January 12, 2007
U.S. Fifth Circuit Rejects Basic and Affiliated Ute Presumptions with Respect to Third-Party Financial Institutions, De-Certifying Class in Enron Securities Case.
Written by Steve Herman
January 12, 2007
Second Circuit Rules that Percentage Fees Should be Awarded on the Entire Fund Made Available to Claimants.
Written by Steve Herman
January 5, 2007
An Effective Presumption Against Causation is Inapplicable Where the Defendant Had Opportunity to Inspect Product.
Written by Steve Herman
January 5, 2007
Second Circuit, Applying Vermont Law, Allows Proof of Defect by Circumstantial Evidence.
Written by Steve Herman
December 27, 2006
U.S. District Judge Develops Three-Step Process for Discovery of “Inaccessible” E-Data under New Rules.
Written by Steve Herman
December 22, 2006
District Court Finds that Claims Against Insurance Broker for Failure to Procure ERISA-Compliant Bonds is Not Preempted.
Written by Steve Herman
December 18, 2006
Magistrate in the Eastern District of Kentucky Rejects Presumption Favoring Production of Meta-Data.
Written by Steve Herman
December 6, 2006
District Judge in New Jersey Imposes Multiple Sanctions Against Defendant for E-Discovery Spoliation and Abuse.
Written by Steve Herman
December 4, 2006
West Virginia Supreme Court Rejects Preemption under the Federal Mine Safety and Health Act.
Written by Steve Herman
December 1, 2006
Third Circuit Finds That Communications Regarding the Obligation to Preserve E-Mail and Other Files May Not Be Protected Under Crime-Fraud Exception.
Written by Steve Herman