12
Aug

The set you select can affect costs and possibly the results Part One of Four Rules of procedure—the rules that govern the process for resolving a dispute—matter. They can materially impact the ability of a party to litigate its case in the way it would like, the cost of the litigation, and ultimately the result. The Federal Rules of Civil Procedure, for instance, are created by the U.S. Supreme Court following sometimes years of drafting work by judges, practitioners and ...

11
Mar

There are significant changes to the Federal Rules of Civil Procedure in the works.  Among other things, the Advisory Committee on Civil Rules has proposed changes to promote proportionality in discovery and to provide clearer guidance on when a party may be sanctioned for failing to preserve documents.  This post addresses the latter; the December 23, 2013 post to this blog addressed revisions regarding proportionality in discovery. These days, ...

23
Dec

Recently we discussed changes to the Federal Rules that became effective on December 1.  But there are further significant changes to the Federal Rules of Civil Procedure in the works, which are currently open to public comment.  Among other things, the Advisory Committee on Civil Rules has proposed changes to promote proportionality in discovery and to provide clearer guidance on when a party may be sanctioned for failing to ...

02
Dec

New rules went into effect yesterday, December 1, 2013, making the process of requiring non-parties to appear for testimony or to produce documents simpler in cases in federal district court and also clarifying or resolving issues regarding the scope of the subpoena power.  The new rules are stated in an amended Rule 45 of the Federal Rules of Civil Procedure. New Rule 45 allows subpoenas issued from the district in which the action is pending to be served and be ...

11
Jul

The Class Action Fairness Act (“CAFA”) gives federal district courts original jurisdiction in most class actions in which “the matter in controversy exceeds the sum or value of $5,000,000” in the aggregate and there is at least minimal diversity of citizenship.[1]  A recent case makes clear that defendants need to be careful what they say to demonstrate the existence of federal jurisdiction. CAFA creates an inherent tension.  While defendants facing a class action are often better off in federal ...