Open Access. Powered by Scholars. Published by Universities.®
Articles 1 - 3 of 3
Full-Text Articles in Law
Byte Marks: Making Sense Of New F.R.C.P. 37(E), Charles Yablon
Byte Marks: Making Sense Of New F.R.C.P. 37(E), Charles Yablon
Articles
New FRCP 37(e) limits severe, case ending sanctions for lost electronically stored information (ESI) to situations where a party acted with “intent to deprive” other parties of the use of that information. But it makes no change in existing preservation duties and never explains how “intent” is to be determined for the corporation and other entities likely to be parties in such litigation. The question is – does this Rule make any sense? This Essay seeks to make sense of Rule 37(e) in terms of its language, the stated goals of its drafters, and its role in the regulation of …
The Costs Of Heightened Pleading, Alexander A. Reinert
The Costs Of Heightened Pleading, Alexander A. Reinert
Articles
In Conley v. Gibson, 355 U. S. 41 (1957), the Supreme Court announced its commitment to a liberal pleading regime in federal civil cases, and for decades thereafter was steadfast in resisting ad hoc heightened pleading rules adopted by lower courts. Thus, from 1957 until a few years ago, most litigants could count on surviving a motion to dismiss a complaint for failure to state a claim so long as their pleading provided some minimal notice to the defendant of the nature of their claim. Enter Ashcroft v. Iqbal, 129 S. Ct. 1937 (2009) and Bell Atlantic Corp. v. Twombly, …
Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon
Hindsight, Regret, And Safe Harbors In Rule 11 Litigation, Charles Yablon
Articles
No abstract provided.