Fail-Safe Class Certification Deemed Permissible
A federal appellate court has issued a groundbreaking ruling on class determination through decision on merits, which splits with other circuits.
Litigation News | Fall 2023
Volume 49, Issue 1
Features
Court Puts Brakes on Couriers Based on 100-Year-Old Act
Intrastate deliveries are not enough for application of the Commerce Clause, according to a federal appellate court
Hypothetical Jurisdiction Dooms Legal Malpractice Claim
A federal appellate court uses a circuit-split doctrine to overlook jurisdiction and dismiss malpractice claim.
Columns
Coming (Back) to America: Does Your Data Cross with You?
Although only a small fraction of international travelers have their devices searched, the practice is on the rise.
Rule 30(b)(6) Depositions Are a Two-Way Street
Take advantage of the Rule's meet-and-confer requirement to prevent adverse consequences for your client.
The Impact on Law Firms of Deferring Associate Start Dates
From the global financial crisis to the COVID-19 pandemic, law firms have had to adapt to shifting economic landscapes and evolving client needs.
Long Answers to Short Questions: Crossing the Expert Who Can’t Say “Yes”
Does the jury know the answer? It doesn't matter. All that matters is what they think the answer should be.
The Perils of Dealing with Pro Se Litigants
Pro se litigants present unique challenges to a judicial system that prizes uniformity and consistency.
Sometimes You Just Have to Reboot
University Hospitals lists the five most stressful life events as: death of a loved one; divorce or separation; moving; long-term illness, and job loss.
Humorous Reflections on a Life in the Law
A brief and human take on lessons learned and challeges overcome in the sometimes-chaotic legal profession.
Departments
Formal Ethics Opinion Outlines Client Language Access Duties
Model rules require attorneys to provide clients communication tools to overcome language or other barriers.
Lawyers Have Duty to Protect Client Contacts in Smartphones
An ethical duty of confidentiality extends to safeguarding a client's data from apps on smartphones.
Ethics Breach May Violate State Consumer Protection Statute
Evidence of ethics violations of multi-jurisdictional practice admitted in unfair practice claim against lawyer.