Litigation Resource Community

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1	Duties Of Sports Agents To Athletes And Statutory Regulation Thereof	15343
2	Mealey's Litigation Report: Discovery	12906
3	Title IX And Other Women’s Issues	11393

Title	Downl.
1	Mealey's Litigation Report: Discovery	43
2	Mealey’s Litigation Report: Class Actions	11
3	Mealey’s Daubert Report	10

9th Circuit Notes Inconsistent Rulings By Other Circuits In Awarding Attorney Fees In Clean Water Act Cases, Holds They Can Be Rarely Denied To Prevailing Party

In a prior post (5/29/08) regarding St. John's Organic Farm v. Gem County Mosquito Abatement Dist. , 2007 U.S. Dist. LEXIS 63224 (D. Idaho 2007), it was noted that the District Court held that, because of the unique wording of the CWA attorney’s fees

Published Thu, Sep 24 2009 3:51 PM by Thomas H. Clarke, Jr.

Madoff Litigation: Liability, Targets And Collectability

Indirect investors looking to recover losses in the Madoff and other Ponzi schemes should consider liability and collectability in deciding who to sue, a panel of experienced plaintiff and defense attorneys told participants in HB Litigation Conferences

Published Wed, Sep 23 2009 4:08 PM by Teresa Zink

Connecticut Federal District Court Bars Evidence Of Soil Samples As Sanction For Failure To Preserve Evidence

Two prior posts have noted holdings in the case of Innis Arden Golf Club v. Pitney Bowes, Inc. (D. Conn. 2009). One of the holdings in the more recent case deserves further expansion and analysis. In the holding at 257 F.R.D. 334 (2009 U.S. Dist. LEXIS

Published Wed, Sep 23 2009 3:50 PM by Thomas H. Clarke, Jr.

Eric R. Benton On The Jurisdictional Provisions Of The Carmack Amendment

Pursuant to the North American Free Trade Agreement (NAFTA), shipments to and from the United States to Canada and Mexico are increasing. When a shipment is lost or damaged, the courts are faced with the question of whether the full liability provisions

Published Wed, Sep 23 2009 12:55 PM by Eric R. Benton

Eric R. Benton On The Jurisdictional Provisions Of The Carmack Amendment

Pursuant to the North American Free Trade Agreement (NAFTA), shipments to and from the United States to Canada and Mexico are increasing. When a shipment is lost or damaged, the courts are faced with the question of whether the full liability provisions

Published Wed, Sep 23 2009 12:55 PM by Eric R. Benton

Recent Supreme Court Ruling Shows Concept Of Punitive Damages Still Alive And Well In Tort Law

The awarding of punitive damages has been under attack for almost two decades, both by business interests and by those who argue for tort reform and a smaller role of courts in our society. The Supreme Court of the United States appeared to have put the

Published Fri, Sep 11 2009 4:14 PM by Ted Zwayer

McCallum On Furloughs And Reduced Workweeks: Assessing Legal Risks Associated With These Cost-Cutting Measures

In this Emerging Issues Analysis, management employment attorney Darryl McCallum analyzes pitfalls employers face when implementing furloughs and reduced workweek schedules for exempt employees. The article examines Archuleta v. Wal-Mart and subsequent

Published Thu, Sep 10 2009 2:47 PM by Darryl G. McCallum

Professor Daniel Capra On Admissibility Of Records And Certificates In Criminal Cases After Melendez-Diaz

In this Emerging Issues Analysis, Professor Daniel J. Capra of Fordham University considers the implications of Melendez-Diaz on the admissibility of records and certificates under the Federal Rules of Evidence. He finds that the court has left a good

Published Thu, Sep 10 2009 11:27 AM by Daniel J. Capra

Westermeier On Using The Computer Fraud And Abuse Act Against Former Employees

A number of recent cases have held that since a now former employee was authorized to access and use the employer’s computer systems before they left the company, their access to and improper use of the information after they left the company does not

Published Tue, Sep 8 2009 4:24 PM by J. (Jay) T. Westermeier

Gold On Personal Jurisdiction In The Internet Age: What Does A Web Site Have To Do To Constitute Minimum Contacts Sufficient To Establish Jurisdiction?

In Andys Music, Inc. v. Andys Music, Inc. , an Alabama plaintiff argued that the mere fact that the defendant had a Web site accessible via the Internet in Alabama was sufficient to establish personal jurisdiction against it. A court disagreed. So, what

Published Tue, Sep 8 2009 3:39 PM by Andrew M. Gold

California Court: Standing Requires Direct Relationship Between Alleged Agency Action, Injury Suffered

The Clean Water Act's Section 303(d) requires each State biennially to develop a list of environmentally impaired water bodies and to submit the list to the EPA for approval or disapproval. In 1992, California recommended, and the EPA approved, the Section

Published Tue, Sep 1 2009 11:36 AM by Thomas H. Clarke, Jr.

Liability, Targets & Collectability: Key Factors Facing Indirect Investors In Madoff-Style Schemes

Indirect investors looking to recover losses in the Madoff and other Ponzi schemes should consider liability and collectability in deciding who to sue, a panel of experienced plaintiff and defense attorneys told participants in HB Litigation Conference

Published Tue, Sep 1 2009 11:16 AM by Teresa Zink

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9th Circuit Notes Inconsistent Rulings By Other Circuits In Awarding Attorney Fees In Clean Water Act Cases, Holds They Can Be Rarely Denied To Prevailing Party

Madoff Litigation: Liability, Targets And Collectability

Connecticut Federal District Court Bars Evidence Of Soil Samples As Sanction For Failure To Preserve Evidence

Eric R. Benton On The Jurisdictional Provisions Of The Carmack Amendment

Eric R. Benton On The Jurisdictional Provisions Of The Carmack Amendment

Recent Supreme Court Ruling Shows Concept Of Punitive Damages Still Alive And Well In Tort Law

McCallum On Furloughs And Reduced Workweeks: Assessing Legal Risks Associated With These Cost-Cutting Measures

Professor Daniel Capra On Admissibility Of Records And Certificates In Criminal Cases After Melendez-Diaz

Westermeier On Using The Computer Fraud And Abuse Act Against Former Employees

Gold On Personal Jurisdiction In The Internet Age: What Does A Web Site Have To Do To Constitute Minimum Contacts Sufficient To Establish Jurisdiction?

California Court: Standing Requires Direct Relationship Between Alleged Agency Action, Injury Suffered

Liability, Targets & Collectability: Key Factors Facing Indirect Investors In Madoff-Style Schemes