News & Analysis as of

Evidentiary Standards Discovery

Ogletree, Deakins, Nash, Smoak & Stewart,...

Seventh Circuit Establishes New Test for Notice to Issue in FLSA and ADEA Collective Actions

In Richards v. Eli Lily & Co., a panel of the U.S. Court of Appeals for the Seventh Circuit joined the Fifth and Sixth Circuits in departing from the longstanding two-step procedure for distributing notice to potential...more

Amundsen Davis LLC

When Compliance May Not Be Enough: Takeaways From a $462 Million Missouri Verdict

Amundsen Davis LLC on

A Missouri jury recently entered a $462 million product liability verdict against trailer manufacturer Wabash National Corporation. The 2019 underride accident occurred when the driver, with a blood alcohol level over the...more

Latham & Watkins LLP

French Supreme Court: Unfairly Obtained Evidence Can Be Admissible in Civil Litigation

Latham & Watkins LLP on

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

JAMS

No Reason to Fear Discovery in International Arbitration Seated in the United States

JAMS on

The potential for prolonged, overly burdensome and expensive discovery in both domestic and international arbitration seated in the United States has been a major concern among commercial entities and their counsel for many...more

Downs Rachlin Martin PLLC

Admission of Social Media Evidence at Trial: Vermont Supreme Court Weighs In

Vermont Supreme Court offers guidance on admissibility of social media content - By now it is not particularly controversial that a litigant’s social media content is discoverable.  See, e.g., Lewis v. Bellows Falls...more

Seyfarth Shaw LLP

Klocke’s Ongoing Viability: Whether the TCPA’s Statutory Changes Have Resurrected Its Applicability in Federal Court

Seyfarth Shaw LLP on

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

Skadden, Arps, Slate, Meagher & Flom LLP

Anonymous Online Speech: Considerations for Victims and Speakers

In today’s world — where social media has become a source of news for many — companies and individuals often find themselves the subject of negative and anonymous online comments. These comments can give rise to legal claims...more

Bradley Arant Boult Cummings LLP

The Italian Job: Fifth Circuit Confirms Pleading Standard for National Origin Discrimination Claim

Employment law is full of burden-shifting, prima facie standards and evidentiary hurdles. Sometimes, even the courts apply the wrong standard at the wrong stage of a case. That appears to be what happened in the case of...more

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