Law Commons^™

Transactional Enforcement Discovery, Aaron D. Simowitz

Fordham Law Review

Joseph Stiglitz described the current Argentine sovereign debt crisis as “America throwing a bomb into the global economic system.” And yet, the U.S. Supreme Court decided to tackle only one head of this massive hydra. Presented with numerous issues arising from the controversy, the Court granted certiorari only on the issue of whether the Foreign Sovereign Immunities Act (FSIA) blocked Argentina’s creditors from obtaining discovery of Argentina’s worldwide financial transactions. Justice Scalia, writing for the Court, concluded that because the FSIA says nothing on its face about discovery—it says nothing about discovery.

But the majority did not grapple with the …

Let The Punishment Fit The Crime: Sanctioning Absent Class Members For Failure To Respond To Postcertification Discovery Requests, Elizabeth A. Kalenik

Fordham Law Review

Courts rarely allow defendants to take discovery of absent class members after class action certification. However, if a court does permit such discovery and some absentees fail to respond, should the court sanction the nonresponsive absentees? Under what circumstances should the court dismiss the nonresponsive absentees? When considering whether and what sanctions to impose, courts make a decision about the rights and role of absentees in class actions.

This Note examines postcertification absentee discovery sanctions through a discussion of group litigation. Next, it analyzes the reasoning of courts that have dismissed absentees, declined to dismiss absentees, and imposed other sanctions …

Rule 26(A)(2)(B) Of The Federal Rules Of Civil Procedure: In The Interest Of Full Disclosure, Katherine A. Rocco

Fordham Law Review

This Note examines the varying interpretations of Rule 26(a)(2)(B) of the Federal Rules of Civil Procedure, an issue currently dividing the nation's circuit courts of appeal and district courts. Interpreting the Rule for its plain meaning yields an exemption for expert witnesses who are either treating physicians or employees of a party in the case. While some courts have followed this textualist approach, more have opted for a broader interpretation, imposing the expert report requirements of Rule 26 on employee experts and treating physicians under certain circumstances. In keeping with the spirit of the Rules, courts should interpret the Rule …

Regulation Of Lawyers Without The Code, The Rules, Or The Restatement: Or, What Do Honor And Shame Have To Do With Civil Discovery Practice?, W. Bradley Wendel

Fordham Law Review

No abstract provided.

A Lesson In The Development Of The Law, Judith S. Kaye, Matthew J. Morris

Fordham Law Review

No abstract provided.

Balancing Hearsay And Criminal Discovery, John G. Douglass

Fordham Law Review

No abstract provided.

The Discovery Process As A Circle Of Blame: Institutional, Professional, And Socio-Economic Factors That Contribute To Unreasonable, Inefficient, And Amoral Behavior In Corporate Litigation, Robert L. Nelson

Fordham Law Review

No abstract provided.

Working Without A Net: The Sociology Of Legal Ethics In Corporate Litigation, Mark C. Suchman

Fordham Law Review

No abstract provided.

The Applicability Of The Attorney-Client Privilege To Communications With Foreign Legal Professionals, Daiske Yoshida

Fordham Law Review

No abstract provided.

Trends In Protective Orders Under Federal Rule Of Civil Procedure 26(C): Why Some Cases Fumble While Others Score , Jacqueline S. Guenego

Fordham Law Review

No abstract provided.

Discovery Under The Federal Rules Of Civil Procedure Of Attorney Opinion Work Product Provided To An Expert Witness, Bryan Lewis

Fordham Law Review

No abstract provided.

Compelling Production Of Documents In Violation Of Foreign Law: An Examination And Reevaluation Of The American Position, Thomas Scott Murley

Fordham Law Review

No abstract provided.

Limited Waiver Of The Attorney-Client Privilege Upon Voluntary Disclosure To The Sec, Martin P. Hicks

Fordham Law Review

No abstract provided.

Proposed Federal Discovery Rules For Complex Civil Litigation, Martin I. Kaminsky

Fordham Law Review

No abstract provided.

The Attorney-Client Privilege--Identifying The Corporate Client, Karen M. Muller

Fordham Law Review

No abstract provided.

Discovery Of Attorney's Work Product And Other Trial Preparations In New York

Fordham Law Review

No abstract provided.

Discovery In Federal Criminal Cases—Rule 16 And The Privilege Against Self-Incrimination

Fordham Law Review

No abstract provided.

Pre-Trial Discovery Of Insurance Coverage And Limits, Joseph N. Fournier

Fordham Law Review

No abstract provided.