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Adobe PDFStop judicial bailouts
Daniel C. Girard; Girard Gibbs LLP;
Legal Alert/Article
November 14, 2011, previously published by The National Law Journal on December 1, 2008
As a law student in the early 1980s, I remember noticing that courts would occasionally justify their decisions as furthering “public policy.” Public policy was simple: Fraud is bad. Wasn’t it great, I thought, that we share a common view of public policy?

 

Adobe PDFLimiting Evasive Discovery: A Proposal for Three Cost-Saving Amendments to the Federal Rules
Todd Espinosa, Daniel C. Girard; Girard Gibbs LLP;
Legal Alert/Article
November 14, 2011, previously published by Denver University Law Review
Discovery accounts for the majority of the cost of civil litigation—as much as ninety percent in complex cases, according to some estimates. While the simplest and most effective way to control litigation costs would be to restrict or eliminate discovery, any savings would come at a high...

 

Adobe PDFBillions to Answer For
Daniel C. Girard; Girard Gibbs LLP;
Legal Alert/Article
November 14, 2011, previously published by Legal Times on September 15, 2008
In their Aug. 18 analysis "Billions Not For the Plaintiffs’ Bar," Michael Rivera and Erik Frias suggest that buyback transactions will largely dispose of class actions against banks that sold auction-rate securities, denying plaintiffs lawyers what they had allegedly viewed as a...

 

Adobe PDFAppeal This: Under What Circumstances Can a District Court Include Attorneys' Fees in an Appellate Bond Under FRAP 7?
Dena Connolly, Daniel C. Girard; Girard Gibbs LLP;
Legal Alert/Article
November 14, 2011
Let's face it: utter the phrase "appellate procedure" and even the most committed litigator gets drowsy-eyed, When it comes to class action appeals, however, everyone has an opinion, An appeal can tie up a settlement and jeopardize a recovery which may have taken years to achieve. At the...

 


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