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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
In the high-stakes world of litigation, some attorneys focus on winning the case in front of them. Others think bigger—shaping strategy, influencing public policy, and leading far beyond the courtroom....more
Information and document requests under the Freedom of Information Act and analogous state public records laws can be powerful and relatively inexpensive tools in a party’s litigation toolbox and are not only reserved for...more
In Colorado, eminent domain (also known as condemnation) proceedings take place in several phases. These proceedings are similar to, but not the same as, other civil trials. Few attorneys — let alone property owners — have...more
Foley Hoag LLP publishes this quarterly Update primarily concerning developments in product liability and related law from federal and state courts applicable to Massachusetts, but also featuring selected developments for New...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
Louisiana Code of Civil Procedure Article 966 sets forth the rules governing summary judgment proceedings in state court. The provisions in Article 966 are highly technical and courts require strict compliance with them...more
The establishment of liability for a car accident can be more complicated than it typically appears. While responding police officers will often issue a citation to one of the drivers, for having caused the accident, law...more
In a recent decision touching on many interesting issues, North Carolina’s Court of Appeals effectively determined that, in all but the most obvious cases, expert testimony is required to establish a failure to perform...more
A court in the Northern District of California recently granted a defense motion for summary judgment, finding that the defendants were not vicariously liable for a subcontractor’s supposed TCPA violations because the record...more
The Mississippi Supreme Court’s decision in Carrick v. Turner ex rel. Walley has the potential to expand arbitration in Mississippi. The case announces a standard for evaluating the validity of arbitration clauses that is...more
Regulations governing the issuance of certain marijuana-related state licenses in Rhode Island do not require that applicants have specific municipal approvals but do require evidence of compliance with local zoning laws....more
On August 24, 2020, the United States Court of Appeals for the Fourth Circuit, sitting en banc, reinstated defendant Ronnie Long’s petition for a writ of habeas corpus, challenging his rape conviction more than four decades...more
Courts and parties across the country continue to figure out how to move civil litigation forward in pending matters given the current pandemic. As discussed in our prior updates, federal and state courts continue to take…...more
A recent Fourth District Court of Appeal ruling illustrates how defendants in premises liability cases can posture themselves for success at the summary judgment stage by implementing and complying with comprehensive...more
This blog post is about walls and fences (but probably not the ones you may be thinking about). The walls of concern to this blog post are located in the Town of Geneva, in a part of the state known as the Finger Lakes...more
Synopsis: New Jersey’s recently enacted legislation which significantly extends the statute of limitations for sexual abuse claims and creates a two-year filing window for sexual abuse claims that would otherwise be...more
A recent Second Department decision, Matter of Reddock v New York State Dept. of Envtl. Conservation, highlights a unique procedural quirk involving Article 78 proceedings where the challenge is based upon “substantial...more
On August 23, 2019, the United States Court of Appeals, Fifth Circuit ruled that the Texas Citizen’s Participation Act, Texas Civil Practices and Remedies Code Chapter 27 (“TCPA”), did not apply in federal court. Klocke v....more
The Florida Fifth District Court of Appeal harmonized the interpretation of state statutory and constitutional language in the first post Amendment 7 case dealing with access to adverse medical incident reports and their use...more
City Beverages LLC, doing business as Olympic Eagle Distributing, and Monster Energy Co. entered into an agreement under which Monster had exclusive distribution rights for its products in a certain territory for 20 years....more
"Oral" is derived from the Latin word, os, meaning mouth. "'Oral' means spoken in the sense that the mouth is used to articulate words or sounds." People v. Gonzalez, 2 Cal. 5th 1138, 1142 (2017). "Oral" is often confused...more
On July 15, 2019, the Uniform Interstate Depositions and Discovery Act (the “Uniform Act”) was enacted in Rhode Island. R.I. Gen. Laws 9-18.1-1 et seq. It will simplify the process of taking a deposition in Rhode Island for...more
Last week, New Jersey Attorney General Gurbir Grewal took the lead in pursing two actions against the U.S. Department of Education related to the Department’s alleged refusals to cooperate with state investigations of student...more
En la reciente decisión dictada en la causa Publix Supermarkets, Inc., v. Miami-Dade County, expediente n.º 17-082 AP, el Tribunal del Undécimo Circuito Judicial del condado de Miami-Dade sostuvo lo siguiente: (i) el...more
On October 15, 2018, in the matter of Richard Delisle vs. Crane Co., et al., the Supreme Court of Florida unequivocally reaffirmed that Frye remains the standard for the admission of expert testimony. This reaffirmation comes...more