A recent blog post here examined the circumstances under which a prevailing party in litigation can obtain reimbursement for deposition-related costs in federal courts. The rules are complicated, constrained by the statutory...more
In a litigator’s nightmare, when old wooden floors creak and the house speaks in sinister tones to its owner, it’s not: “Get Out!” that the lawyer hears. It’s: “Your Responses to the Admissions are Late.” Such is the life. ...more
On May 16, 2023, the United States Patent and Trademark Office published a Federal Register Notice outlining its newly expanded admission criteria for registration to practice before the office. These changes followed an...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
The CPLR 3123 notice to admit can be a useful device in litigation. Its primary purpose is to expedite a trial by eliminating the necessity of proving a readily admittible fact or matter not in dispute. ...more
When your divorce attorney refers to “discovery”, he/she is referring to the exchange of information and documentation relative to all issues in your divorce. Discovery is in the form of the following requests for information...more
Litigation tends to be expensive, increasingly so due to the burdens of discovery. (You can thank the advent of emails, text messages, and other forms of communication now documenting conversations that used to take place by...more
As a defense attorney practicing in the areas of auto accidents, premises liability, and products liability cases, I observe plaintiff’s counsel serving my clients with requests for admission, asking for improbable...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 2015, the Connecticut Supreme Court concluded that the Judicial Branch has the sole authority to license and regulate the general practice of law in Connecticut. See Persels & Associates, LLC v. Banking Commissioner, 318...more
The Trademark Trial and Appeal Board ?TTAB? will implement new rules on January 14, 2017, that will apply to all inter partes proceedings (oppositions, cancellations, concurrent use) and ex parte appeals that are pending on,...more
On September 23, 2016, an Indiana taxpayer escaped dismissal of its income tax appeal when the Tax Court allowed it to withdraw harmful deemed admissions. Thor Industries challenged the 2008 to 2010 adjusted gross income tax...more
The fourth edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, cost shifting and other e-discovery issues....more
In Grace v. Mansourian, (filed 8/17/2015, order published 9/15/2015, No. G049590) the Fourth District Court of Appeal held a defendant’s denials of plaintiff’s requests for admission were unjustified given the substantial...more
In the past two months, the Trademark Trial and Appeal Board has issued three opinions citable as Board precedent. The following is a brief summary of each opinion and its precedential impact....more
In Gonsalves v. Li, Case No. A140284, the First Appellate District of the California Court of Appeal held that denials of Requests for Admission are not admissible in cases where a party's litigation conduct is not directly...more
Requests for Admission are written statements of fact which are submitted to an adverse party in a divorce proceeding which that party is required to admit or deny. They can be an effective and efficient way to establish...more