Celebrate Memorial Day with 20% discount on books and ebooks; some conditions apply Celebrate Memorial Day with 20% discount on books and ebooks; some conditions apply

 

EIA: Litigation  Category

   
A Funny Thing Happened on the Way to - Or the Discovery Subcommittee's Revised Rule 37(e) Returns to

A Funny Thing Happened on the Way to - Or the Discovery Subcommittee's Revised Rule 37(e) Returns to "Gotcha" Litigation (PDF)

The Subcommittee recommended that a court may impose an adverse jury instruction for failing to preserve evidence under Rule 37 absent a showing of prejudice, and at the same time it has expansively broadened a party's liability to preserve evidence even if no showing of prejudice is made.

$61.00
Amgen:  One Step Closer to Re-Examining the Fraud-On-the-Market Presumption of Reliance (PDF)

Amgen: One Step Closer to Re-Examining the Fraud-On-the-Market Presumption of Reliance (PDF)

A discussion of the Supreme Court decision in Amgen Inc. v. Connecticut Retirement Plans.

$61.00
Ascendancy and Concentration of MDLs (PDF)

Ascendancy and Concentration of MDLs (PDF)

Lawyers are increasingly turning to the MDL procedural vehicle to dispose of mass torts. Many judges favor the use of MDLs as case-management tool. Defendants favor MDL because it is an effective tool to dispose of cases by means of "global settlements," without overwhelming transactional costs that would incur if separate cases. Plaintiffs favor MDLs because more cases can be filed, litigated, and resolved. Is this healthy for the system?

$61.00
Comcast:  Individual Damages Issues Prevent Class Certification (PDF)

Comcast: Individual Damages Issues Prevent Class Certification (PDF)

In Comcast Corp. v. Behrend, No. 11-864, 133 S. Ct. 1426 (2013), the U.S. Supreme Court reaffirmed and extended the rule that courts facing class certification requests must conduct a "rigorous analysis" to insure that the party seeking class certification has met its burden to "affirmatively demonstrate" compliance with Rule 23.

$61.00
Denial of Privilege Status to a

Denial of Privilege Status to a "Smoking Gun" email in In re Google (PDF)

Highlights the challenges that the explosion in the volume of Electronically Stored Information ("ESI") has created in protecting confidential and privileged information.

$61.00