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Ethical Responsibility And Legal Liability Of Lawyers For Failure To Institute Or Monitor Litigation Holds, Nathan M. Crystal
Ethical Responsibility And Legal Liability Of Lawyers For Failure To Institute Or Monitor Litigation Holds, Nathan M. Crystal
Akron Law Review
The ethical and legal basis for subjecting counsel to discipline or liability for failing to initiate or implement litigation holds in connection with ESI exists. Recent important cases, while not imposing discipline or liability on counsel, have continued to lay the ground work for such liability. ...Cases in which counsel are held liable for damages to their clients or subject to discipline for failing to comply with well established ESI discovery obligations will not be long in coming as the new approach to winning litigation through discovery continues to develop.
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Interlocutory Review Of Litigation-Avoidance Claims: Insights From Appeals Under The Federal Arbitration Act, Roger J. Perlstadt
Akron Law Review
Part I of this article outlines and critiques current law on stays pending appeal of refusals to enforce purported arbitration agreements. Part II proposes a simple analysis of expected error costs to determine whether to stay litigation pending interlocutory appeal of rejections of litigationavoidance claims. This analysis looks to (1) potential harm to plaintiffs of erroneously staying litigation pending appeal, (2) potential harm to defendants of erroneously refusing to stay litigation pending appeal, and (3) the likelihood of each of those types of harms arising, which is based on the likelihood that the district court’s denial of the litigation avoidance …
Bellwether Trial Selection In Multi-District Litigation: Empirical Evidence In Favor Of Random Selection, Loren H. Brown, Matthew A. Holian, Arindam Ghosh
Bellwether Trial Selection In Multi-District Litigation: Empirical Evidence In Favor Of Random Selection, Loren H. Brown, Matthew A. Holian, Arindam Ghosh
Akron Law Review
For decades, courts overseeing mass tort litigation have struggled with how to identify the right plaintiffs for early trials. These initial trials, often called “bellwether” trials, are intended to help the parties evaluate the merits of other cases in the same litigation. But a successful bellwether process depends heavily on the method by which the trials are selected. A process that all litigants regard as fair and that results in the selection of plaintiffs who are representative of the claims of other plaintiffs can help to facilitate the resolution of an entire mass tort docket, whereas a process that is …