Gregory P. Joseph I. CIVIL PROCEDURE AMENDMENTS The amendments to the Federal Rules of Civil Procedure effective as of December 1, 2000, will have a significant effect on discovery practice. All of the effects, however, may not be intended. The amendments affect Rules 5(d), 26(a)(1), 26(b)(1)-(2), 26(d), 26(f), 30(d), ...

Gregory P. Joseph I. Conflicting Goals. A. Examiner's Goals.   1. To freeze the witness into positions on all important issues in the case. 2. To obtain concessions. 3. To demonstrate bias. 4. In the case of experts: ...

Gregory P. Joseph*      The Advisory Committee on the Federal Rules of Civil Procedure has drafted proposed amendments addressing electronic discovery.  The proposals extend beyond electronic discovery in some respects.  The pr ...

Gregory P. Joseph* The Advisory Committee on the Federal Rules of Civil Procedure has published draft amendments addressing electronic discovery.  The proposals extend beyond electronic discovery in some respects.  None of the proposals will ...

Gregory P. Joseph* This article focuses on the potentially preclusive impact of the 1993 amendments on demonstrative evidence used with expert witnesses at trial and offers alternatives to ameliorate this harsh result. Expert Demonstratives ...

Gregory P. Joseph* Proximate cause is a statutorily-mandated prerequisite for standing to bring a civil RICO action. 18 U.S.C. § 1964(c) limits standing to persons injured "by reason of a violation of § 1962...." The "by reason of" language of imposes the proximate cause requirement, under the Supreme Court's decis ...

Gregory P. Joseph* The most frequently litigated RICO provision - the crux of most civil claims - is 18 U.S.C. § 1962(c), which renders it "unlawful for any person employed by or associated with any enterprise ... to conduct or participate, directly or indirectly, in the conduct of such enterprise's affairs through a pattern of ...

by Gregory P. Joseph* The civil RICO cause of action is created by 18 U.S.C. § 1964(c): "Any person injured in his business or property by reason of a violation of § 1962 ... may sue therefor ... and shall recover threefold the damages he sustains and the cost of the suit, including a reasonable attorney's fee...."