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FedCivPro :: Federal (and other) Civil Procedure News

A law-related blog tracking developments in civil procedure, including emerging trends in electronic evidence and discovery.

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FedCivPro :: Federal (and other) Civil Procedure News | fedcivpro.blogspot.com Reviews
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A law-related blog tracking developments in civil procedure, including emerging trends in electronic evidence and discovery.
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FedCivPro :: Federal (and other) Civil Procedure News | fedcivpro.blogspot.com Reviews

https://fedcivpro.blogspot.com

A law-related blog tracking developments in civil procedure, including emerging trends in electronic evidence and discovery.

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1

FedCivPro :: Federal (and other) Civil Procedure News: New York Does Not Recognize Tort Of Negligent Spoliation By Third Parties

http://fedcivpro.blogspot.com/2007/10/new-york-does-not-recognize-tort-of.html

New York Does Not Recognize Tort Of Negligent Spoliation By Third Parties. Ortega v. City of New York. No 118, 2007 N.Y. Slip Op. 07741, 2007 WL 2988760 (N.Y. Oct. 16, 2007), New York’s highest court refused to recognize spoliation of evidence as an independent tort. Internet service providers, computer backup companies, on-line storage outfits and similar companies in New York perhaps heaved a collective sigh of relief, knowing that they could not be sued (at least in New York) for spoliation because of...

2

FedCivPro :: Federal (and other) Civil Procedure News: Illinois Pitfalls In Preserving Dying Party’s Testimony

http://fedcivpro.blogspot.com/2008/06/illinois-pitfalls-in-preserving-dying.html

Illinois Pitfalls In Preserving Dying Party’s Testimony. A recent case from the Fifth District of Illinois' intermediate appellate court illustrates how very different the Illinois state rules are from the Federal Rules of Civil Procedure concerning deposition discovery. Berry v. American Standard, Inc. No 5-06-0621, 2008 Ill. App. LEXIS 475 (Ill. App. (5th Dist.) May 19, 2008), also discusses an important pitfall when attempting to preserve the testimony of a dying party. Plaintiff knew that it was impo...

3

FedCivPro :: Federal (and other) Civil Procedure News: September 2007

http://fedcivpro.blogspot.com/2007_09_01_archive.html

Admiralty Defendant Still May Demand Jury Based On Counterclaims. A plaintiff bringing a case that satisfies the requirements for both admiralty and diversity jurisdiction can elect to proceed on either basis, the primary difference being that a jury generally is not available if plaintiff files a libel in admiralty rather than an ordinary civil complaint. See. In re: Lockheed Martin Corp. Noting a split in the circuits, the appellate court held that 28 U.S.C. § 1333 and Fed.R.Ci...Links to this post.

4

FedCivPro :: Federal (and other) Civil Procedure News: October 2007

http://fedcivpro.blogspot.com/2007_10_01_archive.html

Florida High Court Again Leaves Emotional Distress “Impact Rule” In Place. Willis v. Gami Golden Glades, LLC. No SC04-1929, 2007 WL 3024039 (Fla. Oct. 18, 2007), the intermediate appellate court certified questions to the Florida Supreme Court that invited reconsideration of the state’s “impact rule.” Under that rule, Florida treats emotional distress claims differently depending on whether the plaintiff has suffered a physical impact from an external force. Concluded that the facts of the case - involvi...

5

FedCivPro :: Federal (and other) Civil Procedure News: October 2008

http://fedcivpro.blogspot.com/2008_10_01_archive.html

Winning the Battle But Losing the War. When confronted with a discovery request, it often is a lawyer's instinct to react that the request is too broad. "That's outrageous and must be reigned in! I can't ask my client to find all of that! However, you must be careful not to limit the opponent's discovery so much that you end up failing to produce documents that your own side needs to prove its claims or defenses. Gander Mountain Co. v. Cabela's, Inc. Form and content of. Plaintiff argued, there was no ev...

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FedCivPro :: Federal (and other) Civil Procedure News

Winning the Battle But Losing the War. When confronted with a discovery request, it often is a lawyer's instinct to react that the request is too broad. "That's outrageous and must be reigned in! I can't ask my client to find all of that! However, you must be careful not to limit the opponent's discovery so much that you end up failing to produce documents that your own side needs to prove its claims or defenses. Gander Mountain Co. v. Cabela's, Inc. Form and content of. Plaintiff argued, there was no ev...

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