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Articles 1 - 11 of 11
Full-Text Articles in Law
Are Agreements To Keep Secret Information In Discovery Legal, Illegal Or Something In Between?, Susan P. Koniak
Are Agreements To Keep Secret Information In Discovery Legal, Illegal Or Something In Between?, Susan P. Koniak
Faculty Scholarship
For at least eight years before the public and government authorities learned of the apparently dangerous combination of Ford Explorer sport utility vehicles ("SUVs") and their Bridgestone/Firestone brand of tires, Firestone had been settling lawsuits involving injuries and deaths caused by their tires failing on Ford SUVs. These settlements included terms requiring the plaintiffs and their lawyers to keep quiet about the settlements and about information learned through discovery, including information that might have alerted the public or the government to just how unsafe the Explorer/Firestone combination actually was. In some cases, these secrecy provisions were reinforced by court protective …
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Rediscovering Discovery: State Procedural Rules And The Level Playing Field, Seymour Moskowitz
Law Faculty Publications
In the modern era of few trials, the pretrial process is critical to the disposition of most cases. Discovery has been a fiercely debated subject for may years. Many commentators believe that discovery has become too expensive, very time consuming, and often abusive. Others disagree, and articulate an entirely different diagnosis of the problems in our civil justice system. Regardless, the scope of discovery, and the process for undertaking it, create predictable advantages and disadvantages for many types of litigants. Although state courts dispose of the vast majority of cases in the United States, academic writings on procedural matters, particularly …
A Civil Discovery Dilemma For The Arizona Supreme Court, Carl W. Tobias
A Civil Discovery Dilemma For The Arizona Supreme Court, Carl W. Tobias
Law Faculty Publications
The drafters of the 1938 Federal Rules of Civil Procedure hoped to establish those rules as a model that the states could adopt, thus fostering national and intrastate procedural uniformity. This objective was not realized generally or by very many specific jurisdictions. Observers of the increasingly fractured procedural regime in the federal arena have voiced concerns about the mounting numbers of strictures, the accelerating pace of procedural change and the growing inconsistency of the requirements imposed. Illustrative are the major 1983 and 1993 federal discovery amendments, which new discovery provisions further revised in December 2000. The Civil Justice Reform Act …
Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major
Where's The Evidence - Dealing With Spoliation By Plaintiffs In Product Liability Cases, Christopher B. Major
South Carolina Law Review
No abstract provided.
Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers
Patent Law: Attorney-Client Privilege In Patent Litigation: Did The Federal Circuit Go Far Enough With In Re Spalding Sports Worldwide?, Matthew R. Rodgers
Oklahoma Law Review
No abstract provided.
Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler
Transnational Service Of Process And Discovery In Federal Court Proceedings: An Overview, Phillip A. Buhler
Articles, Book Chapters, & Popular Press
The nature of the maritime business makes it inevitable that much litigation, usually taking place in federal court, involves issues of service of process for the summons and complaint on foreign entities, and that discovery involves efforts to depose witnesses overseas and to collect documents, materials, and information from foreign jurisdictions. This Article is not intended to be an exhaustive treatment of the subject of transnational service of process and discovery. Many articles, in fact whole books, have been written on various aspects of these issues. However, none seem to cover the entire subject. Voluminous case law addresses various aspects …
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Hired Guns And Smoking Guns: Mccabe V British American Tobacco Australia Ltd, Camille Cameron
Articles, Book Chapters, & Popular Press
Significant ethical and procedural issues raised in the case of McCabe v British American Tobacco Australia Services Ltd - history of events leading to the Supreme Court of Victoria decision, particularly the implementation of the controversial 'Document Retention Policy' - procedural issues, including the role and purpose of discovery, nature of the striking out remedy and extent to which the adversarial system might be to blame for some of the conduct of the defence and its solicitors - ethical issues raised in the case - close links between American and Australian tobacco litigation and the influence of American tobacco lawyers …
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Opportunities For Obtaining And Using Litigation Reserves And Disclosures, Matthew J. Barrett
Journal Articles
In late 1975, the accounting and legal professions reached an accord that led to three new professional standards: (1) a new financial accounting rule for contingencies, (2) an auditing standard addressing the requirement that an auditor obtain evidence about an audit client's contingent liabilities to determine whether the client has properly treated those items in its financial statements, and (3) the American Bar Association's Statement of Policy Regarding Lawyers' Responses to Auditors' Requests for Information under that auditing standard. The Commentary that accompanied the Statement of Policy explicitly stated that the organized bar's expectation that communications between lawyers and auditors …
Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.
Shoot Out At The Not-O.K. Corral Or Privileged Client Communications - Lost And Found In Texas., Walter W. Steele Jr.
St. Mary's Law Journal
Texas’s solutions to inadvertently disclosed privileged material are unworkable. Confidentiality of client information is a bedrock of the legal profession. Nonetheless, some confidential information invariably leaks out. The most common leak occurs when a lawyer inadvertently includes privileged material in boxes of documents produced in response to a legitimate discovery request. After the opposing lawyer finds the “hot documents” in the box, the problems begin. The Texas Supreme Court adopted what amounts to the reasonable precautions test in Granada Corp. v. First Court of Appeals. The cornerstone of the Granada holding is the involuntary nature of the production of the …
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Fallen Superheroes And Constitutional Mirages: The Tale Of Brady V. Maryland, Scott E. Sundby
Articles
No abstract provided.
Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Discoverability Of "Deleted" E-Mail: Time For A Closer Examination , Michael Marron
Seattle University Law Review
This Comment will argue that the discovery rules presently require disclosure of an unacceptable amount of information. Part II of this Comment will outline some of e-mail's advantages over other communications media to help explain the rapid rise in e-mail use. Part III will then explain, in layman's terms, how e-mail actually works and discuss some of the reasons why e-mail archives are often considered as likely to contain “smoking gun” messages—the kind of evidence that can drastically affect the outcome of a case. But what is it about e-mail that can make it such a potent evidentiary weapon? The …