Judge Xavier Rodriguez on Possession, Custody, or Control from the Meet and Confer Podcast
Key Discovery Points: ESI Protocol Objection Denial Party
Law School Toolbox Podcast Episode 514: Listen and Learn -- Discovery (Civ Pro)
eDiscovery Case Law Podcast: How Failing to Meet and Confer Effectively Can Lead to Sanctions
Bar Exam Toolbox Podcast Episode 305: Spotlight on Civil Procedure (Part 2 – Discovery)
Bar Exam Toolbox Podcast Episode 286: Listen and Learn -- Conclusory Pleadings Under Rule 12(b)(6) (Civ Pro)
Direct Examination: To Lead or Not to Lead
Law School Toolbox Podcast Episode 416: Listen and Learn -- Service of Process (Civ Pro)
Bar Exam Toolbox Podcast Episode 224: Listen and Learn -- Service of Process (Civ Pro)
The Only Rule of Multidistrict Litigation Is...
Bar Exam Toolbox Podcast Episode 208: Listen and Learn -- Motions to Dismiss a Case
Practicing Before the U.S. Supreme Court | Kannon Shanmugam | Texas Appellate Law Podcast
Podcast - Finding the Balance
Amended Rules Five Months Later: Early Trends in Case Law and What It Means
Proposed FRCP Changes: Effect on eDiscovery, RIM & IG (CLE)
[EDRM Editor’s Note: The opinions and positions are those of Michael Berman.] A protective order barring post-settlement use by plaintiffs’ counsel of defendant’s discovery responses in other litigation was vacated in Cordero...more
When a bankruptcy case is filed, most disputes are addressed through motions and hearings within the main case. However, certain matters demand more formal litigation—complete with a complaint, discovery, and trial. These...more
On June 12, the U.S. District Court for the Northern District of Illinois denied a joint motion by the CFPB and the defendants to vacate a stipulated final judgment and order, finding that the parties failed to demonstrate...more
On June 5, 2025, the Supreme Court declined to decide the question, certified in Laboratory Corp. of America Holdings v. Davis, as to “[w]hether a federal court may certify a class action pursuant to Federal Rule of Civil...more
Given the momentum of the last year, it seems unthinkable that the House settlement might not be approved. However, it’s still—in fact—a proposed settlement, subject to Court approval. And, Wednesday’s order by Judge Wilken...more
Frequent readers of this blog know that we are not shy in acknowledging the Commercial Division’s status as the leading forum for resolving complex business disputes. This reputation can be, in part, largely attributed to the...more
The Federal Trade Commission has pursued aggressive and creative expansion of its antitrust enforcement efforts under the Biden administration, and the pharmaceutical industry is no exception. Indeed, in a recent interview,...more
In most cases, the grind of litigation moves forward under the careful scrutiny of courts and within the applicable rules of civil procedure. Settlement, on the other hand, is often separate and secretive; hammered out after...more
In Gilstrap v. Sushinati LLC, the U.S. District Court for the Southern District of Ohio rejected the notion that the parties’ private agreement to settle claims under the Fair Labor Standards Act (FLSA) required court...more
On December 13, 2023, Variety reported that Luke Combs stated he was “sick to [his] stomach” to learn he won a $250K judgment in Illinois federal court against a Florida woman who earned $380, selling 18 handmade Luke...more
The question of how to resolve mass torts is one that occupies the minds of all modern commercial litigators. Whether those mass torts involve personal injury or the mis-selling of financial products, resolution is a subject...more
As total adjudication is a lofty finish line for many mass and class disputes, settlement is a crucial factor. As class actions continue to rise in prominence in the UK, the United States offers many lessons to emulate and...more
The Second Circuit and Ninth Circuit recently issued opinions vacating class action settlements, with both courts taking issue with the attorneys’ fees awarded to class counsel. These decisions — Lowery v. Rhapsody Int’l,...more
On September 25, 2023, the Delaware Court of Chancery issued its first set of amendments as part of a multi-year project to update and modernize its rules. Generally, the amendments made stylistic changes that are consistent...more
The US Court of Appeals for the Fourth Circuit vacated and remanded a district court ruling, finding that the district court failed to properly apply the Federal Rules of Civil Procedure (FRCP) in granting injunctive relief....more
Blessedly, this is not a frequent event. And as law has migrated from handwritten to typewritten to telecopied and emailed agreements one might think this kind of dispute would be headed to the dungeons of history. But...more
Last year saw courts, particularly federal courts, continue their close scrutiny of class action settlements to ensure that they are fair and reasonable to class members, and do not unfairly prioritize the interests of class...more
The Seventh Circuit recently clarified an important distinction between offers of judgment under Federal Rule of Civil Procedure 68 and non-Rule 68 offers of settlement, and explained the role rejection of such offers plays...more
Class actions for money damages that involve class members who do not have Article III standing in the Eleventh Circuit are improper even if such members would have standing in other jurisdictions. In a unanimous decision...more
The final months of 2021 saw a flurry of noteworthy False Claims Act (FCA) activity. Among other developments, appellate courts issued important decisions concerning materiality, the government’s qui tam dismissal authority,...more
What is the right way to dismiss a case the parties have settled, and are FLSA cases different? Typically, when parties to a lawsuit settle a case, they merely alert the court of the settlement and then file a stipulation of...more
While the FINRA arbitration system certainly is not perfect – just see Alan’s troubling blog from last week regarding the Motion to Vacate that was granted by a Judge in Atlanta – we like to think that when cases go to...more
Last week, the plaintiffs in three related children’s privacy class actions sought preliminary approval of proposed settlements with sixteen defendants in those coordinated actions. The matters—known as the Kiloo Action, the...more
Judges presiding over multidistrict litigations, known as MDLs, must walk a tightrope between individual and collective needs. ...more
Congress designed federal multidistrict litigation (“MDL”) to “promote the just and efficient conduct” of civil actions pending in different districts. By just about any measure, though, the litigation device has failed to...more