Does Anxiety Create Standing?
Two federal circuits interpret SCOTUS ruling to mean that standing remains fact specific, sowing doubt for future data breach damages claims.
Litigation News | Spring 2024
Volume 49, Issue 3
Features
Mandatory Bar Association Speech Must Be Focused
Activists bring litigation asserting freedoms of speech and association after court restricts speech to topics germane to practice of law.
Only U.S. Attorney General Can Challenge Dilution of Voting Power
Only the attorney general can file suit, though some circuits allow private claims, according to a federal appellate court.
Columns
DEI in the Business of Law: Challenges and Progress
For decades, the legal industry has grappled with issues of representation, equality, and inclusivity.
“Wrong Number!” Can You Control Who Calls Your Telephone?
A mild nuisance at first, telemarketing became a national concern once automatic dialing technology emerged.
The Power of a Purpose-Built Cross-Examination
Hopefully, your cross is backstopped by methodical preparation invested throughout discovery and over the lifetime of the case.
Your Enemy in the Courtroom: Step Away from the Podium
It is not your friend because it interferes with effective communication and separates us from those we want to persuade.
A Brief Introduction to Using Experts in Litigation
This book is a concise guide that answers questions that newer litigators may be afraid—or worse, do not know enough—to ask.
Departments
Expanded Ethical Obligations for Diminished-Capacity Clients
As the baby boomer population ages, ethics authorities are bringing attention to issues surrounding clients with diminished capacity
Individual Lawyers—Not Firms—Must Pay Discovery Sanctions
Rule 37 authorizes sanctions against individual attorneys, but not their firms, according to a federal appellate court's reading of FRCP 37
Doctored Evidence Leads to Rare Sanctions Against Plaintiff
Party held accountable for bad faith and failure to adequately justify conduct, sanctioned to substantial fees
Time’s Up: No Recourse for Untimely Filed Complaint
A federal court of appeals affirms the dismissal of a complaint filed 16 minutes past the midnight deadline.
Late Pleading Amendment Prevents Federal Jurisdiction
Federal court will not meddle with state court's ruling when amended pleading frustrates diversity jurisdiction