Civil Procedure

  • Texas Lawyer | News

    Pulling Trade Secrets Suit at 'Halftime' Doesn't Trigger Fees for Defendant, Fifth Circuit Rules

    By Michael Booth | November 14, 2018

    Entitlement to fees "ordinarily requires being ahead when the final whistle blows in a case, not at halftime," the panel said.

  • New York Law Journal | News

    Black Lives Matter Activists' Lawsuit Over Police Surveillance Survives Dismissal Motion

    By Colby Hamilton | November 14, 2018

    A federal judge in the Southern District of New York ruled that BLM—as a group—lacked standing to sue, but individual activists who alleged concrete and actual injury could proceed.

  • The Legal Intelligencer | News

    Companies Agree to Pay $24M Over Construction Worker's Brain Injury

    By Max Mitchell | November 13, 2018

    According to court papers, plaintiff Leon Oates, a construction worker, broke through a drop ceiling tile during the construction project and fell about 15 feet, before falling another roughly 15 feet down a concrete staircase, leaving him in a "semi-conscious, infant-like state, entirely unable to walk, communicate, or care for himself."

  • Litigation Daily | News

    Construction Companies Agree to Pay $24M for Worker's Brain Injury

    By Max Mitchell | November 13, 2018

    According to court papers, plaintiff Leon Oates, a construction worker, broke through a drop ceiling tile during the construction project and fell about 15 feet, before falling another roughly 15 feet down a concrete staircase, leaving him in a "semi-conscious, infant-like state, entirely unable to walk, communicate, or care for himself."

  • New York Law Journal | Analysis

    Life Just Got Easier

    By David Paul Horowitz and Lukas M. Horowitz | November 13, 2018

    In their Burden of Proof column, David Paul Horowitz and Lukas M. Horowitz discuss two changes to the CPLR, the first a new section in article 45 designed to facilitate the admission into evidence of records produced during disclosure by an opposing party, and the second an amendment adding a new subsection (d) to CPLR 2305 designed to permit subpoenaed records to be delivered to an attorney's office and to make certain all parties receive copies of subpoenaed records from the attorney receiving the subpoenaed records.

  • New Jersey Law Journal | Commentary

    Case of Doctor's Testimony Shift Teaches a Lesson to Lawyers

    By Law Journal Editorial Board | November 12, 2018

    However the justices decide the present case before them, the moral to trial attorneys is simply this: Be alert to potential error in an adversary's trial presentation and make the appropriate objection, with underlying legal argument, at the time of its occurrence.

  • Litigation Daily

    Five Steps You Can Take to Avoid Litigation Malpractice

    By William T. McCaffery | November 9, 2018

    According to the most recent survey of the American Bar Association's Standing Committee on Professional Liability, personal injury litigation, alone, accounts for more than 20 percent of all legal malpractice claims brought in the United States. Being most at risk to malpractice claims, it is imperative for litigation attorneys to incorporate certain essential risk management techniques into their practices.

  • New York Law Journal

    Five Keys to Avoiding Litigation Malpractice

    By William T. McCaffery | November 9, 2018

    According to the most recent survey of the American Bar Association's Standing Committee on Professional Liability, personal injury litigation, alone, accounts for more than 20 percent of all legal malpractice claims brought in the United States. Being most at risk to malpractice claims, it is imperative for litigation attorneys to incorporate certain essential risk management techniques into their practices.

  • New York Law Journal | Analysis

    Can a Release in a Stock Purchase Agreement Preclude Claims Under a Software License?

    By Richard Raysman and Peter Brown | November 9, 2018

    In their Technology Law column, Richard Raysman and Peter Brown discuss 'Cyprus Grp. Holdings v. Onex', an opinion which dealt with a variety of issues in contract law, including the construction of a release provision in the context of a stock acquisition, the interpretation of forward-looking and ambiguous software license provisions, and whether two breach of contract and indemnity claims are sufficiently similar that if one is precluded by a release, so too is necessarily the other.

  • New York Law Journal | Analysis

    Attorney Misconduct During Depositions

    By Michael Hoenig | November 9, 2018

    Complex Litigation columnist Michael Hoenig writes: Although the complex topic of deposition misbehavior is broad and the variants are many, the common thread running throughout the rules and the case law is: Let the Deponent Testify! With few explicit exceptions, the attorney should not interfere with the witness's answers or the flow of the examination.

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