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Stories and case digests on notable rulings and key issues, and how to navigate frequent problems, "warning stories" about what not to do
By Charles Toutant | June 5, 2024
"I think the numbers only tell part of the story. It's important to have an appreciation for what else is going on with respect to that particular judge's docket," litigator Kerri Chewning said.
7 minute read
By David B. Levin, Matthew R. Feluren and Elizabeth C. Sardinas | June 5, 2024
Amended Rule 1.510 and new Rule 1.202 will go into effect on Jan. 1, 2025, and since the amendments were not published prior to adoption, interested persons will have 75 days from the date of the court's opinion to file comments with the court. These changes aim to enhance the efficiency and fairness of civil litigation across the state.
5 minute read
By Christopher Dunn | June 5, 2024
For civil rights lawyers, attorneys' fees paid by the government play a critical role in funding work on behalf of indigent clients and in deterring unlawful conduct by government actors. In April, however, the Supreme Court accepted for review a case that threatens to upend settled law across the federal circuits.
9 minute read
By Sulaiman Abdur-Rahman | June 4, 2024
Members of the public will now have an opportunity to comment on a proposal that would require amicus briefs in appellate cases to disclose certain information, including whether a party or its counsel "has a majority ownership interest in or majority control of a legal entity submitting the brief."
3 minute read
By H. Christopher Boehning and Daniel J. Toal | June 3, 2024
Despite the ubiquity of requests for clone discovery, few cases confront their complexity and analyze the issues involved. But in 'United States v. Anthem', the court explored the various challenges presented in clone discovery and ultimately offered a middle-ground approach that balances the burdens and benefits of sharing such data.
8 minute read
Delaware Business Court Insider
By Marianna Wharry | June 3, 2024
"I remain immensely grateful to Vice Chancellor (J. Travis) Laster, Blake Rohrbacher, and the subcommittee members for their commitment to this project," Chancellor Kathaleen St. Jude McCormick said in a statement. "Each subcommittee member's participation was essential to this project and our system is better thanks to their efforts."
2 minute read
By Barry Kamins | June 3, 2024
Surveillance technology has become a staple in criminal trials; with increasing frequency, prosecutors are offering surveillance video recordings as part of their evidence-in-chief. The New York Court of Appeals has now held that, under certain circumstances, a person who is not an eyewitness to the crime can testify at trial that the defendant is the person depicted in the video.
9 minute read
By Cliff Rieders | June 3, 2024
The gist of the action doctrine is generally "designed to maintain the conceptual distinction between breach of contract claims and tort claims. As a practical matter, the doctrine precludes plaintiffs from re-casting ordinary breach of contract claims into a tort claim."
8 minute read
By Colleen Murphy | May 31, 2024
"Allstate submits that, in recent years, the opioid abuse crisis has fueled urine drug testing (UDT) for pain management and prescription compliance, ripening opportunities for fraud, waste, and abuse," U.S. Chief District Judge Renée Marie Bumb wrote. "It links Phoenix Toxicology to a growing and disturbing trend of unnecessary UDT."
5 minute read
By Riley Brennan | May 31, 2024
"It is counterintuitive to insist that eliminating the possibility of malpractice suits is the way to incentivize proper representation of a child."
5 minute read
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