January 12, 2006
Oregon Supreme Court Applies Inference of “Reliance” or Causation in Punitive Damage Case Against Tobacco Industry.
Written by Steve Herman
January 12, 2006
First Circuit Holds that the Fraud-on-the-Market Presumption of Reliance in Securities Cases Does Not Depend Upon the Accuracy of Market Price, But Only Informational Efficiency.
Written by Steve Herman
January 9, 2006
Sixth Circuit Rejects Claim of Spoliation under State or Federal Law where Destruction Occurs Before Defendant is Placed on Notice of Claim.
Written by Steve Herman
December 15, 2005
Court Denies Motion for Sanctions Against Employer Accused of Misleading the Court Regarding the Scope and Accessibility of E-Discovery.
Written by Steve Herman
November 2, 2005
In an Unpublished Decision, the California First Appellate District Strikes Arbitration Clause Banning Class Actions as Unconscionable.
Written by Steve Herman
November 1, 2005
Lucent and Counsel to be Sanctioned for Withholding and Destroying Documents in Patent Infringement Case.
Written by Steve Herman
October 24, 2005
Court Allows Expert Access to Servers.
Written by Steve Herman
October 19, 2005
Tenth Circuit reverses dismissal of action as sanction for failure to preserve electronic data in third party’s control.
Written by Steve Herman
October 17, 2005
Fifth Circuit clarifies meaning of “inconsistent or varying adjudications” and again rejects the use of (c)(4) to certify a “composite” class.
Written by Steve Herman
October 17, 2005
Korean statute of repose bars third-party claims by cargo owners arising out of casualty aboard a Panamanian vessel on a voyage from France to the United States.
Written by Steve Herman