News & Analysis as of

Litigation Strategies

Defendants Beware: The Good, Bad and Unknown in the Mississippi Supreme Court’s New Standard for Determining Waiver of Affirmative...

On December 7, 2017, the Mississippi Supreme Court affirmed a circuit court ruling that a plaintiff’s survival claims were barred by the statute-of-limitations. In Pollan v. Wartak, the Court rejected the plaintiff’s claim...more

Benefits of Videoconferencing for your International Depositions (Updated)

by Planet Depos, LLC on

All the details that go into international depositions make for a lengthy list. The length alone can be intimidating to some, while a detail or two may prove daunting to others. Travel requirements are a perfect example, as...more

Cross-Examining the Expert Witness in a PL Case Part III: Challenging the Methodology

by Wilson Elser on

In this third and last installment of our three-part series examining the type of deposition questioning that can derail your opponent’s expert and set up a successful Daubert challenge, we will look at Daubert’s insistence...more

Un-Vacated: Arbitration Awards Get Whiplash

Two cases recently fit in one of my favorite categories: those awards that get “un-vacated.” These cases went through arbitration, had that arbitration award vacated by a district court, only to have the award later...more

A Policyholder Perspective on the Unique Challenges of a Three-Way Mediation

I recently participated in a negotiation with an insurer who had denied coverage for an underlying errors and omissions claim in the mid-seven figures. The insurer’s counsel and I exchanged stern letters, each explaining why...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard - UPDATED

by Rumberger Kirk & Caldwell on

January 10, 2018 UPDATE: The Supreme Court of Florida has scheduled oral argument in the case for March 6, 2018, at 9:00 a.m The Supreme Court of Florida is poised to decide the constitutionality of the Daubert standard...more

Appeal it All! Guarding Against Multiple, Independent Grounds

by Carlton Fields on

You’ve identified a killer issue for appeal, no doubt a winner. Congratulations! You still lose. How can that be? In Novum Structures, LLC v. Choate Construction Company, Inc., 698 Fed. Appx. 608 (11th Cir. 2017), the...more

Arbitration and Eviction: A Recipe for Delay

Leases in an independent living component of an assisted living facility will often contain an arbitration provision. Although arbitration can be helpful in reducing litigation expenses, arbitration can lead to significant...more

Top 10 New York Commercial Division Cases and Developments of 2017

In 2017, the New York Commercial Division continued to implement new rules and refine existing rules in order to streamline litigation in the court. The year also saw some key decisions by the Commercial Division as well as...more

Forum non-conveniens and access to remedy in transnational business and human rights litigation: an update from Brexit Britain and...

by Hogan Lovells on

What is forum non-conveniens? According to the principle of “forum non-conveniens” (or inconvenient forum), a court has the power to dismiss a civil action where an appropriate and more convenient alternative forum exists. ...more

Recap of PTAB’s “Chat with the Chief”

On December 19, 2017 the Patent Trial and Appeal Board (the “Board”) held a “Chat with the Chief” webinar in which Chief Judge David Ruschke presented very recent developments on a variety of topics related to practice before...more

Florida Supreme Court To Rule On Constitutionality Of Daubert Standard

by Rumberger Kirk & Caldwell on

The Supreme Court of Florida is poised to decide the constitutionality the Daubert standard for admissibility of expert testimony, resolving whether Frye or Daubert will be the governing standard going forward in Florida...more

New York’s Highest Court: Pre-Certification Settlements Require Classwide Notice

by Seyfarth Shaw LLP on

Seyfarth Synopsis: The New York Court of Appeals holds that the state’s class action rules require notice of settlements to be sent to putative class members – even though no class has been certified....more

Your International Deposition Checklist (Updated 2017)

by Planet Depos, LLC on

For paralegals and their attorneys, a checklist for international depositions is an especially useful tool, as for many, international depositions are not an everyday occurrence. The checklist helps keep the scheduling...more

Bankruptcy Law Update: Preferences and Selected Bankruptcy Issues

Preference Claims: Elements: A preference is a transfer of property of a bankruptcy debtor that (1) was to or for the benefit of a creditor; (2) was on account of an antecedent debt; (3) was made while the debtor was...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

The 2017 Judicial Hellholes Report Is Out And Makes For An Interesting Read

by Seyfarth Shaw LLP on

Seyfarth Synopsis: Each year the American Tort Reform Association (“ATRA”) publishes its “Judicial Hellholes Report” that focuses on litigation problems in state court systems and challenges for corporate defendants in the...more

Northern District Of Georgia Orders Cedent To Produce Information On Its Payment Of Claims

by Carlton Fields on

Defendant Golden Isles Reinsurance Company, Limited (“Golden Isles”) sought detailed information regarding individual claims Canal Insurance Company (“Canal”) submitted for reimbursement under the parties’ reinsurance...more

Donuts, Dust, And Dastardly Deeds

by SmithAmundsen LLC on

Two items I read recently got me thinking about the disputes I often see in litigation. First, a recent news item reported that police arrested people for possession of donut glaze and drywall dust. The articles reporting...more

When a Park in the Sky Leads to a Lawsuit - Three Strategies for Success in High-Stakes Litigation

by Poyner Spruill LLP on

In 2002, New York City announced its support for preserving the High Line—turning an unused elevated railroad into a thriving park in the heart of Manhattan’s West Side. Fifteen years later, it is one of the City’s top...more

7 Handy Tips for Scheduling a Deposition

by Planet Depos, LLC on

The process of scheduling a deposition can have several moving pieces, from counsel’s and the witness’s schedule to arranging for a court reporter, videographer, and/or interpreter. And then there’s finding an appropriate...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

10 Steps to Navigate the Labyrinth of E-Discovery for Small to Mid-Size Firms

by Pessin Katz Law, P.A. on

The practice of exchanging discovery in federal litigation has ballooned to its own cottage industry within the practice of law. Many law firms tout expertise in the practice “Electronic Discovery Law.” Heady conferences...more

Georgetown E-Discovery Conference Recap: A “Must Attend” E-Discovery Educational Event

by Exterro, Inc. on

Are you looking to be educated by the best and brightest in e-discovery? Are you tired of conference sessions masked as educational but end up being vendor pitches in disguise? Do you want to learn beyond the theoretical? Are...more

Seventh Circuit: Class Action Limitations Tolling Stops Upon Dismissal, Regardless of Appeal

by Ballard Spahr LLP on

Addressing the often confusing issue of when class action tolling ends, in Collins v. Village of Palatine, the U.S. Court of Appeals for the Seventh Circuit announced the adoption of a simple and uniform rule: The...more

583 Results
|
View per page
Page: of 24
Cybersecurity

"My best business intelligence,
in one easy email…"

Your first step to building a free, personalized, morning email brief covering pertinent authors and topics on JD Supra:
Sign up using*

Already signed up? Log in here

*By using the service, you signify your acceptance of JD Supra's Privacy Policy.
*With LinkedIn, you don't need to create a separate login to manage your free JD Supra account, and we can make suggestions based on your needs and interests. We will not post anything on LinkedIn in your name. Or, sign up using your email address.