Recent Posts

  • Deadlines
    1731937895521

    Deadlines

    Unlike the deadline to answer an initial demand or pleading, the deadline to file an appeal is often strict. A good appeal, filed late, may be dismissed for the lateness alone. As a result, litigants have to be vigilant to make sure they file their notices of appeal on time.

    Read More
  • More Thoughts on Defaults
    1731325302372

    More Thoughts on Defaults

    Judges do not just rubber stamp requests for default judgments. They often scrutinize a plaintiff’s request for one to make sure they served papers correctly and that they submitted adequate evidence to support their case.

    Read More
  • Litigation in South Korea
    1730727652625

    Litigation in South Korea

    Korean courts are efficient, with specialized judges who have strong expertise in commercial law, making them effective at handling complex disputes. Their focus on written submissions ensures clarity and thorough consideration of the issues.

    Read More
  • Comments on Recent Cases: October 2024
    1730122921027

    Comments on Recent Cases: October 2024

    A party to litigation has a duty to preserve relevant evidence.  They can’t just shred everything to leave their adversary without evidence at trial.  But parties may disagree about the extent they need to preserve.  If a judge decides one side did not preserve enough, she may decide to tell a jury to assume the missing evidence was bad for the party who did not preserve it.

    Read More
More Recent Posts

Commentary

  • Comments on Recent Cases: October 2024
    1730122921027

    Comments on Recent Cases: October 2024

    A party to litigation has a duty to preserve relevant evidence.  They can’t just shred everything to leave their adversary without evidence at trial.  But parties may disagree about the extent they need to preserve.  If a judge decides one side did not preserve enough, she may decide to tell a jury to assume the missing evidence was bad for the party who did not preserve it.

    Read More
  • Comments on Recent Cases: September 2024
    1727694455113

    Comments on Recent Cases: September 2024

    I wrote a cover story in the most recent issue of Litigation News, a publication of the ABA Section of Litigation.  It is about a challenge that journalists made to a Texas law that restricts the use of drones.  And while the court ultimately refused to strike down the law, it considered whether the federal government even permits states to regulate the use of airspace and the balance between the right of journalists to take photographs and the ability of the government to restrict certain locations from interference.

    Read More
  • Comments on Recent Cases: August 2024
    1724676309440

    Comments on Recent Cases: August 2024

    Many lawsuits arise from allegations that the defendant did something terrible. And, consistent with the plaintiff’s claim that the defendant’s conduct was awful, many complaints allege that the defendant intentionally inflicted emotional distress on the plaintiff. But not all misconduct gives rise to an “IIED” claim.

    Read More
  • Comments on Recent Cases: July 2024
    1722250642396

    Comments on Recent Cases: July 2024

    A major issue that arises in defamation litigation is whether the statement at issue is a fact that can be proven true or false or whether it is an opinion.  Only a false statement of fact can be the basis of a damages claim, and so a judge must decide whether the statement is a fact before the question of falsity can go before a jury.  And the legal definition of a fact may differ from how many people understand it from generally using the word.

    Read More
  • Comments on Recent Cases: June 2024
    1719232520217

    Comments on Recent Cases: June 2024

    Litigants often argue to the court that a trial is not necessary because the claims fail as a matter of law or because all of the evidence in the case can only support one side.  But there are some kinds of claims that are difficult to dismiss before a trial because the evidence is almost always imprecise and requires a judge or jury to evaluate credibility.  Employment discrimination claims, for example, often involve competing statements by witnesses, and so it usually cannot be said that all of the evidence supports only one side.

    Read More
  • Comments on Recent Cases: May 2024
    1716892079771

    Comments on Recent Cases: May 2024

    New York courts allow a plaintiff to sue someone who receives an invoice without objecting to it.  Unlike a traditional breach of contract action, an “account stated” action just is limited to whether the invoice was delivered and whether the defendant objected.

    Read More
  • Comments on Recent Cases: April 2024
    1714390925767

    Comments on Recent Cases: April 2024

    Since litigation is expensive, many people rely on their insurance carriers to assume the costs of a lawsuit.  But insurance often contains exceptions to coverage, there are often lawsuits to determine whether the insurer is obligated to defend.

    Read More
  • Comments on Recent Cases: March 2024
    1711374210453

    Comments on Recent Cases: March 2024

    Once a lawsuit is over, a plaintiff may face obstacles in trying their same lawsuit again.  Courts respect the principle of res judicata, which means that once a case is decided, the decision is binding in future lawsuits.  But still, some litigants test the limits of what that means.

    Read More
More Commentary

Litigation Practice

  • Deadlines
    1731937895521

    Deadlines

    Unlike the deadline to answer an initial demand or pleading, the deadline to file an appeal is often strict. A good appeal, filed late, may be dismissed for the lateness alone. As a result, litigants have to be vigilant to make sure they file their notices of appeal on time.

    Read More
  • More Thoughts on Defaults
    1731325302372

    More Thoughts on Defaults

    Judges do not just rubber stamp requests for default judgments. They often scrutinize a plaintiff’s request for one to make sure they served papers correctly and that they submitted adequate evidence to support their case.

    Read More
  • Bad News
    1729516430779

    Bad News

    Before delivering bad news, it helps to let a client know what to expect. This way, they will not be blindsided when an adverse event occurs. Doing this is tricky because, if a lawyer only shares worst case scenarios, the client may get too scared to proceed in situations where risks are low. They may also mistake a worst case scenario for a prediction of failure.

    Read More
  • More Thoughts on Document Discovery Basics
    1728956572043

    More Thoughts on Document Discovery Basics

    While the discovery rules are technically uniform within a jurisdiction or, to some extent, nationwide, different judges take different approaches in enforcing them. Accordingly, a lot of discovery disputes involve lawyers huffing and puffing about how they know what the rules are and how shocked they are that the other side is brazenly violating them, only to later see the judge sees it all a different way.

    Read More
  • More Thoughts on E-Filing
    1727094751112

    More Thoughts on E-Filing

    How do you start a lawsuit? The answer in a lot of places and under many situations is by electronically filing a document!

    Read More
  • Key Differences Between California State Courts and Federal Courts in Litigation
    1726488297657

    Key Differences Between California State Courts and Federal Courts in Litigation

    Federal courts tend to be more structured, with stricter rules and procedures. This can be both a blessing and a curse. For one, it ensures that cases are handled with a high level of scrutiny and professionalism. However, the process can also be slower and more expensive due to the complexity of federal cases.

    Read More
  • Recovering Fees and Costs
    1725884329356

    Recovering Fees and Costs

    Once a party wins a lawsuit, they do not automatically get their costs and attorney’s fees repaid. Instead, they need to get the court to approve the amount of money they spent. This ensures that the prevailing party does not claim an exorbitant amount of fees and costs. To do so, they may submit a “bill of costs,” listing all of the expenses they incurred in the suit. A clerk may approve some and disallow others.

    Read More
  • Preparing to Take a Deposition
    1724071418704

    Preparing to Take a Deposition

    Before the day of a deposition, the lawyer needs to identify the documents she intends to ask the witness about. These should include all of the documents she has questions about and the documents she wants the witness to authenticate. There may also be some “standby” exhibits that the lawyer is ready to show the witness if the need arises.

    Read More
More Litigation Practice

Interviews

  • Litigation in South Korea
    1730727652625

    Litigation in South Korea

    Korean courts are efficient, with specialized judges who have strong expertise in commercial law, making them effective at handling complex disputes. Their focus on written submissions ensures clarity and thorough consideration of the issues.

    Read More
  • Litigation in Luxembourg
    1728305139294

    Litigation in Luxembourg

    Despite several e-justice projects in the pipeline or on their way to be adopted, Luxembourg is still in the early stages of electronic filing. Everything is still done on paper. This mass of paperwork leads me to say that our law firms have, in their secretariats, a real in-house print shop.

    Read More
  • Personal Injury Litigation
    1725287765648

    Personal Injury Litigation

    It is very tiring and cumbersome dealing with an entrenched insurance industry that controls the court system and the legislature.   The New York State court system is barely functional.  Cases that should settle within 1 year often take 5 years.  The insurance industry has figured out how to get the court system to work for them, rather than for the people.  

    Read More
  • Litigation in Ireland
    1722870903198

    Litigation in Ireland

    The first step in a personal injury case is for a plaintiff to go to a personal injuries board, which is designed to take pressure off of the courts. The board sends the plaintiff to its own doctors. The board then sends a proposed settlement figure to the parties and, if both parties accept the figure, they can avoid court. This process can take nearly a year and a half.

    Read More
  • Litigation Historically in Mormon Courts
    1719802476510

    Litigation Historically in Mormon Courts

    By 1847, Mormons settled in Utah, Southern Idaho, Nevada, and Arizona.  They were isolated and far from the center of the federal government.  Although there was a territorial government, where they were, ecclesiastical institutions were more vibrant and powerful.  Therefore, the Church court system was the dominant way to resolve disputes in pioneer Utah throughout the 19th century.

    Read More
  • Litigation in Zimbabwe
    1717415811170

    Litigation in Zimbabwe

    The courts in Zimbabwe are open to the public. However, with the introduction of virtual hearings, the public has no access to such hearings. It is only where the hearings are held physically that the public can watch the proceedings.

    Read More
  • Litigation in Sweden
    1714966233957

    Litigation in Sweden

    There are not many special courts in Sweden. Many judges have to handle both commercial cases, but also crime and family law.

    Read More
  • Litigation in Cyprus
    1711974664539

    Litigation in Cyprus

    The 2022 reforms to the justice system includes the establishment of a Commercial Court which was approved in Parliament in May 2022.  The Commercial Court will be comprised of judges with experience in commercial matters. It will examine cases involving “commercial disputes” relating to claims over €2.000.000, but in addition, irrespective of the amount in dispute, the Commercial Court will have jurisdiction to also hear all matters relating to competition law, intellectual property, and arbitration. 

    Read More
More Interviews