Jurors, like everyone else, overwhelmingly use the Internet. They have access to information, however dubious, on the subject-matter of the case, the parties, the lawyers, the witnesses and even the evidence. I attended an excellent program at the Annual Meeting…

From McReynolds v. Lowe’s Cos., 2008 U.S. Dist. LEXIS 100594 (D. Idaho Dec. 12, 2008): Lowe’s objects to Plaintiffs’ Exhibits F, G, I, and L – W which are attached to the affidavit of Plaintiffs’ counsel in response to the…

From Del Webb Communities, Inc. v. Partington, 2009 U.S. Dist. LEXIS 85616 (D. Nev. Sept. 18, 2009): MAINTENANCE AND CHAMPERTY Both parties have moved for summary judgment as to Del Webb’s claims for maintenance and champerty. Maintenance and champerty are…

In Rents v. Dynasty Apparel Indus., 2009 U.S. App. LEXIS 2623 (6th Cir. Feb. 11, 2009), the court found that there was no factual basis for the claims asserted against certain defendants (the Warfield Defendants). The plaintiff was not sanctioned…

From Holloway v. Trombly, 2009 U.S. Dist. LEXIS 8439 (E.D. Mich. Feb. 3, 2009), a habeas corpus proceeding: Barbee [the victim] said at trial that he was worried and scared and did not want to testify. He explained that on…

From Adams v. County of Erie, 2009 U.S. Dist. LEXIS 87289 (W.D. Pa. Sept. 23, 2009): To establish a claim under § 1962(b), the Plaintiff must allege an injury from the Defendants’ acquisition or control of an interest in a…

From U.S. EEOC v. Olsten Staffing Servs. Corp., 2009 U.S. Dist. LEXIS 88903 (W.D. Wis. Sept. 28, 2009): The EEOC authenticates the e-mail through the testimony of Sue Horne, who is the human resources manager for Main Street Ingredients and…

From Novartis Vaccines and Diagnostics, Inc. v. Bayer Healthcare LLC, 2009 U.S. Dist. LEXIS 89117 (E.D. Tex. Sept. 28, 2009): That access to some sources of proof presents a lesser inconvenience now than it might have absent recent developments does…

From United States v. Ruehle, 2009 U.S. App. LEXIS 21450 (9th Cir. Sept. 30, 2009) (Irell is corporate counsel for Broadcom, and Ruehle was the CFO of the Company at the time of Irell’s internal investigation): [Failure to Document Upjohn…

From Nahigian v. Juno-Louduon, LLC, 2009 U.S. Dist. LEXIS 89133 (E.D. Va. Sept. 28, 2008): [Geographic vs. Sovereign Restriction] The Agreement provides that: “In connection with any litigation between Buyer and Seller arising out of this Agreement . . .…