September 13, 2024 | Connecticut Law Tribune
Today's Litigation Needs Dynamic Case ManagementIn America today, nobody who goes to court escapes a system that is slow, expensive, and rarely results in a trial. Whatever your political views, the Trump legal saga illustrates this failure to adjudicate.
By Thomas Moukawsher
5 minute read
August 27, 2024 | Connecticut Law Tribune
Today's Textualism is Strictly OptionalIt's not that textualism is dead, but strict adherence to it certainly is. And that's probably a good thing.
By Thomas Moukawsher
5 minute read
August 14, 2024 | Connecticut Law Tribune
Fixing the System: A New Vision for Handling DiscoveryDiscovery reform is overdue. With it, litigation can conclude faster.
By Thomas Moukawsher
6 minute read
July 18, 2024 | Connecticut Law Tribune
Ripe for Reform: Contemporary Discovery Is a Core Complication in Today's CourtsContemporary discovery takes up more money and time than anything else in litigation. In generic civil litigation the process is laborious, expensive and needlessly elongated.
By Thomas Moukawsher
5 minute read
June 26, 2024 | Connecticut Law Tribune
Lawyers Should Take No Part in Delegitimizing Our CourtsCourts should discipline lawyers who assert intentional falsehoods that undermine public trust in the legitimacy of the judiciary.
By Thomas Moukawsher
5 minute read
June 10, 2024 | Connecticut Law Tribune
Redundant Red Tape: Let's Fix Procedure for the Prejudgment RemedyThere's no doubting the usefulness of prejudgment remedies under Connecticut law. For commercial creditors in particular, a properly executed waiver…
By Thomas Moukawsher
5 minute read
May 28, 2024 | Connecticut Law Tribune
Understanding the Limits of Attorney-Client PrivilegeAssertion of privilege is a double-edged sword that can cause trouble as easily as it can get you out of it.
By Thomas Moukawsher
5 minute read
May 13, 2024 | Connecticut Law Tribune
Excessive Red Tape: Let's Curb Needless Administrative ProcessThe virtues of administrative agencies are obvious. It's their vices that should concern us.
By Thomas Moukawsher
5 minute read
May 02, 2024 | Connecticut Law Tribune
A Good Complaint Tells a StoryEven the most sophisticated commercial dispute—even the most dry-as-dust regulatory appeal—involves a basic human value that should leap from your complaint shouting for justice.
By Thomas Moukawsher
5 minute read
April 16, 2024 | Connecticut Law Tribune
Payback Time: How to Deal With Lies in CourtThe lie worth presenting to a judge doesn't happen in every case, but when it does, the judge has a number of ways of making the gift pay back the perjurer in spades.
By Thomas Moukawsher
6 minute read