Searching Content indexed under Court Procedure by Cozen O'Connor ordered by Published Date Descending.
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Drug-Sniffing Dogs & Probable Cause: Supreme Court Considers When "A Sniff Is Up To Snuff"
The alert of a drug-sniffing dog might allow police to search your car or baggage, but just how reliable does that hound have to be?
United States
4 Mar 2013
Collectibility In Legal Malpractice Suits – A Required Element In Proving Damages: Schmidt v. Coogan
In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages.
United States
7 Jan 2013
Collectibility In Legal Malpractice Suits - A Required Element In Proving Damages: Schmidt v. Coogan
In Schmidt v. Coogan, No. 41279-9-II, 2012 WL 5331567 (October 30, 2012), the Washington Court of Appeals held that (1) collectibility is a required component in determining legal malpractice damages and (2) the failure to prove collectibility is fatal to a plaintiff trying to establish damages in a legal malpractice action.
United States
19 Nov 2012
The Internet As Evidence: Authentication & Admissibility Of An Active Webpage
You want to introduce an active webpage into evidence. Now what?
United States
13 Nov 2012
Rajat Gupta Sentencing - Admissibility Of Angry Letters From The Public
On Wednesday, Rajat Gupta, former director of Goldman Sachs, will be sentenced for conspiracy and securities fraud in connection with insider trading.
United States
23 Oct 2012
Ninth Circuit Upholds Dismissal Of Global Warming Action On Displacement Grounds
The U.S. Court of Appeals for the 9th Circuit affirmed the dismissal of a complaint filed by the Native Village of Kivalina and the city of Kivalina (collectively Kivalina) against 22 of the world’s largest energy producers alleging damages caused by global warming. Kivalina v. ExxonMobil Corp., No. 09-17490 (9th Cir. filed Sept. 21, 2012).
United States
11 Oct 2012
Text Messages As Trial Evidence - Authentication
Next week, oral argument will be heard in "Commonwealth v. Koch".
United States
10 Oct 2012
Pennsylvania Supreme Court Rules Post-Trial Motions Are Not Necessarily Required Following Remand
The Pennsylvania Supreme Court issued its much anticipated opinion on Friday, September 28, 2012, in Newman Dev. Group of Pottstown, LLC v. Genuardi’s Family Markets, Inc., No. 101 MAP 2011, 2012 Pa. LEXIS 2262 (Pa. Sept. 28, 2012) (Newman II), involving the interpretation of Pennsylvania Rule of Civil Procedure 227.1, which requires post-trial motions to be filed within 10 days after certain events.
United States
8 Oct 2012
Steve Martin The Juror - New Federal Jury Instructions On Social Media
Actor Steve Martin, while on jury duty, tweeted the following to 380,000 fans:
United States
19 Sep 2012
Shifting E-Discovery Costs To The Plaintiff In A Potential Class Action: A Pennsylvania Federal Court Tells Plaintiffs' Counsel To "Make the Investment In Discovery"
In what could be a significant opinion for federal class action defendants seeking to limit their e-discovery costs, a court in the Eastern District of Pennsylvania recently held in Boeynaems v. LA Fitness International, LLC, No. 10-2326, No. 11-2644 (E.D. Pa. Aug. 16, 2012), that plaintiffs who were seeking broad discovery regarding class certification issues – including extensive ESI requests -- should share in the costs of the defendant’s discovery production.
United States
12 Sep 2012
Recent Arizona Appellate Court Opinion Reduces Ratio Of Bad Faith Punitive Damages Award To A 1:1 Ratio To Compensatory Damages
In its recent decision, the Arizona Appellate Court, Division One, affirmed a bad faith verdict in the amount of $155,000.
United States
2 Aug 2012
Second Circuit Refuses To Find Failure To Issue Litigation Hold Gross Negligence Per Se
Reviewing a motion for sanctions for spoliation of evidence, the United States Court of Appeal for the Second Circuit rejected the argument that failure to issue a litigation hold constitutes gross negligence per se. Chin v. Port Authority, Nos. 10-1904-cv(L), 10-2031-cv(XAP), 2012 U.S. App. LEXIS 14088, at *68 (2d Cir. July 10, 2012).
United States
25 Jul 2012
Third Circuit Rules That Medicare Advantage Plans Have A Private Right Of Action Under The Medicare Secondary Payer Act
On June 28, 2012, the U. S. Court of Appeals for the 3rd Circuit held that the Medicare Secondary Payer Act (the MSP Act) provides Medicare Advantage (MA) plans the same right as the federal government to bring recovery actions against primary payers (i.e., liability insurers, no-fault insurers, self-insured entities).
United States
15 Jul 2012
Supreme Court Immigration Ruling - 3 Point Bulletin
The Supreme Court's ruling in Arizona v. United States is a significant victory for opponents of the Arizona immigration law.
United States
3 Jul 2012
The Supreme Court's Confrontation With Forensic Evidence: Williams v. Illinois
On June 18, 2012, the Supreme Court came down with a fractured 5-4 decision disrupting long-standing 6th Amendment Confrontation Clause precedent as it applies to forensic evidence.
United States
1 Jul 2012
Supreme Court to Review Grant Of Certification In Comcast Class Action
The Supreme Court will delve further next term into the interplay between class certification and rulings on the merits, reviewing the Third Circuit’s affirmance of class certification in an antitrust suit against Comcast.
United States
1 Jul 2012
Update On A Potential Game Changer – Class Action Waivers
One of the hot issues in the courts is whether an employer can require its employees to sign an arbitration agreement which waives the right to bring a class or collective action.
United States
14 Jun 2012
Flattened By Race Tires: The Third Circuit Limits What Types Of E-Discovery Costs Are Recoverable By A Prevailing Party
On March 16, 2012, in Race Tires America, Inc. v. Hoosier Racing Tire Corp. et al., the U.S. Court of Appeals for the Third Circuit adopted a conservative view of the types of e-discovery costs recoverable by a prevailing party in federal court.
United States
29 Mar 2012
New York’s Appellate Division Holds That Insurers Cannot Delay Issuing A Disclaimer Of Coverage On A Known Coverage Defense While It Investigates Other Potential Grounds For Disclaiming
In George Campbell Painting v. Nat’l Union Fire Ins. Co. of Pittsburgh, PA, 2012 N.Y. Slip Op. 254 (1st Dept. 2012), New York’s Appellate Division, First Department, expressly overruled its prior holding in DiGuglielmo v. Travelers Prop. Cas., 6 A.D.3d 544, 766 N.Y.S.2d 542 (1st Dept. 2004), which held that "[a]n insurer is not required to disclaim on timeliness grounds before conducting a prompt, reasonable investigation into other possible grounds for disclaimer."
United States
13 Feb 2012
J.P. Morgan Securities: Ill-Gotten Profits Are Not A Prerequisite For Disgorgement
On December 13, 2011, the New York Appellate Division, First Department, issued a decision in J.P. Morgan Securities Inc. v. Vigilant Insurance Co., Index No. 600979/09 (N.Y.A.D. 1st Dep’t Dec. 13, 2011).
United States
5 Jan 2012
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