When to Be Objectionable . . . And How Not to Be an Artless Clay-Brained Pignut
Figuring out the timing of objections poses many difficulties, and sometimes we will get it less than completely right.
Litigation Journal | Winter 2023: Timing
Volume 49, Issue 2
Features
Tick, Tick . . . BOOM? Tamping the Rush of the Noncompete Preliminary Injunction Motion
Noncompete litigation involving preliminary injunctions often contains important nuances; a rote rush to filing can mean missed opportunities. At other junctures in the case, speed may actually kill.
What Makes Trials Famous?
Famous trials are born of celebrity, “juicy” facts, overwhelming media coverage, and, especially, zeitgeist.
The Rocket Docket: Ensuring Clarity and Predictability in Civil Litigation
The Eastern District of Virginia is one of the few places in the United States where a litigant can enjoy the predictability of having a matter heard and resolved in less than a year.
Sua Sponte: A Judge Comments
Litigation that lasts too long can become prohibitively expensive. Litigation that is rushed can interfere with a party’s rights to develop evidence and arguments.
Appearing in the Red Glare of the Rocket Docket
To survive a complex trial in the EDVA must surely be the litigation equivalent of a Marine recruit’s surviving Parris Island.
Timing, Leverage, and Mischief in Class Actions
The combination of various class action timing rules can create an enticement that would tempt even the most honorable.
Transitioning to Happiness: Type-A Trial Attorneys and Retirement
Most type-A litigators have hobbies, travel plans, and a myriad of other things that they would love to pursue more fully.
Timing Is Everything: When to Ask for a Settlement Conference
To ensure the most productive conference possible with the best chance of success, counsel should recognize the stage of the case and the different considerations involved with the timing of the conf…
Columns
Time Is Not on Our Side
If there is a desire to reform our current civil justice system, then there are things we can do to get to trial faster and thus reduce the cost of civil litigation.
Judging and the Rule of Law
The rule of law means that public officials do not exercise any authority that is not given to them by a legitimately constituted higher authority.
Reflections on Benjamin R. Civiletti
The ABA Litigation Section was fortunate that Ben became a bar leader while serving as attorney general.
How the Russian Invasion of Ukraine Is Testing the Might of International Law
The war in Ukraine is a devastating human rights and humanitarian crisis. It also serves as a gut punch to the international rule of law.
Judicial Musings: How Rhythm Helps Characterize Court Opinions
Understanding the contrasting use of prose rhythms by two Justices helps us understand how and why they communicate with us.
The Changing World of Expert Testimony
Without facts and data about unjust outcomes, and with only impressions based on anecdotes, it’s not clear that a proposed amendment will turn judges into better gatekeepers.
Dobbs-Smacked
It is a legitimate question to ask anew where the Court got the power to add or subtract rights and whether it comes by it fairly.
Communicating with Clients
Litigation is a flawed, uneven system. Be thorough, be truthful, and occasionally you’ll sleep at night.
Dividing Contingency Fees after a Lateral Move
Lawyers should try to work out an agreement, because no one—including judges—likes to see lawyers fighting over money.
Headnotes
Give the Dobbs Leaker a Break
Without leaks, we’d be left to a Pravda-like, institutional version of events: often false, more often incomplete, and almost always self-serving.
Badlands
A lawyer stumbles across the evidence of an old murder and it leads him to leave the law after 25 years and pursue a writing career.
Constance Baker Motley's Greatest Legal Battle: James Meredith’s Admission to Ole Miss
As a trial lawyer, Motley stood firm before a federal judge who treated her with disrespect, yet created a record sufficient for an appellate court to enter final judgment for her client.