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Civil Practice

Bringing a Negligence Case Against an Employee of the U.S.

Wednesday, May 1, 2013

Many attorneys make procedural errors when trying to bring a negligence case against an employee of the United States. In this article, a former U.S. Attorney highlights the proper way to bring such a case, within the framework of the Federal Tort Claims Act (FTCA), the only statute permitting such actions.

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Kiobel v. Royal Dutch Petroleum Co.

Wednesday, April 17, 2013

The presumption that a statute has no extraterritorial application absent a clear indication applies to claims under the Alien Tort Statute, and nothing in the statute rebuts that presumption.

Genesis Healthcare Corp. v. Symczyk

Wednesday, April 17, 2013

Because respondent had no personal interest in representing putative, unnamed claimants, nor any other continuing interest that would preserve her suit from mootness, her suit was appropriately dismissed for lack of subject-matter jurisdiction.

Warren Hospital v. John and Jane Does (1-10)

Wednesday, April 10, 2013

The trial court erred in protecting the anonymity of the alleged hackers who hacked into a hospital's intranet and circulated defamatory messages to the hospital's employees.

Differing Opinions on Accepting Questions from Jurors

Thursday, April 4, 2013

Questions from jurors to witnesses during trial is promoted by some federal judges, rejected by others and cautiously permitted by circuit courts with words of reservation. State courts on the whole are more receptive of the process. Appellate courts that permit the practice leave the decision to the discretion of the trial courts. This article explores the differing positions.

Privilege Logs in the Age of ESI

Thursday, March 28, 2013

The exponential increase in the use of electronically stored information has caused many logistical problems with logging privileged information. Practitioners and scholars have offered a few suggestions on how to upgrade this traditional method.