The start of 2024 marked the end of an insurance era in Oregon. On December 29, 2023—the last Friday before the new year—the Oregon Supreme Court issued its much-anticipated decision in Moody v. Oregon Community Credit Union,...more
The Florida Supreme Court recently approved significant amendments to the Florida Rules of Civil Procedure. ...more
The Florida Supreme Court has taken steps to improve the efficiency and effectiveness of civil litigation, and it has issued two separate per curiam opinions introducing proposed substantial amendments to the Florida Rules of...more
We’ve written previously about sanctions that trial courts can impose on parties that, for no good reason, fail to appear for a properly noticed deposition. Courts are understandably impatient with parties that throw sand in...more
Last week, the Florida Supreme Court released two opinions [here and here] announcing changes to its rules of civil procedure in an attempt “to promote the fair and timely resolution of civil cases.” The amendments are broad...more
A landmark rules decision this past week by the Florida Supreme Court promises to reshape the landscape of civil litigation in the state. One particular change amending Florida’s scope of discovery rule, Fla. R. Civ. P....more
In Fiskars Finland OY AB v. Woodland Tools Inc., 2024 WL 2504717 (W.D. Wisc. May 24, 2024), plaintiff sued for alleged misappropriation of trade secrets. Defendants counterclaimed....more
My life as a discovery mediator began with a court order appointing me to conduct a mediation among the parties on all disputed discovery issues in a complex, multiparty case. At the time, I had not heard of the term...more
Jury trials are expensive. They disrupt jurors’ lives for days or weeks,. They demand the complete attention of court personnel. They require witnesses to make time for court appearances and travel to and from the courthouse....more
Two decisions handed down in quick succession by the Paris and Toulouse Courts of Appeal highlight the complex interplay between interests at stake in each case. Both of the judicial decisions in question concerned...more
I. THE USE OF REMOTE PROCEEDINGS IN CIVIL PRACTICE - The COVID-19 pandemic had an enormous impact on civil litigation in Illinois, particularly by increasing the use of remote proceedings in Illinois circuit courts. A....more
The Florida Supreme Court on Aug. 26, 2021, amended the Florida Rules of Civil Procedure to codify the apex doctrine and "protect high-level corporate officers from the risk of abusive discovery, while still honoring opposing...more
Amid the continued expansion of the right to evidence, the court reversed its previous position that evidence obtained through unfair methods was inadmissible. When asked to re-examine the relationship between the right...more
January is a time to set goals and ponder what the new year will bring. It is also a time to think about what happened last year. In the world of litigation, it is important for lawyers and eDiscovery professionals to take...more
Rule 202 refers to the pre-suit deposition rule in the Texas Rules of Civil Procedure. This rule allows a person or party involved in a dispute to request deposition – sworn testimony recorded by a court reporter – to...more
On September 1, 2023, the Standing Committee of the National People’s Congress (NPCSC) of the PRC adopted the amendments to the Civil Procedure Law of the People’s Republic of China (the Amended CPL). The amendments...more
In Stratford v. Umpqua Bank, No. 100717-5 (Sept. 14, 2023) (slip op.), the Washington Supreme Court rejected the application of the “apex doctrine” in Washington. The apex doctrine has been adopted by some jurisdictions to...more
On September 7 the District of Columbia Court of Appeals reached an important issue about the D.C. Anti-SLAPP Act that it had reserved a few months earlier. In Banks v. Hoffman, the Court held “the discovery-limiting aspects...more
On May 11, 2023, the federal Advisory Committee on Civil Rules (the “Advisory Committee”) sent its Report to the Committee on Rules of Practice and Procedure (the “Rules Committee”). The Advisory Committee recommended a...more
In the federal system, deposition testimony often provides crucial evidentiary support for summary judgment motions— a key procedural device for narrowing contested issues that require trial or, in some cases, eliminating the...more
The following highlights several of the changes to the Ohio Rules of Civil Procedure that went into effect on July 1, 2023. The changes impact, among other things, physical and remote appearance, the rules governing...more
Ever since the Uniform Law Commission published the Uniform Interstate Discovery and Depositions Act in 2007, the disinterest among Texas lawmakers to adopt the law has been both a curiosity and, to a small extent, a failure...more
III. Application of Obstruction of Evidence Production Rule in Patent Infringement Judgment - In the practice of patent infringement disputes, especially the infringement cases involving manufacturing equipment and BtoB...more
Until very recently, the rule in many jurisdictions was that any individual could attend a deposition unless the trial court ordered otherwise. Some litigators brought expert witnesses to the deposition of the opposing...more
The California Court of Appeal for the Fourth Appellate District issued the following decisions this week: Golf & Tennis Pro Shop, Inc. v. The Superior Court of Orange County, No. G060852: The Court of Appeal...more