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|A Tort Defendant May Name Plaintiff’s Subsequent Physician As A Non-Party At Fault, Despite The “Original Tortfeasor Rule”|
Jones Skelton Hochuli P.L.C.;
August 23, 2016, previously published on July 18, 2016Arizona’s comparative fault statute (UCATA) requires the trier of fact in a tort case to compare and apportion the fault of all persons who are alleged to have contributed to the plaintiff’s injury. With a few exceptions, each person is liable only for his or her own percentage of...
|Significant Developments In Spoofing Cases: Coscia, 3Red and Sarao|
Jeffry M. Henderson, Harris L. Kay; Greenberg Traurig, LLP;
August 18, 2016, previously published on August 10, 2016As we have noted in previous articles, “spoofing” - placing non-bona fide orders with the intent to cancel prior to execution - remains squarely in the cross-hairs of exchanges, regulatory agencies, and the United States Department of Justice. Significant developments have occurred in...
|Funding Litigation and Treatment: Leveling the Playing Field or Exploiting the Little Guy?|
Kari L. Sutherland; Butler Snow LLP;
August 17, 2016, previously published on Spring 2016Is litigation funding a creative way to help “the little guy” or the resurrection of a practice that even the Athenians deemed impolitic?1 In an environment where many posit that access to the courts can be at least somewhat dependent on a person’s financial viability, does...
|Court of Appeal Rules that Defendants Require Expert Evidence in Moving for Summary Judgment to Dismiss a Medical Malpractice Claim|
Matthew Gray, George R. Wray; Borden Ladner Gervais LLP;
August 16, 2016, previously published on August 5, 2016In the recent decision of Sanzone v. Schechter,1 the Ontario Court of Appeal provided insight regarding the evidentiary burden that a defendant must meet in moving to dismiss an action by way of summary judgment, and in particular what expert evidence may be required.
|Disclosure of Confidential Information within the Cayman Islands’ Financial Services Industry|
Richard Annette, Farrah Sbaiti; Stuarts Walker Hersant Humphries;
August 15, 2016, previously published by Stuarts Walker Hersant Humphries WebsiteThe Government published The Confidential Information Disclosure Bill (“CIDB”) on 11 May 2016 which will come into force by September 2016.
|Can't You Get Rid of that Lawsuit? It's Just Sitting There.|
Edward E. (Ned) Nicholas; Vandeventer Black LLP;
August 15, 2016, previously published on July 2016A plaintiff files but does not serve a complaint. Filing the complaint stops the clock on the statute of limitations, but until the plaintiff causes the complaint to be formally "served" on the defendant, there is no obligation to file an answer. So the lawsuit does not move forward. If...
|Florida Legislative Report: Citizens No Longer Treading Water on Assignment of Benefits Misuse|
H. Lee Moffitt, Jennifer Wilson; Adams and Reese LLP;
August 11, 2016, previously published on June 2, 2016More than ten years have passed since Florida’s last hurricane, but inflated water damage claims have been pouring in at such high rates that one Florida insurer has finally said, “Enough is enough.”
|The Cautionary eDiscovery Tale Beneath the FBI’s Clinton Email Probe|
David M. Stein; Adams and Reese LLP;
August 11, 2016, previously published on July 29, 2016Buried beneath the politically-charged headlines of recent weeks regarding Secretary Hillary Clinton’s emails lies a cautionary tale on a subject a surprising number of lawyers and their clients give little thought: eDiscovery. From an initial document set of over 60,000 emails residing on...
|New Rules Take Effect at the Singapore International Arbitration Centre|
Thomas R. Snider; Greenberg Traurig, LLP;
August 10, 2016, previously published on August 1, 2016The Singapore International Arbitration Centre (SIAC) has updated its procedural rules. The revised rules - known as the “SIAC Rules 2016” - take effect on Aug. 1, 2016. The SIAC Rules 2016 mark the sixth edition of the SIAC’s rules since the institution commenced operations in...
|Can You Bring A Claim In The English Court?|
Christopher Coffin, Peter W. Wood; Withers Bergman LLP;
August 5, 2016, previously published on July 27, 2016The English courts are often used to resolve disputes involving parties based in other countries. The reasons behind a party's choice of the English courts can be many and varied, but the rules that govern the court's ability to accept jurisdiction over these disputes are well established.