2013
Civil Rights Attorneys May Be Awarded More than Their Clients
By Sara E. Costello – December 18, 2013
Case highlights the importance of preparing a clear and well-supported fee petition.
Lawyer's Duty of Loyalty to Client Trumps Loyalty to Spouse
By M. Derek Harris – December 10, 2013
Attorneys must not assist others, including spouses, if actions are adverse to a client.
Class Settlement Rejected Due to "Worthless Injunctive Relief"
By Joseph Callanan – December 2, 2013
Appeals court says Pampers' class action settlement stinks.
Text Message Sender May Face Liability for Driver's Accident
By Pamela Sakowicz Menaker – November 27, 2013
Texter who knows recipient is driving and driver's texting habits has duty not to distract.
Circuits Split on Indispensable Parties
By Angela Foster – November 21, 2013
Flexible nature of Rule 19 analysis allows abuse of discretion or de novo review.
Third-Party Documents Admissible as Business Records
By Kelso L. Anderson – November 15, 2013
Ruling reflects trend in favor of allowing third-party evidence.
Facebook Communication Leads Court to Vacate Murder Conviction
By Bethany Leigh Rabe – November 11, 2013
Court should have allowed inquiry into juror-witness Facebook contact.
Spoliation of Electronic Data Results in Severe Sanctions
By Caitlin Haney – November 5, 2013
Deletion of laptop files leads to monetary sanctions and inference of bad faith.
Class Certification's Predominance Standard Alive and Well
By Robert T. Denny – October 25, 2013
Sixth Circuit clarifies scope of recent U.S. Supreme Court ruling on class certification.
Under Dodd-Frank Act, a Whistleblower Is a Whistleblower
By John W. Joyce – October 21, 2013
Whistleblower requirements are the same under anti-retaliation and bounty provisions.
Recovering Trial Technology Costs
By Natasha Saggar Sheth – October 15, 2013
Trial presentation technology can help make a case, but the expense is a drawback.
Merchants May Have Recourse on Data Breach Liability Assessments
By Henry R. Chalmers – October 10, 2013
Payment networks may face hurdles in charging banks when merchants are hacked.
Employer Violates Labor Laws by Failing to Pay Interns
By Daniel Elms – December 9, 2014
NY District Court ignores other circuits; holds unpaid interns are employees under FLSA.
Unsigned Conflict Waiver Letter Found Enforceable
By Joseph Callanan – October 1, 2013
Client waived advance conflicts despite never signing letter.
Demonstratives Allowed in Jury Room during Deliberations
By Sean T. Carnathan – September 24, 2013
Are demonstrative exhibits helpful to the jury or misleading and unfair?
Maryland Declines to Do Away with Contributory Negligence
By Sara E. Costello – September 18, 2013
High court leaves negligence standard for the legislature to decide.
Two U.S. Supreme Court Opinions Enforce Arbitration Agreements
By M. Derek Harris – September 13, 2013
Court finds terms of parties' arbitration agreements and class action waivers binding.
Lawyers' Duty to Disclose False Evidence May Extend Indefinitely
By Angela Foster – September 10, 2013
Even after the conclusion of a proceeding, lawyers must take action.
Tort Reform Dealt a Blow in Oklahoma
By Andrew J. Kennedy – September 5, 2013
Other states watch closely as tort reform struck on constitutional grounds.
Contingent Fee Permissible When State Hires Private Counsel
By Robert T. Denny – August 30, 2013
No conflict of interest to pursue consumer protection claims for the state.
Motions in Limine Held Not Dispositive
By Jonathan B. Stepanian – August 27, 2013
Motions for summary judgment–not motions in limine–terminate claims.
Need a Lawyer? Check Your Text Messages
By Natasha Saggar Sheth – August 22, 2013
Ohio high court finds text messaging an acceptable form of attorney advertising.
Facebook Messages Admissible under Traditional Evidence Rules
By Lisa R. Hasday – August 19, 2013
State appellate court finds that messages are authentic and not hearsay.
Discovery Processing Costs Not Recoverable
By Ian S. Clement – August 14, 2013
Non-taxability of discovery expenses costs winning litigant more than $100,000.
Litigation Privilege Immunizes Lawyers from Fraud Actions
By Oran F. Whiting – August 8, 2013
Doctrine promotes zealous client advocacy.
"Private" Postings Nevertheless Discoverable
By Katerina Milenkovski – August 2, 2013
Judge orders forensic expert to review Facebook posts.
Ethical Breach by Class Counsel Does Not Defeat Certification
By John W. Joyce – July 29, 2013
Court focuses on prejudice to class members or compromising integrity of the lawsuit.
Court Finds CAFA Ambiguous, but Clear, on Attorney Fees
By Kelso L. Anderson – July 23, 2013
Divided Ninth Circuit limits attorney fees to a percentage of value of redeemed coupons.
Investigating a Juror's Claim of Racial Bias
By Jannis E. Goodnow – July 18, 2013
In rare cases, a trial court may investigate whether racial bias affected a verdict.
Supreme Court Closes Class Action Loophole
By Jonathan B. Stepanian – July 15, 2013
Stipulation limiting damages inadequate to defeat federal class action jurisdiction.
Attorneys Suspended Nine Months for Influencing Client's Story
By Bethany Leigh Rabe – July 12, 2013
Stipulation limiting damages inadequate to defeat federal class action jurisdiction.
Patent Complaint Does Not Have to Identify Infringing Activity
By Christina M. Jordan – July 3, 2013
Sample form satisfies the pleading standards of notice and plausibility.
Florida's Economic Loss Rule Limited to Products Liability Cases
By Oran F. Whiting – July 1, 2013
Expansion of the rule beyond its products liability origins proves unworkable in practice.
Unfulfilled Discovery Promises Lead to Rule 16(f) Sanctions
By Angela Foster – June 25, 2013
District court imposes sanctions for delaying case without a finding of bad faith.
Ninth Circuit Allows Intervention to Preserve Deposition
By Caitlin Haney – June 21, 2013
Lawyers must take steps to fully enforce protective orders after a case settles.
Class Certification Denied in Data Breach Case
By Henry R. Chalmers – June 18, 2013
Lack of expert testimony prevents plaintiffs from satisfying predominance requirement.
Fraud-on-the-Market Theory Questioned
By Sean T. Carnathan – June 12, 2013
Securities fraud plaintiffs win, but is the victory pyrrhic?
Law Firm's Advance Conflict Waiver Upheld
By Lisa R. Hasday – June 6, 2013
Sophisticated company gave informed consent for lawyer to represent future adverse client.
Oil and Gas Regulation Sole Domain of State
By Katerina Milenkovski – June 4, 2013
Ohio court rules municipality's home rule preempted by state regulatory scheme.
Attorney Blogger Runs Afoul of Ethics Rules on Advertising
By Renee Choy Ohlendorf – May 30, 2013
Virginia high court finds blog is not protected political speech.
Zip Codes Are Private
By Andrew J. Kennedy – May 28, 2013
Ruling fuels class actions against retailers following similar California suits.
Courts Remain Reluctant to Expand Interlocutory Appeals
By Caitlin Haney – May 22, 2013
Private parties cannot seek interlocutory appeal for issues reserved for state actors.
Lawyers May Face Liability for Ex-Parte Defamatory Remarks
By M. Derek Harris – May 16, 2013
Potential defamatory statements may be subject only to a qualified privilege.
Counterclaim May Be Avoided by Covenant Not to Sue
By Christina M. Jordan – May 13, 2013
Plaintiff may exit trademark lawsuit by filing broadly worded covenant.
Asking for Friendly Advice Can Create a Conflict
By Jannis E. Goodnow – April 29, 2013
Plaintiff's choice of counsel stymied by defense counsel's casual consultation.
Co-Client Relationship Between Insurer and Insured Not Automatic
By Ian S. Clement – April 23, 2013
Insured's assertion of attorney-client privilege upheld against insurer.
Co-Client Relationship Between Insurer and Insured Not Automatic
By Ian S. Clement – April 23, 2013
Insured's assertion of attorney-client privilege upheld against insurer.
"Golden Rule" Arguments Not Okay on Liability Issues
By Bethany Leigh Rabe – April 17, 2013
D.C. Circuit orders retrial over "golden rule" statements, furthering split among circuits.
Contribution and Indemnification for ERISA Fiduciaries
By Douglas E. Motzenbecker – April 11, 2013
Federal courts divided on implied right, and the Supreme Court remains silent.
Attorney's ECF Error Forfeits Client's Right to Appeal
By Kelso L. Anderson – April 5, 2013
Second Circuit limits district court's discretion to grant relief from untimely appeal.
Establishing That Text Messages Are Admissible
By Sara E. Costello – April 1, 2013
Employer retaliation—not employee resignation—triggers constructive discharge claim.
"Reckless Disregard" May Suffice for Spoliation Sanction
By Sean T. Carnathan – March 26, 2013
Court imposes adverse inference instruction despite lack of actual malice.
Rambus's Prejudicial, Bad Faith Spoliation Warrants Harsh Sanction
By Joseph Callanan – March 18, 2013
District court "fully explains" spoliation sanction that rendered patents unenforceable.
Circuits Split on Computer-Based Personal Jurisdiction
By Henry R. Chalmers – March 11, 2013
Nature of claims and language in long-arm statutes may explain different outcomes.
Lawyers Are Ethically Bound to Civility and Professionalism
By Oran F. Whiting – March 6, 2013
Duty to advocate zealously is not license for uncivil conduct, says Indiana high court.
Attorney's Failure to Join Essential Party May Be Malpractice
By Angela Foster – February 27, 2013
Unsettled issue of law is not a silver bullet against attorney's inaction.
Informal Agreement Does Not Mean Done Deal
By Katerina E. Milenkovski – February 22, 2013
Requirements of Copyright Act not satisfied by informal email agreement between attorneys.
Truthful Off-Label Marketing is Protected Speech
By Jonathan B. Stepanian – February 20, 2013
Second Circuit deals blow to FDA attempts to restrict off-label marketing.
Ethical Limits on Rebutting Client's Disparaging Internet Comments
By Renee Choy Ohlendorf – February 14, 2013
Ethics Commission balances protection of former client against attorney defending his reputation.
Securities Class Action Resolutions Slow Down
By Lisa R. Hasday – February 11, 2013
Report points to a pending Supreme Court decision and fewer available cases.
Former Cocounsel Must Share the Fruits of Their Labor
By Ian S. Clement – January 23, 2013
Contingency fee firm's quantum meruit claim may proceed against former cocounsel.
Simple Negligence Sufficient for Ethics Violation
By Kelso L. Anderson – January 23, 2013
Attorney's failure to inform secondary court of withdrawal violates ethics requirement.
Malpractice Insurer Must Defend Lawyer Who Admits Mistake
By Jannis E. Goodnow – January 16, 2013
Ethical duty trumps policy that prohibits admission of liability.
Can Judges "Friend" Attorneys on Social Media?
By Bethany Leigh Rabe – January 14, 2013
The Tennessee Judicial Ethics Committee says judges must proceed with caution on social media.
Surprise Order Forces Parties to Identify Bloggers on Payroll
By Jannis E. Goodnow – January 3, 2013
Court orders disclosure of paid commentators making statements on issues in case.