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Can Courts Introduce Legal Issues Not Raised by the Parties?

Briefs have been filed. You and your adversary have joined issue on the questions for judicial decision; but then the court introduces its own new legal issues into the case and, further, invites third parties who haven’t participated in the case to submit amicus briefs. You’re now watching the dispute evolve outside your control. Can judges do that?

Discovery of Personnel Records in Employment Discrimination Cases

Whether personnel records are admissible into evidence is a different issue than whether they are discoverable, and this will always be a fact-intensive inquiry.

Reviewable Protective Orders Under CPL 245: Two Bites at the Apple to Find Fairness

An examination of New York’s new criminal discovery laws, specifically the new CPL article 245 which provides that significant, enumerated disclosures be made to the defense within specified time periods.

Enforcing a Judgment Against an Alter Ego of a Foreign Sovereign

A discussion of the specific advice the Third Circuit provided in the Crystallex decision to future judgment holders while also highlighting lingering uncertainties and unique particularities in this area of law.

Boilerplate Benchslaps: Lessons for Litigants Five Years After Rule 34 Discovery Amendments

A discussion of notable cases finding Rule 34 violations, various remedies the courts have implemented, and some practice pointers to ensure compliance.