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|Beware of Going Without a Court Reporter!|
Jens B. Koepke; Morris Polich & Purdy LLP;
November 27, 2015, previously published on November 9, 2015One of the well - known side effects of the court funding crisis has been the elimination of court reporters in many civil courtrooms. How that can negatively impact litigants, particularly on appeal, has now become clearer. A recent California Court of Appeal decision shows that not having a court...
|Second Circuit Sides with Taxpayers in Privilege Dispute Over Accounting Firm Memoranda|
Zachary T. Atkins, Marc A. Simonetti; Sutherland Asbill & Brennan LLP;
November 18, 2015, previously published on November 17, 2015The U.S. Court of Appeals for the Second Circuit held that the attorney-client privilege and work-product doctrine protected legal memoranda prepared by an accounting firm that were disclosed to third parties. The Schaeffler Group sought to refinance its acquisition debt held by a consortium of...
|Court Rules on Antitrust Claims Arising from Changes to Electricity Pricing Plans for Home Solar Users|
Tracey K. Ledbetter, James R. McGibbon, James A. Orr; Sutherland Asbill & Brennan LLP;
November 17, 2015, previously published on November 17, 2015A federal court allowed certain antitrust and state law claims brought by an installer of distributed solar energy systems against Arizona’s Salt River Project Agricultural Improvement and Power District (SRP) to move forward in litigation. As reported in a recent Sutherland Legal Alert,...
|Pennsylvania Court Finds Employer Has No Tort Duty to Prevent Employee Data Breach|
Daniel M. Taylor; Margolis Edelstein;
November 13, 2015, previously published on July 2015A well regarded Allegheny County trial judge finds that an employee may not maintain a private cause of action sounding in tort against his or her employer arising from a data breach. The opinion of the court, handed down in Dittman v. UPMC, No. GD-14-003285 (Allegheny County, May 28, 2015), is...
|Unusual Illinois Decision May Impact Structured Purchasing Industry|
Ronald E. Reitz; Margolis Edelstein;
November 13, 2015, previously published on July 2015The Illinois legislature appears poised to amend the state’s “Structured Settlement Protection Act”, in part to address the anomalous decision in Settlement Funding, LLC v. Cathy Brenston, Nos. 4-12-0869, 4-12-0870, 4-12-0944, 2013 Ill. App. LEXIS 573 (Ill. Ct. App. Aug. 26,...
|Tennessee Supreme Court Reverses Course and Jettisons Unworkable Summary Judgment Standard|
Jeffrey C. Smith; Adams and Reese LLP;
November 12, 2015, previously published on October 29, 2015Recently, the Tennessee Supreme Court entered its opinion in Rye v. Women’s Care Center of Memphis, MPLLC. In it, the Supreme Court held the analytical framework governing summary judgments in Tennessee state courts since 2008 is unworkable. That standard—first announced in the Hannan...
|Fraudster Using Loans to Try to Get Around English Freezing Order|
Stephen Ross; Withers Bergman LLP;
November 5, 2015, previously published on October 30, 2015Does the standard form of English Freezing Order bite on loans held by the Defendant where he has the power to direct how the proceeds are disposed of? The Supreme Court recently looked at this question purely in terms of the interpretation and application of the standard form of English Freezing...
|The Court of Appeals Revisits and Upholds the Trivial Defect Defense|
Abrams Gorelick Friedman Jacobson LLP;
October 30, 2015, previously published on October 26, 2015After almost twenty years, the New York Court of Appeals has revisited the trivial defect defense. Rather that break new ground, the Court reinforced its holdings in the seminal trivial defect case, Trincere v. County of Suffolk, 90 N.Y.2d 976 (1997). The Court heard appeals from three different...
|Court Denies Request to Add Defendants to FDCPA Complaint; Cites Lack of Diligence, Inordinate Delay and Substantial Prejudice|
Abrams Gorelick Friedman Jacobson LLP;
October 30, 2015, previously published on October 26, 2015Officers of two health care companies defeated Plaintiff's attempt to amend a Class Action Complaint to name them as defendants. United States District Judge Joanna Seybert denied Plaintiff's motion to amend due to Plaintiff's lack of diligence and inordinate delay, and the substantial prejudice...
|The Professional as Expert Witness: Understanding the Role|
Ian Jones; Singleton Urquhart LLP;
October 26, 2015, previously published on October 19, 2015Professionals such as engineers and doctors are often called upon to provide expert reports and testimony in legal proceedings, so it is important that members of a profession who perform such services appreciate the extent and limitations of the role the expert witness plays in litigation. Here is...