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Defendants Should Not Have Moved to Dismiss, Negotiated an ESI Protocol, and Engaged in Discovery Before Moving to Compel Arbitration

E-Discovery LLC

13, 2025), defendants waived their right to arbitration by moving to dismiss for failure to state a claim, negotiating an ESI Protocol, and engaging in discovery for 17 months. Defendants cited a contractual arbitration provision that mandated individual arbitration proceedings. In Parkin v.

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Conflicts Arising From Sanctions Motions: An Analytical Framework

WA Bar News

FUCILE [R]equests for sanctions should not turn into satellite litigation or become a ‘cottage industry’ for lawyers.” — Washington State Physicians Ins. 2d 1054 (1993) “Sanctions litigation has not become the “cottage industry” the Washington Supreme Court warned against 31 years ago in its seminal Fisons decision. Exchange v.

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Decoding Justice: Key Differences Between Civil and Criminal Litigation

CaseFox

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. Remember, knowledge is the power that allows you to identify the type of action to pursue when you face legal concerns. Discovery is the process by which parties exchange information and evidence.

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Document Review: Essential Strategies for Legal Professionals in Corporate and Contract Law

Destination Articles Blog

Understanding Document Review Document review is essential for legal teams to identify key, sensitive documents that shape case strategy and outcomes. From corporate compliance to contract negotiations and litigation, knowing what to retain, disclose, or contest is critical. Include arbitration or limit class actions.