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Litigation & Trials

E-Discovery: The Elusive Search for the Ideal Search

The hunt for the ideal e-discovery search method has been a long, winding road. Search software now indexes, digests, organizes, and selects critical documents from the unimaginably large mountain range of electronically stored information (ESI). But has the steady conversion from tomes to gigabytes really taken us to the point where the search will lead to truth as quickly and cheaply as possible? Perhaps not yet. But we are getting closer.

Civil Rights & Constitution

Pleading: Twombly’s Seismic Disturbances

The Supreme Court’s decision in Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), has had a seismic impact on federal civil litigation. We all thought the notice pleading concept introduced under the Federal Rules of Civil Procedure had substantially eased the plaintiff’s burden at the pleading stage. The Supreme Court in Twombly said “yes, but,” and emphasized that notice pleading was never intended to dispense entirely with the need to plead facts demonstrating a right to relief. In short, facts matter: Rule 8 of the Federal Rules of Civil Procedure requires a statement of circumstances, events, and occurrences in support of the claim presented.