Discovery — Public Access

A follow up to the January 9, 2007 post (Protective Orders — 2000 Amendment to Rule 5(d)) and a recent publication on this subject (January 2007 Practical Litigator article): Professor Rick Marcus of Hastings College of Law — the Reporter to the Discovery Subcommittee of the Advisory Committee on the Federal Rules of Civil Procedure — has written an interesting article entitled: ‛A Modest Proposal: Recognizing (At Last) That The Federal Rules Do Not Dec ...

Experts — Accepted Methodology

In Inline Connection Crop. v. AOL Time Warner Inc., 2007 U.S. Dist. LEXIS 4761 (D.Del. Jan. 23, 2007), a patent infringement case, the Magistrate Judge rejected a Daubert challenge to defense expert testimony concerning damages and royalty calculations. Some of the testimony was based on conversations between the expert and employees of other corporations in the field and, according to the plaintiff, the experts failed to as substantiating questions or obtain any ...

Securities Fraud — Dismissal

Yesterday, the Eastern District of Michigan dismissed with prejudice the securities fraud class action captioned In re United American Healthcare Corp. Secs. Litig., 2007 U.S. Dist. LEXIS 6362 (Jan. 30, 2007). First, it reasoned that there was no duty to disclose the undisclosed information. Second, it held that, even if the group pleading doctrine survived enactment of the PSLRA, scienter had to be, and was not, alleged with specificity as to each defendant. Th ...

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