Recently, the Colorado Supreme Court issued an opinion reaffirming that trial courts need to take an active, hands-on role in managing discovery and s
Continue Reading State Supreme Court Issues Opinion on Management of Discovery
civil procedure
Discovery of Expert Communications At Issue
By Sean Wajert on
Posted in Articles
Here is one to watch for our readers who practice in Pennsylvania. The state Supreme Court has before it the issue of discovery of communications bet…
Continue Reading Discovery of Expert Communications At Issue
Ninth Circuit “Strikes” a Blow for Proper Motion Procedure
By Sean Wajert on
Posted in Articles
Phillies’ slugger Ryan Howard was ejected from a game this week in extra innings, leaving his team (which had no more position players) to insert ace …
Continue Reading Ninth Circuit “Strikes” a Blow for Proper Motion Procedure
Duke Hosts Conference on Civil Rules
By Sean Wajert on
Posted in Articles
At the request of the Standing Committee on Rules of Practice and Procedure, the Advisory Committee on Civil Rules sponsored a conference last week at…
Continue Reading Duke Hosts Conference on Civil Rules
Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?
By Sean Wajert on
Posted in Articles
A suit over an allegedly defective truck is the stage for the latest entry in the debate whether the claim pleading standards clarified in Bell Atlant…
Continue Reading Does the Twombly-Iqbal Pleading Standard Apply to Defenses Too?
Supreme Court Hears Oral Argument In Class Action Restriction Case
By Sean Wajert on
Posted in Articles, Class Action
The Supreme Court heard oral argument earlier this week in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. (No. 08-1008), a case which considers w…
Continue Reading Supreme Court Hears Oral Argument In Class Action Restriction Case
Court Dismisses Counts Of Trileptal Complaint Pursuant to Twombly
By Sean Wajert on
Posted in Articles, Drug and Device
Add to your list of recent cases applying the recent U.S. Supreme Court decisions that clarified pleading standards, the decision in Frey v. Novartis …
Continue Reading Court Dismisses Counts Of Trileptal Complaint Pursuant to Twombly
California Enacts E-Discovery Reform
By Sean Wajert on
Posted in Articles
California Gov. Arnold Schwarzenegger has signed into law a new enactment governing e-discovery in that state. Readers of MassTortDefense know what a …
Continue Reading California Enacts E-Discovery Reform
State Supreme Court Adopts And Applies Forum Non Conveniens
By Sean Wajert on
Rhode Island’s Supreme Court recently adopted the forum non conveniens doctrine and dismissed multiple asbestos suits filed there by Canadian resident…
Continue Reading State Supreme Court Adopts And Applies Forum Non Conveniens