Frozen Embryos Are People, Too
State supreme court upholds wrongful death action for destroyed embryos, declaring an unimplanted embryo a "minor child."
Litigation News | Summer 2024
Volume 49, Issue 4
Features
Documentation Serves as Safety Net Against Employee Retaliation Claims
Successful FMLA claim requires more than just “motivating factor” evidence, according to a divided federal appellate court.
Appellate Court Rejects Free Speech Challenge to Drone Law
A federal appellate court upholds a law restricting drone photography, lacking exceptions for press.
Columns
Technology and the Second Amendment: Bump Stocks, Stun Guns, or Billy Clubs?
If newness is not the criterion to distinguish technologies protected by the Second Amendment from those that are not, what is?
“Counsel, Control Your Client!”
Of all the challenges attendant to trial practice, maintaining effective client control can sometimes be the hardest.
The Impact of Falling Law Firm Realization Rates
The realization rate essentially measures the proportion of billed hours that are collected as revenue.
Sizing Up Your Oponent for Trial: Three “Tells” Tell All
Knowing about your opponent helps you prepare your own client for deposition: Forewarned is forearmed.
Six Strategies to Spring into a Happier, Healthier Well-Being
Spring yourself towards a healthier, happier, and more harmonious well-being with these six strategies.
Departments
Court Orders Supervisory Sanction After Deposition Dust-Up
Fees will be “the lesser of offending counsel’s worries” if conduct continues, according to a magistrate judge
Firm Representing Partner Against Former Client May Be Liable
Legal malpractice and breach of fiduciary duty claims survive summary judgment, ruled a federal court
Frivolous Antitrust Suit Leads to Malpractice Finding
Attorney responsible for failing to conduct a reasonable inquiry into claims made by a wedding photography company
Federal Circuit Holds Sway in Patent Appeals
A federal appeals court's dismissal of a witness's appeal serves as a reminder that regional circuit courts lacks jurisdiction over discovery order.