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Key Discovery Points: Be a Team Player When It Comes to Production
Podcast - “I Lied Like a Dog!”
Law School Toolbox Podcast Episode 511: Listen and Learn -- Landlord/Tenant Law (Part 1)
Key Discovery Points: A Judicial Approach to Handling AI-Generated Evidence
Podcast - How Do You Define Success?
The Three C’s for Addressing Prior Inconsistent Statements
Understanding Discovery in Commercial Litigation
The JustPod: Defending the "Evil Genius:" A Conversation with Leonard Ambrose
Podcast - "Ready for Trial?"
Podcast - Every Case Is a New World
Law School Toolbox Podcast Episode 501: Listen and Learn -- Present and Future Estates (Part 1)
The JustPod: The King of Cross: A Discussion with Larry Pozner, a Leading Expert on Cross-Examination
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Eyes on the Evidence: Powerful Legal Presentations – Speaking of Litigation Video Podcast
The Presumption of Innocence Podcast: Episode 57 - Wired for Truth: The Art & Science of Polygraphs
Podcast - Parting Thoughts: Be a "Peddler of Common Sense"
Key Discovery Points: Timing Sweet Spots for Spoliation Motions
Key Discovery Points: Should Hyperlinked Files Be Treated as Modern Attachments?
Podcast: Are Legal Holds Protected by Privilege? Insights from the FTC's Battle with Amazon
Last week’s Privilege Point described the Missouri Supreme Court’s understandable conclusion that a railroad employee did not have a personal attorney-client relationship with railroad lawyers who interviewed her about an...more
The trial is over. The jury has spoken – or the judge has ruled – and the outcome wasn’t what you hoped. Now what? At that moment, many litigants turn to the idea of an appeal as a second chance, a do-over. It’s important...more
Plaintiffs in toxic tort cases must prove both general and specific causation, generally through the testimony of experts. Experts must establish that a specific chemical exposure can (and did) cause the specific injury at...more
A plaintiff’s obligation to establish “some basis in fact” for a common issue is acknowledged as a low bar. Several Canadian appellate courts have, however, confirmed a “two-step test” as the standard analytical framework....more
The Supreme Court of Louisiana this week recognized the dangers of AI manipulated video and ruled that defendants have the right to assess purported videos and photographs to assess authenticity and test for manipulation. ...more
The final judgment of your family court case was rendered; you are very dissatisfied and feel that somehow this decision was wrong. What recourse do you have to right this wrong? Filing an appeal is a tactic that can be used...more
Raoger Corp. v. Myers, No. 23-0662 (Tex. Apr. 11, 2025) – one of the Texas Supreme Court’s most recent opinions on the summary judgment standard – highlights the importance of diligent discovery practices and the potentially...more
Previously, this Blog examined the doctrine of res judicata (here, here, here and here). Under the doctrine, a party may not litigate a claim where a judgment on the merits exists from a prior action between the same parties...more
I remember listening to Justice Frank Cleckley of the West Virginia Supreme Court of Appeals, my professor for Evidence, open his first lecture with a discussion of Federal Rule of Evidence 103. As a young law student, I was...more
For litigants in foreign courts, 28 U.S.C. § 1782 has long been a promising, if finicky, tool to access discoverable materials by filing an ex parte application in U.S. federal district court. The statute provides certain...more
February 11, 2025 Types : Alerts Meta Platforms, Inc. recently defeated certification of a class of consumers who claim the company lied about its user privacy safeguards and violated antitrust laws. ...more
In a recent decision, California’s Third Appellate Division held that a foreign automobile manufacturer could be haled into a state court in California through the indirect actions of its distributor without offending...more
Under the New Jersey Court Rules, a trial judge presiding over a custody hearing is free to conduct an in-camera interview with the children whose custody is at issue, whether on the judge’s own accord or upon a party’s...more
Sadly, it is not uncommon for parties to be “frequent flyers” in domestic violence court. Sometimes, the same party files and dismisses one or more times. Sometimes, parties settle with “civil restraints” or an Order in the...more
The recent Florida appellate case of Bandklayder Development, LLC v. Sabga provides an important lesson regarding damages for construction defects – that damages for construction defects must be proven based on costs of...more
U.S. Eleventh Circuit Court of Appeals - Baxter v. Hendren - appellate jurisdiction, not pursuing claim, § 1983, excessive force, battery...more
This CLE webinar will examine the status of FLSA collective action certification following the recent Swales and Clark appellate decisions, including a close look at the new standards established under each. The panel will...more
As civil trials become more expensive and less frequent, proactive attorneys should look for ways to streamline or end their cases before trial. Luckily, both Texas statutes and court rules provide some helpful tools. In this...more
On July 16, 2020, the U.S. Court of Appeals for the Fourth Circuit issued a decision highlighting the critical need for litigants to preserve evidence once notified of a potential lawsuit, and the serious ramifications...more