Shareholders Cry Conflict of Counsel in Class Action Over Merck Merger Mar 6, 2010
Silber also seeks sanctions against Carella Byrne under Federal Rules of Civil Procedure 11(b)(3) for allegedly botching the class action suit. The plaintiffs are Schering-Plough stockholders who believe the company was undervalued in. (Law.com)
Some Reflections on Ghana's Search for Alternative Dispute Resolution Mar 2, 2010
The mundane Civil Procedure, Criminal Procedure, Drafting, etc. I specifically looked for Ethics and Legal Responsibility or something representing that core theme significant to graduating lawyers-- getting ready for practice. (Ghana Web, Ghana)
Judge Mulls Jurisdiction for Cravath-Airgas Dispute Feb 20, 2010
In Airgas v. Cravath Swaine & Moore, District Judge Eduardo C. Robreno asked lawyers for both sides whether Federal Rule of Civil Procedure 19 regarding joinder of parties required Air Products be a party to a suit that could potentially result in the company having its attorneys of choice being thrown out. The judge did mention Air Products joining the case would ruin diversity of jurisdiction and lead to a dismissal. (Law.com)
Archival storage functionality evolving with data growth and changing content management requirements Feb 19, 2010
In response to compliance and regulatory requirements enacted over the last decade along with changes to the Federal Rules for Civil Procedure (FRCP) that have greatly impacted the way organizations store and discover their data, the past several years have been punctuated by a steady stream of mostly point solutions, delivered by the vendor community, that address specific information management pain points, such as the need for data authentication, classification, deduplication, encryption,... (EnterpriseStorageForum)
E-Discovery Do's and Don'ts of 'Pension Committee' Feb 5, 2010
In , Scheindlin, author of the five decisions pre-dating the e-discovery amendments to the Federal Rules of Civil Procedure, provides an analytical framework for litigators to assess their e-discovery performance and judges to calibrate sanctions. 05 Civ. (Law.com)
Class Decertification in Pfizer Off-Label Marketing Case Upheld Jan 27, 2010
In arguing the class couldn't be decertified after a partial summary judgment, Weston relied on language in Pennsylvania Rule of Civil Procedure 1710(d), which states "an order under this rule may be conditional and, before a decision on the merits, may be revoked, altered or amended ... .". Dechert's Robert C. Heim argued on behalf of Pfizer and said the courts have to make class certification decisions early in a case and can always decertify later. (Law.com)
11th Circuit Judges Pounce on Plaintiffs Attorney in Tobacco Case Jan 27, 2010
In 2008, the defendants made a Federal Rule of Civil Procedure 16(c) motion, arguing that application of the Engle preclusions would conflict with due process guarantees under the 14th Amendment and with Florida law. The plaintiffs responded that the defendants were asking the district court improperly to "in effect sit as a further appellate court.". (Law.com)
Maui lawmaker looks to reform marijuana laws Jan 18, 2010
It's still illegal, but we would give them a civil fine and make it a civil procedure. "It should free up a lot of resources for law enforcement, too, so they can better pursue hard drugs like ice, cocaine and heroin. It's definitely a cost-saving measure, at least a few million (dollars) a year in the judiciary and even more money for the prisons.". (Honolulu Advertiser)
Federal Judge Recertifies Class in Comcast Antitrust Case Jan 16, 2010
Under Rule 23(f) of the Federal Rules of Civil Procedure, decisions on class certification motions are immediately subject to discretionary appellate review. In his order, Padova defined the class to include "all cable television customers who subscribe or subscribed at any time from December 1, 1999 to the present to video programming services (other than solely to basic cable services) from Comcast, or any of its subsidiaries or affiliates in Comcast's Philadelphia cluster.". (Law.com)
