The Origins of Federal Rule of Civil Procedure 7.1
Upon its addition to the Federal Rules of Civil procedure in April 2002, Rule 7.1 has required nongovernmental corporate parties in federal court to file a disclosure statement that (1) identifies any parent corporation and any publicly held corporation that owns 10% or more of its stock, or (2) states that there is no such corporation. See …
ALFA International Publications
The duty to preserve and not spoliate evidence is a requirement that transcends substantive areas of law and impacts virtually all litigators and clients involved in product liability claims and lawsuits. Spoliation of evidence is a “hot topic” because it is something that must be considered and affirmatively raised in every such case. To ensure the ability to present necessary evidence at trial, …
The return to courtroom trials brings excitement and the persuasion of in-person testimony. However, the excitement disappears when your opponent tries to compel the appearance of a witness that you do not want anywhere near the witness stand. With the advent of videoconference testimony and the use of Federal Civil Rules 43 and 45, plaintiffs are attempting to extend the federal subpoena power to…
This seminar was going to occur in October 2021. The Pandemic got worse again and so our Practice Group canceled the seminar and rescheduled it for the current planned dates. I had written the following introduction for the October 2021 seminar date:
As I write this in August 2021, the status of Covid and how businesses are handling it is still very much unresolved. Only a couple months ago, it…
Covid-19 and the resulting global pandemic brought about significant changes to the way people and institutions conduct business. Although typically slower to change than some other industries, courts and litigators across the country have rapidly adopted and leveraged new technologies including remote videoconferencing platforms. This topic will discuss the use of such platforms for v…
Growth of the industry and why it is important
The Internet of Things (“IoT”) refers to physical products or equipment that can collect and share data and possibly other interactions such as remote control by the internet. The IoT is the melding of the physical and digital worlds. IoT devices communicate with each other as well as with people.
The IoT is present in almost every industry. Named s…
Product Performance vs. Defect
Class action lawsuits are brought by consumers for defective products. These products may have inferior performance than expected based on how the products were advertised or marketed to work. The problems may arise from faulty design, poor quality, or other defects.
There was a nationwide LG refrigerator class settlement in 2012.[1] The refrigerator cooling defect…
Cultural Competency and Creating More Diverse and Inclusive Companies
The Model Rules of Professional Responsibility require lawyers to provide competent representation of their clients. Competency is maximized when it includes cultural awareness and an understanding of both our own biases and those existing in the communities where we practice. How can we create a diverse team to help identify cu…
Using Plaintiff’s Mindgame to Defense’s Advantage
What is the “Reptile Theory”?
“On the exterior, the Reptile theory is an in-vogue strategy, designed to produce greater income for plaintiff’s counsel. At its core, it is nothing beyond an attempt to impose a deceptive con on the human mind.”[1]
The Reptile theory is a nationwide phenomenon in which plaintiff’s counsel – the Reptile questioners …
Mental injuries are a fertile area for enhanced damage claims by plaintiffs. The trend in non-catastrophic cases, with few or no symptoms, is for plaintiffs’ counsel to abandon medicine and science in favor of lay evidence to support otherwise undetectable mental injuries beyond general emotional distress connected with an accident. Memory loss, headaches, fatigue, confusion, inability to work or …