March 17, 2011, is the 10th anniversary of this law firm. As always, we are grateful to the City of New York for throwing a parade. ...

From Arizona ex rel. Goddard v. Frito-Lay, Inc., 2011 U.S. Dist. LEXIS 22813 (D. Ariz. Mar. 7, 2011): This discovery dispute arises in a case in which Arizona Civil Rights Division ("ACRD") brought suit against Defendants Frito-Lay. The ACRD brought suit after investigating the complaints of discrimination brought by the Intervenor Shel ...

From Jalbert v. Grautski, 2008 U.S. Dist. LEXIS 119268 (D. Mass. Mar. 31, 2008): Under Fed. R. Civ. P. 37.1(c), a party's failure to disclose information or identify a witness as required by Rule 26(a) will normally result in the party being barred from using that information or witness at the trial, unless the failure was substantially ...

From Reid Road Municipal Utility Dist. No. 2 v. Speedy Stop Food Stores, Ltd., 2011 Tex. LEXIS 190 (Tex. Sup. Ct. Mar. 11, 2011): In this case we address *** whether an employee of the corporate general partner of a limited partnership qualifies to testify about the fair market value of partnership property under either the Property Ow ...

From European Community v. RJR Nabisco, Inc., 2011 U.S. Dist. LEXIS 23538 (E.D.N.Y. Mar. 8, 2011): Plaintiffs' Second Amended Complaint — a structureless morass of allegations, devoid of any sequential description of events — generally asserts that Defendants engaged in a global money-laundering scheme. *** Plaintiffs allege a repres ...

From Commonwealth v. Capece, 2010 Pa. Dist. & Cnty. Dec. LEXIS 506 (Ct. Common Pl. Oct. 18, 2010): Shortly after exchanging e-mail addresses with Defendant, the complainant began receiving e-mails from Defendant's e-mail address on her computer at school. *** She testified that she received approximately 140 e-mails from Defendant. *** ...

From Fishoff v. Coty Inc., 634 F.3d 647 (2d Cir. 2011): Because Fishoff's initial complaint included a cause of action for violations of Section 10(b) of the Securities Exchange Act of 1934, pursuant to the terms of the Private Securities Litigation Reform Act ("PSLRA"), the district court was required at the close of litigation to ente ...

From Cost v. State, 417 Md. 360, 10 A.3d 184 (Ct. App. 2010): Maryland recognizes some form of jury instructions regarding missing or destroyed evidence in both civil and the criminal contexts. In the civil context, we give a jury instruction for the "spoliation of evidence" where a party has destroyed or failed to produce evidence. < ...

Don Cowan of Raleigh, North Carolina, has identified a confidentiality glitch in the federal electronic case filing system. If a non-party files a motion (e.g., to quash a subpoena or to intervene) and thereby becomes a party for ECF purposes, that person or entity may immediately have access to all material electronically filed in the action, including confiden ...

From Jock v. Sterling Jewelers, Inc., 738 F. Supp. 2d 445 (S.D.N.Y. 2010): On August 18, 2010, the above-captioned plaintiffs moved for a stay of the Court's August 6, 2010 Order pending their appeal of that Order. The August 6 Order vacated an arbitrator's June 1, 2009 award, which had permitted the plaintiffs to pursue class certific ...