Civil Litigation Brief

MARCH 5, 2025

For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes.

Pleadings 52

Pleadings Evidence 52

Civil Litigation Brief

OCTOBER 6, 2024

For some time now the courts have been grappling with the notion of the “implied sanction” in relation to rules and orders. Some rules are subject to “implied sanctions” so that a failure to comply means that a party has.

Pleadings 97

Pleadings 97

Civil Litigation Brief

MARCH 6, 2025

The failure of a claimant to plead a cause of action in a claim form was considered. Having determined to look more closely at cases where the statements of case are at issue cases seem to come forward in abundance.

Pleadings 40

Pleadings 40

E-Discovery LLC

JANUARY 4, 2025

Hall stands in contrast to another recent decision in which both disputing litigants were ordered to state under oath that they had produced all responsive documents. Sometimes Discovery Disputes Do Not Bring Out the Best in Us (Apr. 10, 2024); Two Recent Decisions Imposing Sanctions for Discovery Failures (Dec.

Discovery 130

Discovery Pleadings Objections Litigation 130

E-Discovery LLC

FEBRUARY 25, 2025

wrote: It is time, once again, to issue a discovery wake-up call to the Bar in this District: the Federal Rules of Civil Procedure were amended effective December 1, 2015, and one change that affects the daily work of every litigator is to Rule 34. Forrest, 2017 WL 773694, at *1 (S.D.N.Y. accord Avila v. Target Corp., 583, 584, 374 A.2d

Interrogatories 130

Interrogatories Objections Discovery Admissibility 130

IP Watchdog

NOVEMBER 8, 2021

On November 5, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a precedential decision in Celgene Corp. Mylan Pharmaceuticals Inc.

Pharmaceuticals 110

Pharmaceuticals Pleadings Litigation 110

E-Discovery LLC

SEPTEMBER 27, 2024

105.11; and (d) a provision permitting the Clerk to return to counsel or destroy any sealed material at the end of the litigation. In Appendix D to the Local Rules, the Court has published a “Stipulated Order Regarding Confidentiality of Discovery Material” that conforms to the Local Rule. Local Rule 105.11

Discovery 130

Discovery Pleadings Exhibits Objections 130

E-Discovery LLC

MAY 31, 2024

The Fiskars court explained that: The bottom line is this: Even if the court were inclined to compel production of source code and related documents, that information would be unusable in this litigation absent a dramatic upheaval of the schedule…. This blog was initially posted on Electronic Discovery Reference Model and JD Supra.

Interrogatories 130

Interrogatories Discovery Counterclaim Objections 130

Securities Docket

JUNE 18, 2024

While I am sure the plaintiffs are griped that the Court granted cert in this case, the company did make a valid point that it would create quite a mess in the securities litigation arena if there were to be a split between the Second and the Ninth circuits on issues as important as pleading scienter and falsity.

Pleadings 40

Pleadings Litigation 40

IP Watchdog

APRIL 10, 2023

affirming a judgment on the pleadings that nixed patent infringement claims asserted by People.ai On April 7, the U.S. Court of Appeals for the Federal Circuit (CAFC) issued a ruling in People.ai, Inc. in the Northern District of California.

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Pleadings Litigation Technology 123

WA Bar News

JULY 10, 2024

PURPOSE OF ANTI-SLAPP LAWS The purpose of anti-SLAPP laws is to prevent litigants from suing and threatening suit as a means of stifling speech on issues of public concern. An amended pleading re-triggers the 60-day period. Expression Prot. Act prefatory note intro., 30, 31-32 (2022). RCW 4.105.020(2). Thurman , 29 Wn. 2d at 241-42.

Discovery 112

Discovery Pleadings Litigation Cross-Complaint 112

IP Watchdog

OCTOBER 18, 2022

But the district court granted Zillow’s motion for judgment on the pleadings, finding the claims were directed to abstract ideas and lacked any inventive concept. 7,187,389 were plausibly patent eligible and should not have been found ineligible at the pleadings stage. The opinion was authored by Judge Hughes.

Pleadings 104

Pleadings Technology Litigation 104

IP Watchdog

MARCH 1, 2022

and other defendants explaining that dismissal was improper at the pleading stage because reasonable minds could differ on the issue of substantial similarity. District Court for the Central District of California’s dismissal of a copyright suit filed against Apple Inc.

Pleadings 105

Pleadings Litigation 105

The 10b-5 Daily

JULY 25, 2023

When faced with litigation, companies often publicly opine that the case is “without merit.” ” But if the company loses the litigation, can investors then bring a securities class action alleging that opinion was false? ” The court held that the plaintiffs had adequately plead falsity as to both statements.

Litigation 100

Litigation Pleadings 100

CaseFox

OCTOBER 13, 2023

This crucial element is pleadings. Legal pleadings are crucial documents for the proceedings in the court. We will delve into the world of pleadings in this blog. And explore what is a legal pleading, types of pleadings, rules for filing, much more. What are pleadings?

Pleadings 40

Pleadings Cross-Complaint Counterclaim Court Rules 40

CaseFox

MAY 23, 2023

Among these roles, lawyers and litigators often create confusion due to their similarities. In this comprehensive blog post, we will delve into the world of litigators, shedding light on their specific role and how it differs from that of a lawyer. What is a Litigator?

Litigation 52

Litigation Cross-Examination Settlement Negotiations Legal Research 52

IP Watchdog

AUGUST 12, 2021

Court of Appeals for the Federal Circuit (CAFC) today affirmed a decision of the United States District Court for the Northern District of California granting judgment on the pleadings to Google, Facebook, EMC Corporation and VMware, Inc. that PersonalWeb Technologies' patent claims were ineligible under Section 101.

Pleadings 122

Pleadings Technology Litigation 122

E-Discovery LLC

DECEMBER 16, 2024

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. To impress upon them the gravity of the claims they made in their pleadings, the court put both [plaintiffs counsel] West and [new defense counsel] Goetzl under oath. He failed to comply. emphasis added].

Discovery 130

Discovery Interrogatories Affidavits Pleadings 130

E-Discovery LLC

SEPTEMBER 16, 2024

The change “signal[ed] to the court that it has the authority to confine discovery to the claims and defenses asserted in the pleadings , and signal[ed] to the parties that they have no entitlement to discovery to develop new claims or defenses that are not already identified in the pleadings.” H & M Henner & Mauritz, L.P.,

Discovery 130

Discovery Objections Interrogatories Pleadings 130

IP Watchdog

APRIL 18, 2022

District Judge James Donato of the Northern District of California issued a judgment on the pleadings invalidating claims from one of 12 patents asserted by semiconductor and software developer Broadcom against streaming video provider Netflix. Last week, U.S.

Pleadings 105

Pleadings Technology Litigation 105

E-Discovery LLC

DECEMBER 8, 2024

While it is not clear to me, it appears that the exhibits were primarily expert reports in other litigation. The exhibits supported his opposition to a motion of defendant BP for a protective order. The Boblitt court wrote that: BP does not oppose Mr. Boblitts request to file these exhibits under seal. BP raised other issues. and 105.11.

Exhibits 130

Exhibits Pleadings Precedent Objections 130

IP Watchdog

MARCH 2, 2022

District Court for the Northern District of Texas dismissed with prejudice Continental’s Sherman Act claims for lack of antitrust standing and, alternatively, for failure to plausibly plead certain elements.

Automotive 111

Automotive Pleadings Technology Litigation 111

CaseFox

DECEMBER 21, 2023

The legal proceedings can be broadly categorised into civil and criminal litigation, each governed by distinct laws and procedures. This blog highlights the key differences between civil and criminal litigation according to the law. Discovery is the process by which parties exchange information and evidence.

Litigation 52

Litigation Evidence Burden Of Proof Objections 52

Civil Litigation Brief

DECEMBER 23, 2024

In MJF v University Hospitals Birmingham NHS Foundation Trust [2024] EWHC 3156 (KB) HHJ Emma Kelly (sitting as a High Court Judge) found that the defendant in a clinical negligence trial was trying to run a case on causation that.

Pleadings 64

Pleadings Litigation Case Management Evidence 64

IP Watchdog

JANUARY 17, 2024

Carlton Fields is seeking an Intellectual Property (IP) associate with three or more years of patent litigation experience. The ideal candidate will effectively manage day-to-day litigation tasks and independently prepare pleadings, motions, discovery requests and responses, and effectively communicate with other lawyers.

Pleadings 59

Pleadings Discovery Litigation 59

Securities Docket

AUGUST 19, 2024

Additionally, a couple of years ago, I published Fact or Fiction: Flawed Approaches to Evaluating Market Behavior in Securities Litigation, which identified still more rules of thumb that judges have developed over time. You see the problem. In re Number Nine Visual Tech. Ohman J:or Fonder AB, currently pending before the Supreme Court.

Opening Brief 52

Opening Brief Pleadings Litigation 52

Civil Litigation Brief

MARCH 13, 2025

There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’

Evidence 52

Evidence Pleadings Witnesses 52

Complex Discovery

JULY 12, 2024

Circuit Court of Appeals’ February decision that deemed AbbVie’s patent litigation against Perrigo a “sham.” The creditors’ committee underscores its commitment to mediation but insists on the right to pursue litigation if talks fail. The controversy centers around the 3rd U.S.

Pharmaceuticals 110

Pharmaceuticals Settlement Negotiations Litigation Mediation 110

E-Discovery LLC

AUGUST 27, 2024

One litigant, RNDC, moved to seal certain exhibits to its response to a motion, including a privilege log. .… This Court has also previously recognized that revealing contractual terms with third parties would undermine a company’s bargaining power if its competitors learned of these terms…. explain the procedure.

Exhibits 130

Exhibits Discovery Privileged Communication Objections 130

The 10b-5 Daily

JULY 3, 2023

Supreme Court issues a securities litigation opinion, it rarely is having the last word on the subject. When the U.S. Lower courts still have to interpret and apply the Court’s holding. Last month, a decision from the U.S. Court of Appeals for the Third Circuit – City of Warren Police and Fire Retirement System v.

Pleadings 100

Pleadings Precedent Evidence Litigation 100

WA Bar News

SEPTEMBER 11, 2024

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.

Discovery 93

Discovery Arbitration Pleadings Litigation 93

E-Discovery LLC

OCTOBER 6, 2024

The decision reinforces the need for carefully-designed, proactive, and comprehensive information governance and litigation hold procedures. He said that he did this as standard operating procedure and because he knew HHI was in some litigation with Mr. Shapiro so he thought it would be prudent. [2] 19, 2021). [1]

Evidence 130

Evidence Discovery Litigation Affidavits 130

SW&L Attorneys Blog

SEPTEMBER 27, 2024

The Case After the case is filed, the parties begin litigation. As the law is currently written, it is better to plead guilty and get a deferred imposition of sentence or plead guilty and seal your record than getting the case dismissed or acquitted. However, with open record laws in place, this is likely unavoidable.

Pleadings 79

Pleadings Evidence Litigation 79

E-Discovery LLC

JUNE 26, 2024

There a litigant filed overlong briefs and Ms. That decision is not a unicorn: Federal courts routinely warn litigants not to use textual footnotes to evade page limits. Weiss, Blaming Word setting for overlong briefs is ‘somewhat hard to believe,’ federal judge says as she tosses footnotes (abajournal.com) (Apr.

Discovery 130

Discovery Objections Litigation Exhibits 130

Civil Litigation Brief

NOVEMBER 21, 2024

In Tait v Torbay and South Devon NHS Foundation Trust [2024] EWHC 2958 (KB) Master Sullivan considered whether the defendant’s defence was inconsistent with the matters set out in a detailed judgment that had been entered on liability and causation. .

Pleadings 52

Pleadings 52

E-Discovery LLC

NOVEMBER 1, 2024

The Colonial Carpets Court wrote that procedural rules “are the lawyer’s compass and serve to help him [or her] steer through the narrows of pleading, pass the rocks of default, around the shoals of limitation, and safely into the harbor of judgment. 583, 584, 374 A.2d 2d 419, 420–21 (1977).

Objections 130

Objections Discovery Pleadings Litigation 130

Attorney at Work

JUNE 6, 2022

We’ve built sites to collaborate with both clients and co-counsel to manage pleadings, trial calendars, task lists, budgets and correspondence across multiple active matters through one virtual dashboard. The challenge with these sorts of efforts is always driving behavioral change to get people to use the site.

Mediation 288

Mediation Arbitration Depositions Education 288