Blog Entries
Observations about current developments bearing on complex litigation, U.S. and international arbitration, the Federal Rules, and occasionally state rules.
RSS2010 Oct
21 Oct 2010
May a Pro Se Litigant File a Motion to Recuse under 28 U.S.C. § 144, Which Requires a Certificate of Counsel of Record? Caselaw Split
20 Oct 2010
Request for 60 Days to Respond to TRO = Implied Consent to Extend TRO for the Full Period Requested and Until Court Rules
19 Oct 2010
Disqualification in Federal Court Is Determined under Federal Standard, Not State Ethical Rules
18 Oct 2010
Non-Lawyer’s Draft Report Protected as Work Product but Impressions, Opinions or Conclusions of Non-Lawyers ≠ Core Work Product
17 Oct 2010
Communications Decency Act Immunizes ISP / Host from Liability under State Law for Content of Postings under unless Its System Is Designed to Facilitate Unlawful Acts
16 Oct 2010
Third-Party Consumer Emails Admissible under Residual Exception — Unfair Trade Practices Litigation
15 Oct 2010
Federal Court May Not Generally Sanction a Party with an Injunction against Filing State Court Litigation — Party May Be Held in Contempt for Violating Order Only If It Is Unambiguous
14 Oct 2010
Rule of Unanimity Does Not Apply to National Bank Removal under 12 U.S.C. § 632 — Any Defendant May Remove, Not Just the Bank — Caselaw Split
13 Oct 2010
Inherent Power Sanctions for Improper Final Argument
12 Oct 2010
Personal Representative of Estate May Sue Attorney of Decedent for Negligent Estate Planning — New York Court of Appeals
11 Oct 2010
Email / Admissibility Issues on Summary Judgment
10 Oct 2010
No Error in Allowing Jury to Observe Objections, Instructions and Colloquy on Video Deposition
09 Oct 2010
Good Bye to Docket Numbers
08 Oct 2010
RICO Is Not Extraterritorial — Part 2
07 Oct 2010
Making Rule 37(b)(2) Contempt Sanction Contingent on Non-Payment of Attorneys' Fees Renders It Civil (Because Purgeable) and Not Criminal, Even If the Sanction Is Imprisonment — No Case-Ending Sanctions Absent Prejudice
06 Oct 2010
District Court Lacks Inherent Power to Sanction Counsel for Conduct During Arbitration Even If Court Ordered the Parties to Arbitration (Note: Not Court-Annexed Arbitration)
05 Oct 2010
“No Actions” Clause Barring Suit and Requiring Indemnification of Defense Costs If Suit Is Filed Does Not Extend to Attorneys' Fees Incurred in Bringing Counterclaim
04 Oct 2010
Relaxed Timeliness Requirements for Rule 11 Motions under the PSLRA
03 Oct 2010
May a Federal Court Enter Summary Judgment on an Issue That Is Less Than a Full “Claim”? — Caselaw Split as to Meaning of “Claim”
02 Oct 2010
Prelitigation Email from Counsel Admissible against Client as Admission
01 Oct 2010