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Appeals › Duty to Preserve

Charles E. Rounds, Jr. - Suffolk University...

Trustee’s Duty To Defend Trust Property From Third-Party Claims Versus Trustee’s Duty To Defend Trust’s Very Existence, As Well...

Charles E. Rounds, Jr. - Suffolk University... on

A longstanding and critical incident of a trustee’s fiduciary duty of loyalty is the duty to vigorously defend the trust’s very existence, as well as all its material provisions (hereinafter “existence defense”), unless it...more

Lasher Holzapfel Sperry & Ebberson PLLC

The Nuts and Bolts of Appeals: Preservation, Prejudice, and Presentation

Lasher Holzapfel Sperry & Ebberson PLLC on

People appeal their case because they want a better outcome then what they received at trial. Maybe that means that the appealing party lost a jury verdict, or felt that they didn’t “win” enough at trial. Perhaps someone in...more

Smith Anderson

Lessons Learned: Destroying Relevant Evidence Can Be Catastrophic in Litigation

Smith Anderson on

The Fourth Circuit upholds severe sanctions against a party who fails to preserve evidence in litigation. A recent decision of the U.S. Court of Appeals for the Fourth Circuit emphasizes the importance of preserving...more

Downey Brand LLP

Agency Email Correspondence Must be Retained Under CEQA, Appeals Court Holds

Downey Brand LLP on

In a ruling that should send shivers up the spine of any public agency in California needing to comply with the California Environmental Quality Act (“CEQA”), the Fourth District Court of Appeal on July 30 held that any email...more

Robins Kaplan LLP

Florida Appellate Court Limits a Nonparty’s Duty to Preserve Evidence

Robins Kaplan LLP on

Florida’s Fifth District Court of Appeal has ruled that Florida law does not impose an obligation on a nonparty to preserve evidence based solely on the foreseeability of litigation. Shamrock-Shamrock, Inc. v. Remark involved...more

Flaster Greenberg PC

Law @ Work Employer Newsletter - The Savvy Employer’s Guide to Legal Developments & Quirks that Affect the Workplace

Flaster Greenberg PC on

Welcome to the third edition of the Law @ Work Employer Newsletter. For those of you who read the Law @ Work blog, you know that the blog offers an in-depth analysis of important legal developments. This Newsletter fills in...more

Mitchell, Williams, Selig, Gates & Woodyard,...

Hospital Answer Stricken for Destroying Paper Medical Record after Scanning into the EMR

Mitchell, Williams, Selig, Gates & Woodyard,... on

On Wednesday, October 25, 2017, the Arkansas Court of Appeals handed down an opinion affirming a severe sanction against a hospital in a medical malpractice case. The trial court had stricken the hospital’s answer, where...more

Skadden, Arps, Slate, Meagher & Flom LLP

The E-Discovery Digest - June 2017

Skadden, Arps, Slate, Meagher & Flom LLP on

The seventh edition of The E-Discovery Digest focuses on recent decisions addressing the scope and application of the attorney-client privilege and work-product doctrine, spoliation, and discovery responses....more

Carlton Fields

Yes, Counselor, You Argued That Below, But No, It Is Not Preserved

Carlton Fields on

Don’t assume that just because your argument is clearly reflected somewhere in the record that it is preserved for appeal. Often for purposes of preservation, the procedural context for the argument is just as important as...more

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