can Now Receive Compensation - With the passing of Section 1006.74, F.S., effective July 1, 2020, intercollegiate athletes at a “postsecondary educational...more
Aldinger v. Alden State Bank is a good reminder of counsel’s obligation to be cooperative in the discovery process. Aldinger, an employment discrimination case pending in the United States District Court for the Western...more