Federal Judge Responds to Limerick Brawl With a Bit of Poetic Justice Jun 25, 2008
But Contastathes' lawyer moved to dismiss the third-party complaint, arguing that the club's lawyers had violated Rule 14 of the Federal Rules of Civil Procedure by failing to obtain court permission to file a third-party complaint more than 10 days after filing its answer ... By filing the third-party complaint five months after it filed its answer and without first getting court permission to do so, Kurtas argued, the club violated Rule 14 of the Federal Rules of Civil Procedure. (Law.com)
Fed. High Court Raises Panel To Review Rules Jun 21, 2008
THE Federal High Court of Nigeria (FHCN) yesterday inaugurated a nine-man committee headed by Justice Okechukwu Okeke to review the court's Civil Procedure Rules ... To him, the committee will come up with a fresh draft of the rules of the court building on the foundation of the FHC (Civil Procedure) Rules 2000. (Guardian News, Nigeria)
Treasurer tiff turns theatrical Jun 13, 2008
But a Duke University law professor who teaches civil procedure said there aren't really any rules that would prohibit such a settlement offer. "It is kind of a screwy trade- off," said Paul Carrington, the Duke professor, in an interview. (News & Observer)
Judge wants input on 4-day work week for county offices Jun 11, 2008
And another sticking point, said Jones: Rule 77 in Rules of Civil Procedure. The Arkansas Supreme Court said, in essence, that county clerks shall be open all days except Saturday, Sunday and holidays. (Heber Springs Sun-Times, AR)
Legendary gymnast Miller honored Jun 10, 2008
Miller: Civil procedure in my first year. The professor was great and a lot of fun but it was also terrifying. (SportsIllustrated.CNN -- More)
Keeping Data Safe with Reldata Jun 3, 2008
E-discovery is a rapidly emerging market that requires that businesses of every ilk take responsibility for their electronic records and information, thanks to December 2006 changes to the Federal Rules of Civil Procedure (). Whereas in the past, legal disputes required that companies gather paper documents, the new procedures demand that organizations turn over electronic data or face stiff penalties. (EnterpriseStorageForum)
2nd Circuit Holds Magistrates Lack Power to Remand May 31, 2008
The defendants contended that a remand order could not be considered a mere "pretrial matter" under or a "nondispositive matter" under the Federal Rules of Civil Procedure because such an order effectively terminates all proceedings in federal court, Straub said. Section 636(b)(1)(A) allows a district judge to designate a magistrate judge to hear "any pretrial matter" but contains a long list of exceptions, including summary judgment motions or motions to dismiss for failure to state a claim. (Law.com)
The 50 Most Influential Minority Lawyers in America May 31, 2008
He received an LL.B. from Yale Law School, where since 1981 he has taught in areas including civil procedure, federal jurisdiction, constitutional law and international human rights. He was the founding director of Yale's Orville H. Schell Jr. Center for Human Rights. (Law.com)
Four vie for judge post May 24, 2008
He has prosecuted a number of medical marijuana cases and teaches business and income tax law, asset forfeiture, civil procedure and constitutional ethics. Urie is endorsed by the county's Republican Central Committee. (Lodi News Sentinel, CA)
Patent Defendant Turns the Tables With Rarely Used Strategy May 21, 2008
They've employed Rule 69 of the Federal Rules of Civil Procedure, which allows for discovery to help collect on a judgment. Two weeks ago, a magistrate judge ruled that E-Pass had to respond to several discovery requests, from identifying its assets, to disclosing its relationships to other corporate entities, to disclosing how it's paying its lawyers. (Law.com)
Muslim group against Syariah High Court ruling May 17, 2008
Othman s May 8 decision had set a precedent in the country allowing a Muslim convert to renounce Islam, the first time since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. More News lect. (The Star Online, Malaysia -- News)
Allen K. Easley Is Named Dean of the University of La Verne College of Law May 15, 2008
Specializing in civil procedure, conflict of laws and federal courts, Dean Easley comes to ULV College of Law from William Mitchell College of Law in St. Paul, Minn. where he was appointed dean in 2004. (PR Newswire)
Legislative floor actions May 9, 2008
This will acknowledge the receipt of proposed amendments to the Ohio Rules of Civil Procedure, the Ohio Rules of Appellate Procedure and the Ohio Rules of Criminal Procedure from the Ohio Supreme Court on April 28, 2008. Information from: Gongwer News Service. (Cleveland.com -- News)
Convert allowed to renounce Islam May 9, 2008
The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first of its kind in the country where a living Muslim convert is allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. My husband loved me very much and I converted to marry him so that I could follow him back to Iran. (The Star Online, Malaysia)
Five Security Tips to Protect Your Small Biz Investment May 8, 2008
In a legal dispute, companies even small businesses must be able to produce every e-mail that pertains to the case, as outlined in the Federal Rules of Civil Procedure. An e-discovery solution makes archiving and rapid e-mail identification and retrieval possible. (SmallBusinessComputing)
Court allows Muslim convert to return to Buddhism (updated) May 8, 2008
The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first case of its kind in the country whereby a living Muslim convert was allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. "From the evidence, it is clear that the plaintiff had not practised the teachings of Islam and had maintained her Buddhist faith. "Although this court... (The Star Online, Malaysia)
Zahid: Accept Syariah Court's decision on convert May 8, 2008
The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first case of its kind in the country whereby a living Muslim convert was allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. He granted Siti Fatimah a declaration that she was no longer a Muslim, and ordered the defendant, the state Islamic Religious Council (MAIPP), to... (The Star Online, Malaysia -- News)
Lawyer Hopes F-Word Means 'Forgiven,' Asks Court to Lift Sanctions May 7, 2008
"The nature of Wider's misconduct was so severe and pervasive, and his violations of the Federal Rules of Civil Procedure so frequent and blatant, that any reasonable attorney representing Wider would have intervened in an effort to curb Wider's misconduct," Robreno wrote. Robreno levied sanctions of $29,322. (Law.com)
You Be The Judge May 4, 2008
I couldn't see myself saying back in my law school days, "Gosh, the way that 28 year-old outlined those cases before attending Civil Procedure really showed judgment. Presidential judgment!". When talking about politics and candidates, the term "judgment" doesn't seem to have a proper place. (CBS News)
Benton County appeals lawsuit ruling May 2, 2008
According to the motion, the court erred when it refused to allow Benton County (the county commission) to intervene in the officials lawsuit and that according to the Tennessee Rules of Civil Procedure intervention is a matter of right. During the course of requesting permission to appeal, the county will have to show that an application to intervene was filed in a timely manner, that the county has substantial legal interest in the subject matter of the pending litigation, that the county s... (Camden Chronicle, TN)
Court Throws Out Restraining Order Against SEIU Apr 23, 2008
"We just want the CNA's leaders to explain what they did in Ohio and stop their union-busting." On Monday, SEIU filed a motion against the CNA under California's Code of Civil Procedure Sec. 425. 16, a statute intended to prevent organizations from using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to suppress free speech from critics or opponents. (PR Newswire)
SEIU Seeks Damages for CNA's Effort to Silence Workers, Suppress Criticism of Anti-Union Tactics Apr 22, 2008
"Their latest trick was the cynical use of important laws intended to protect people from real abuse and harassment -- most often women -- and it simply went too far." The motion against the CNA was filed today under California's Code of Civil Procedure Section 425. 16, a statute intended to prevent organizations from using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to suppress free speech from critics or opponents. (PR Newswire)
Sennett may take its own ZBA to court Apr 18, 2008
He said the town would have to look at the decisions the ZBA made and decide specific points to appeal based on whether facts were distorted or the law was somehow misinterpreted, then file an Article 78 in court to sue a government actor under civil procedure. If the town chooses to have Blair y represent them, there would be no additional expense to taxpayers because of a cap on their expenses covered by insurance. (Auburn Citizen, NY)
School board hopefuls share views, concerns Apr 18, 2008
Education: Sheridan High School, Sheridan, MT, 1981; Montana State University, Bozeman: Bachelor of Arts, political science with public administration option, 1981-1986; Montana Judicial Institute, 1999; University of Montana, School of Law, Missoula, graduate course focusing on criminal law, civil procedure and constitutional law. Current job: Program specialist, Montana Department of Justice, Office of Consumer Protection and Victim Services. (Helena Independent Record, MT)
SEIU to File Motion to Dismiss CNA Restraining Order Apr 18, 2008
The temporary restraining order -- filed Wednesday afternoon by the CNA without providing notice to either SEIU or SEIU President Andy Stern -- was issued under the California Code of Civil Procedure 527. 8 intended for "Employees subject to violence or threats of violence at the workplace." "Under no circumstances have SEIU members or staff harassed CNA members or leadership," said Andy Stern in response to the temporary restraining order. (PR Newswire)
Sennett resolves to appeal zoning board decision Apr 17, 2008
He said the town would have to look at the decisions the ZBA made and decide which specific points to appeal based on whether facts were distorted or the law was somehow misinterpreted, then file an Article 78 in county court to sue a government actor under civil procedure. If the town chooses to have Blair y represent them, there would be no additional expense to taxpayers because of a cap on their expenses covered by insurance. (Auburn Citizen, NY)
State court taps Kane for judicial committee Apr 14, 2008
They also recommend to the Supreme Court possible new rules and amendments regarding existing civil procedure. Kane is in his 22nd year as district judge. (The Citizen's Voice, PA)
Saturday weekend court sittings in full session - Iddrisu Apr 10, 2008
The Acting Judicial Secretary said the operation of the weekend Courts was being done under Order 79 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) which allowed any day, including vacations to be appointed for the hearing of cases or matters as circumstances required, and Section 31 of the Courts and Ordinance (CAP 4), which allowed any day to be appointed for sittings at the Lower Courts. Source:GNA. (Ghana Web, Ghana)
Deutsche Telekom in Court to Face Investor Lawsuit Over 2000 Share Sale Apr 7, 2008
This case is the litmus test for the law on shareholder model proceedings,'' Christian Wolf, professor of civil procedure at Hanover University and an author of a commentary to the 2005 law, said in an interview. Germany tried to catch up with the international trend to establish new forms of mass litigation. (Bloomberg -- Germany)
2nd Circuit Decertifies Light Cigarette Class Apr 4, 2008
That act states that Federal Rules of Civil Procedure, such as those governing class certification under Rule 23, cannot be used to "abridge, enlarge, modify any substantive right.". "Roughly estimating the gross damages to the class as a whole and only subsequently allowing for the processing of individual claims would inevitably alter defendants' substantive right to pay damages reflective of their actual liability," Walker said. (Law.com)
HP Makes E-Discovery Play Apr 2, 2008
Tower's electronic records management capabilities will be added to HP's existing e-discovery and compliance offerings to meet information collection, retention, management and identification requirements created by the likes of the Federal Rules of Civil Procedure (), and the Data Protection and Freedom of Information acts. The two companies are already partners. (EnterpriseStorageForum)
Web at work: Not YourSpace Mar 28, 2008
At the end of 2006, Flynn said, the federal court system amended rules of federal civil procedure so that all electronically stored information is subject to discovery in litigation. "If a company is the target of a lawsuit by an employee, all electronic records stored by the company, including what Web sites employees have visited, "can be subpoenaed and used as evidence to support or damage the company's case," she said.The federal rule really made clear to all employers that all online... (MSNBC -- Crime)
Judge Dismisses LAPD Officer's Suit Against City On Technicality Mar 26, 2008
Los Angeles Superior Court Judge Aurelio Munoz found that declarations submitted by Corina Smith's lawyer, Joseph Y. Avrahamy, in opposition to the city's dismissal motion did not state where they were signed in violation of the state's Code of Civil Procedure. Former LAPD Chief Bernard Parks, now a city councilman seeking election to the county Board of Supervisors, was among those who provided a declaration, or written statement to the court given under penalty of perjury. (NBC4.tv, CA)
11th Circuit Demands Sanctions in Libel Suit Mar 25, 2008
Enney's lawyer, Cynthia L. Counts of Atlanta, said her win is important because it may encourage others to pursue attorney fees on appeal with the knowledge that the 11th Circuit will enforce Rule 11 of the Federal Rules of Civil Procedure. That rule allows district courts to award sanctions when a party files a pleading that has no reasonable factual or legal basis or is filed in bad faith for an improper purpose. (Law.com)
For mental health Mar 19, 2008
But only two, Nevada County and Los Angeles, have begun to implement Laura's Law, which allows counties to establish a civil procedure to treat the severely mentally ill before they offend or reoffend. Until recently, civil commitment of a mentally ill persons for treatment required that they be a danger to himself or others. (San Diego Union-Tribune -- Opinion)
Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation Mar 15, 2008
Ward initially filed a petition to conduct a deposition under Texas Rule of Civil Procedure 202, which says a party may conduct depositions prior to filing suit. In January, 188th District Judge David Brabham granted a motion allowing Ward to take a deposition of an individual at Patton says he hoped the Google deposition would reveal who was writing the Patent Troll Tracker blog. (Law.com)
Lawyers, Storage Vendors and Money Mar 15, 2008
thanks to the Federal Rules of Civil Procedure (), is one of the biggest drivers of e-mail archiving ... Meanwhile, the march of e-mail archiving and e-discovery has been boosted by changes in the Federal Rules of Civil Procedure. (EnterpriseStorageForum)
Turf trouble was end of the line for Gordon Mar 9, 2008
Ms. Johnson said that under the Federal Rules of Civil Procedure, she had 20 days from the date the lawsuit was served, plus three days for mailing. She's wrong, according to Mr. Mullins and at least three other Augusta lawyers. (The Augusta Chronicle)
Tardiness could cost city Mar 8, 2008
"Based on the Federal Rules of Civil Procedure, you don't count the first day, the day the suit is filed." Ms. Johnson said, adding she had 20 days plus three more under the rules. Mr. Mullins, however, said the city's attorney is wrong. (The Augusta Chronicle)
Lawyer and Client Sanctioned Over Client's Conduct, Use of 'F Word' During Deposition Mar 5, 2008
"The nature of Wider's misconduct was so severe and pervasive, and his violations of the Federal Rules of Civil Procedure so frequent and blatant, that any reasonable attorney representing Wider would have intervened in an effort to curb Wider's misconduct," Robreno wrote ... Robreno disagreed, saying the Federal Rules of Civil Procedure require a deponent to answer all questions -- even questions for which there is an objection -- unless the witness's lawyer explicitly instructs him not to... (Law.com)
ITChannelPlanet.com Article: Emerging E-Discovery Market Grows More Vital for VARs Feb 29, 2008
It capitalizes on the growing need for corporations to comply with the Federal Rules of Civil Procedure ... Growth in the market is being fueled by the need for corporations to comply with recent amendments to the Federal Rules of Civil Procedure (FRCP) covering the discovery of digital information. (eSecurityPlanet)
E-Discovery Ensures Evidence Can't Hide Feb 21, 2008
His business got a boost in 2006 when the courts and Congress amended the Federal Rules of Civil Procedure addressing electronically stored information. That caused offices everywhere to revise policies about how, and how long, workers should retain data. (Investors Business Daily)
One open-records bill fails, another passes Feb 21, 2008
However, the House State Affairs Committee unanimously approved another bill that sets up a civil procedure to appeal decisions of government officials to withhold records ... The House State Affairs Committee did, however, pass SB186, which establishes a quick, inexpensive civil procedure for appealing the decision of a government official to withhold a government record. (Rapid City Journal, SD)
Privacy Networks Offers Free Customized Retention Policy Starter Kit Feb 20, 2008
Accelerating the need for email archiving are the recent changes to the Federal Rules of Civil Procedure (FRCPs) as well as the expanding State and local regulations regarding open records. All organizations are now impacted if they cannot retrieve the content housed within email and electronic communication in a rapid and simple manner. (Yahoo News -- Press Releases)
Fonality Partners with Dell for Turnkey VoIP Feb 5, 2008
Learn how StoreVault products, with their reliable, fast, and deep archive capabilities, are uniquely suited to help your company comply with the Federal Rules for Civil Procedure. Hot Topics. (SmallBusinessComputing)
Judges must exhibit high sense of integrity-CJ Jan 30, 2008
Besides, the Judicial Training Institute, organised a training course for the magistrates in selected core subjects including juvenile justice, civil procedure practice, judicial ethics as well as having fruitful interactions with distinguish judges, lawyers in private practice and academia to deepen their understanding of what was expected of them. 29 Jan 08. (Ghana Web, Ghana)
Autonomy Corporation Plc Announces Results for the Fourth Quarter and Twelve Months Ended December 31, 2007 Jan 29, 2008
7 million), up 123% - Average selling price for meaning-based technologies at $390,000 (Q3 2007: $375,000) - Operating margin (adjusted) at record levels of 36% Commenting on the results, Dr. Mike Lynch, Group CEO of Autonomy said today: "2007 was another amazing year for Autonomy by every measure, driven by our strong organic growth and the ZANTAZ acquisition. Top line revenues, operating profits, bottom line profit before tax and EPS are all up significantly, ahead of analyst consensus... (PR Newswire)
'Ghostwriting' Lawyers Can Remain Cloaked, but Not for Tactical Advantage Jan 29, 2008
Bongiovanni also found that undisclosed ghostwriting violates the spirit, if not the letter, of Federal Rule of Civil Procedure 11 and Local Civil Rule 11 ... The committee declined to address the possible applicability of Federal Rule of Civil Procedure 11 suggested by Bongiovanni, saying it has no jurisdiction over questions of federal civil procedure. (Law.com)
Privacy Networks Offers Free Email Archiving through its "Student Safety" Licensing Offering Program Jan 29, 2008
Privacy Networks Offers Free Email Archiving through its "Student Safety" Licensing Offering Program - Yahoo. Secondary Navigation. (Yahoo News -- Press Releases)
Best Buy sold infected digital picture frames Jan 27, 2008
These capabilities - which cut across backup and archive copies - are critical due to new Federal Rules of Civil Procedure (FRCP) amendments. White Papers. (Computerworld)
California's Private AGs Watching Fate of Expert Fees Jan 8, 2008
That court said state Code of Civil Procedure 1021. 5 -- also known as the private attorney general statute -- permits a plaintiff whose case results in the "enforcement of an important right affecting the public interest" to recover fees for lawyers, but not for expert witnesses. (Law.com)
Enterprises Rule in Favor of e-Discovery, Thanks to FRCP Dec 21, 2007
When Rick Chin, senior vice president of IT at Pinnacle Financial, went in search of a new e-mail archiving solution in the summer of 2006, he wasn't thinking about compliance, even though to the Federal Rules of Civil Procedure () were set to take effect just a few months later (see ). Chin and his team were simply in search of a product that would make Pinnacle's Microsoft Exchange server operate more efficiently. (EnterpriseStorageForum)
Disgorge to protect investors? Dec 18, 2007
Justice Barucha, former chief justice of India, opined there is no provision in the Companies Act, Sebi Act, the Code of Civil Procedure or Code of Criminal Procedure which empowers any authority to attach properties of the shell or vanishing companies and/or their directors and promoters, and distribute the proceeds to their debenture holders or shareholders. Nonetheless, the government moved a petition as a test case before the Company Law Board for disgorgement of property of directors of two... (India Times)
Update for AXS-One Compliance Platform Dec 15, 2007
The software addresses the requirements of amended US Federal Rules of Civil Procedure, The Australian Corporations Act (and potentially forthcoming e-discovery rules in the Federal Court), and other Australian legislation such as the Victorian Crimes Act (Document Destruction). "With so much focus on data preservation and strict timelines for discovery orders, companies are starting to re-evaluate their previous technology decisions and are demanding tools that allow them to become pro-active... (iTWire)
Solo Convicted in Sex Scam Dec 12, 2007
Alan Brown, one of the attorneys representing Mary Roberts, says that Ted Roberts presented the men with copies of petitions that he proposed to file under Rule 202 of the Texas Rules of Civil Procedure. Brown, a partner in San Antonio's Brown n, says Ted Roberts threatened to bring suits against the men for tortious interference with the Robertses' lives. (Law.com)
CIA no role model for CIOs Dec 11, 2007
Federal Rules of Civil Procedure don't apply to the CIA, but agency's decision to destroy videotapes may show private companies how not to handle evidence. By Grant Gross, IDG News ServiceDecember 10, 2007. (InfoWorld)
When you shop for storage hardware, bring a lawyer Dec 8, 2007
Thanks to such regulations as the Federal Rules of Civil Procedure, choosing your storage hardware may have legal implications ... Thanks in large part to regulations such as the FRCP (Federal Rules of Civil Procedures), however, that is no longer the case. (InfoWorld)
Currie shared ‘conversational magic’ with Law students for 45 years Dec 7, 2007
During his more than four decades with the Law School, his courses spanned the gamut of the Law School curriculum, including such courses as Property and Civil Procedure, a class he taught to generations of first-year students. He was a beloved teacher, never known for easy classes, but as a demanding teacher for whom students rose to the occasion. (Univeristy of Chicago Chronicle, IL)
Secret Service race case revived Dec 7, 2007
The government has been sanctioned twice for failing to produce evidence in a timely fashion and refusing to produce evidence as required under civil procedure rules, records show. U.S. Magistrate Judge Deborah A. Robinson has ordered the government to produce evidence more than 20 times a number that far exceeds typical cases, legal experts say. (Atlanta Journal-Constitution)
Security Crossroads: E-Discovery and Your CIRT Dec 1, 2007
Certain aspects, like document coding found in the Federal Rules of Civil Procedure, are strengths that an e-discovery professional can bring to the table during a forensic investigation conducted by information security. This relationship can work in both directions as well. (eSecurityPlanet)
Lis on Law: You Cant Say That on TV... or the Web Nov 28, 2007
Law students spend their entire first year panicking in terror over how their contracts, torts and civil procedure exams will fare. But once the first two semesters finally end, the One L s, regardless of their specific grades, wise up over the realities of getting hired in today s legal market. (Fox News)
Lecturer addresses ideas on dispute resolution Nov 14, 2007
Deason has written two books: "Civil Procedure: Cases, Problems and Exercises" with Leslie W. Abramson and John T. Cross published in 2006 and "Alternative Dispute Resolution: The Advocate's Perspective" with Edward Brunet and Charles B. Craver. The third edition was published in 2006. (Hamden Chronicle, CT)
2007 Am Law 200 Nov 9, 2007
Download these whitepapers: 1) CIO's Guide to the New Federal Rules of Civil Procedure rtner Magic Quadrant for Email Active Archiving. Mark your calendar for The American Lawyer Awards on Oct 24th. (Law.com)
Shabaz looks back on 25 years in Madison federal court Nov 5, 2007
Shabaz: There s something called Rule One of a federal rules of civil procedure. It asks for a number of things. (Winona Daily News, MN)
The New Directives On Process Filing Nov 2, 2007
Another example is the promulgation of the High Court (Civil Procedure) Rules, 2004 (C. I. 47) ... Indeed, the culmination of these efforts was the revision of the civil procedure rules for the High Courts, leading to the promulgation of C. I. 47. (Ghana Web, Ghana)
