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New Jersey Law Journal

Discovery of Litigation Funding in NJ Mass Tort Litigation: Charting a Course

With the increasing costs of mass tort litigation, and the expanding role of third-party litigation funders, familiarity with judicial decisions addressing the discoverability of litigation funding is particularly important.
7 minute read

The Legal Intelligencer

SCOTUS Rejects Broad Discovery Rule for Debt Collection Actions

Writing for the majority, Justice Clarence Thomas said that, despite Congress having included language allowing for broad discovery rules in other statutes, the language of the FDCPA clearly said the statute of limitations began to run at the time the violation occurred.
4 minute read

New York Law Journal

The Right to an Interpreter or Facilitator at Trial

Any person who has difficulty with communication, due to language differences or a disability, is entitled to testify with the aid of an interpreter or facilitator where the court finds that certain criteria are met.
12 minute read

Law.com

Fourth Circuit: Attorney-Client Privilege Is Worth Fighting For

The Fourth Circuit's decision highlights the importance of this protection for effective attorney-client relationships, and a willingness to safeguard the privilege when it is at risk.
8 minute read

New York Law Journal

Article 31 in Surrogate's Court: The Road to Discovery

The past several months have seen significant decisions concerning Article 31 discovery in the Surrogate's Court where topics such as electronic discovery, the costs of document production, the costs of document production, and digital assets were addressed. In her Trusts and Estates Update, Ilene Sherwyn Cooper discusses recent opinions ruling on these issues.
9 minute read

Litigation Daily

Daily Dicta: Williams & Connolly Blasts Feds for Withholding Major Exculpatory Evidence (Again) in Blockbuster Case

"Enough is enough," the Williams & Connolly team wrote in a motion for a new trial. "Mr. Slatten's service to this country has been repaid with more than a decade of flawed legal proceedings caused by repeated government transgressions."
7 minute read

New York Law Journal

'ALJ v. FedEx': What Comes Next for §1782?

While the 'ALJ v. FedEx' decision has prompted concern in some corners that U.S.-style discovery will corrupt private international arbitration, the reality is much more nuanced.
11 minute read

National Law Journal

DOJ Offers Counter to US House's Argument That Trump Might Have Lied to Mueller

DOJ lawyers argued that the Democratic lawmakers have not cited a "particularized need" for grand jury information on three people who have pleaded guilty to lying to investigators.
4 minute read

New York Law Journal

Feds Say New Indictment Is 'Likely' in Campaign-Finance Case Against Giuliani-Linked Defendants

A federal prosecutor in Manhattan said Monday that a new indictment was "likely" in the criminal campaign-finance case against two associates of Rudy Giuliani.
4 minute read

New York Law Journal

Court Infers Intentional, Bad Faith Spoliation From Use of Ephemeral Messaging

In their Federal E-Discovery column, Christopher Boehning and Daniel J. Toal discuss the recent case of 'Herzig v. Ark. Found. for Med. Care', which addresses the issue of ephemeral messaging and spoliation. The court there found that the use of the ephemeral messaging app Signal was evidence of bad faith sufficient to warrant sanctions.
8 minute read

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