Judge in Northern District of Illinois Strikes Portions of Answer, Affirmative Defenses Not Made in Good Faith

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A number of recent decisions call into question a defense lawyer’s obligations under Rule 11 in responding to allegations in the plaintiff’s complaint, as well as the substantive question of whether the Iqbal/Twombly pleading standard applies to affirmative defenses. Judge Milton Shadur, sitting in the Northern District of Illinois, recently struck repeated aversions that a document “speaks for itself” and …

Massachusetts Court of Appeal Affirms Sanctions for Discovery Abuses and Spoliation

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In 2000, the plaintiffs retained Haese as litigation counsel. In 2005, Andrew Tine, then an associate with Haese, noticed that billing and time entries had been altered without his knowledge. Tine informed the plaintiff of the billing discrepancies and resigned from the firm. In 2006, the plaintiff filed suit against Haese for overbilling. The computer that stored the billing data …

Louisiana Second Circuit Holds that Former Employees are Not under Defendant’s Control for Adverse Presumption Purposes

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In a medical malpractice case, where former employees of the hospital were subpoenaed but not called by the defendant, the Louisiana Second Circuit Court of Appeal affirmed the trial court’s refusal to allow the jury to apply an adverse presumption:  “As former employees, Dr. Walton and Ms. Smith were no longer under defendant’s control for purposes of the uncalled witness rule. Furthermore, …

The Ethicist(s)

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I am glad to see that there is, again, one Ethicist. The Ethicist, for those who don’t know, is a weekly column that appears in the Sunday New York Times Magazine. As with other advice columns, readers submit various fact situations with questions and conundrums, to which the author responds, analyzing the problem from an ethical perspective. When I first …

Louisiana Supreme Court Excludes Negotiated Discounts from Collateral Source Rule

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In a case where the plaintiff attempted to recover the full customary charge for medical services from the tortfeasor, the Louisiana Supreme Court agreed with the lower courts that the plaintiff was only allowed to recover the discounted cost that had been negotiated between the plaintiff’s attorney and the medical provider. Rejecting the argument that such negotiated advantages fell within …

Watch movie online Fifty Shades Darker (2017)

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Quality : HDTitle: Fifty Shades DarkerDirector : James Foley.Release : 2017-02-08Language : EnglishRuntime : 115 minGenre: Drama, Romance.Synopsis : Movie Fifty Shades Darker (2017) was released in February 8, 2017 in genre Drama. Fifty Shades Darker is movie directed by James Foley. and starring by Dakota Johnson. Movie Fifty Shades Darker (2017) tell story about When a wounded Christian Grey …

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Ethical Questions Raised by the BP Oil Spill Litigation

In Legal Ethics & Professionalism by gravierhouse1 Comment

When I first started working on this paper, in the middle of 2013, I wanted to focus on the ethical questions that frequently seem to come up in class, multi-district, and other complex and consolidated cases, where the representation of plaintiffs is often effectively “split” between the lawyers who are appointed by the Court to advance and/or manage the litigation for plaintiffs collectively …

U.S. Ninth Circuit Upholds $2.7 Million in Sanctions Against Goodyear and Its Attorneys for Discovery Abuses Uncovered After Settlement and “History of Engaging in Serious Discovery Misconduct” in G159 Cases

In Legal Ethics & Professionalism, What's New in Product Liability Law?, What's New in the Courts by gravierhouseLeave a Comment

In June 2003, the plaintiffs were seriously injured when one of the Goodyear G159 tires on the front of their motor home failed, causing their vehicle to swerve off the road and overturn. They filed suit against Goodyear in 2005 in Arizona state court. The case was quickly removed to federal court. Goodyear was represented by Basile J. Musnuff, who …

ABA Provides Guidance to Attorneys when Former Clients Request their Files

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The ABA Standing Committee on Lawyers’ Professional Responsibility recently clarified what files, papers, and property must be surrendered to the lawyer’s client: “Model Rule 1.15 provides that a lawyer must safeguard a client’s property and promptly deliver it to the client upon the client’s request. By its terms, Rule 1.15 applies to a client’s and third party’s money and to …

Louisiana Supreme Court Sanctions Attorney Who Used On-Line Social Media Campaign to Attempt to Influence Legal Proceedings

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Rejecting the notion that attorney’s actions were protected by the First Amendment, the Louisiana Supreme Court sanctioned an attorney for “using the internet and social media to elicit outrage in the general public and to encourage others to make direct contact with judges in an effort to influence their handling of pending cases” in violation of Rules 3.5(a) and (b), …