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Fax to employer didn’t violate Fair Debt Act 

Published: December 23, 2011

Tags: debt collection, Fair Debt Collection Practices Act, Federal Rules of Civil Procedure

A fax to a debtor’s employer didn’t constitute a “communication” under the Fair Debt Collection Practices Act, the 10th Circuit has ruled.

Bill to toughen frivolous lawsuit sanctions advances 

Published: July 11, 2011

Tags: attorney sanctions, Congress, Federal Rules of Civil Procedure, frivilous lawsuits, Lawsuit Abuse Reduction Act, Rule 11

WASHINGTON – Sanctions against attorneys who file frivolous lawsuits in federal court would be toughened under legislation advanced by the House Judiciary Committee.

Supremes nix Wal-Mart workers’ class action bid 

Published: June 20, 2011

Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart

A group of more than a million sex discrimination plaintiffs cannot be certified as a class under Rule 23(a) because their claims do not depend upon a common contention capable of class-wide resolution, the U.S. Supreme Court has ruled.

CLASS ACTIONS 

Published: June 20, 2011

Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart

A group of more than a million sex discrimination plaintiffs cannot be certified as a class under Rule 23(a) because their claims do not depend upon a common contention capable of class-wide resolution.

See “Supremes nix Wal-Mart workers’ class action bid”

U.S. Supreme Court. Wal-Mart Stores v.
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Expert report may be required for treating physicians 

Published: May 6, 2011

Tags: expert witnesses, Federal Rules of Civil Procedure, negligence

A plaintiff in a personal injury case may be required to file witness reports for treating physicians who are prepared to render expert opinions, the 9th Circuit has ruled.

Expert witness preparation after the 2010 amendments 

By: W. William Hodes
Published: April 29, 2011

Tags: Discovery, ethics, expert witness preparation, expert witnesses, Federal Rules of Civil Procedure, Rule 26

Rule 26 of the Federal Rules of Civil Procedure, which broadly addresses the scope of permissible discovery and the basic rules of the road, has been thoroughly overhauled several times and tweaked almost continuously since its original inclusion in the Rules in 1938.

Wal-Mart employees face Supreme skepticism 

By: Kimberly Atkins
Published: March 29, 2011

Tags: class action, employment discrimination, Federal Rules of Civil Procedure, Supreme Court, Wal-Mart

WASHINGTON – The case of Wal-Mart Stores v. Dukes involves a complex set of legal and procedural issues that will determine whether a group of 1.5 million current and former retail store employees can join to form the largest class ever in an employment discrimination case.

Sanctions for e-discovery violations at ‘historic’ high 

By: Christina Pazzanese
Published: February 14, 2011

Tags: e-discovery, electronic discovery, ethics, Federal Rules of Civil Procedure, Sanctions

Sanction motions and awards for e-discovery violations across the country have climbed dramatically in recent years and have now hit “historic highs,” according to a study published in the Duke Law Journal.

State SLAPP law applies in federal court 

By: Thomas E. Egan and David E. Frank
Published: January 6, 2011

Tags: anti-SLAPP statute, civil rights, due process, Federal Rules of Civil Procedure, freedom of speech, right of petition, §1983

More litigants may be able to take advantage of state anti-SLAPP laws in federal court following a recent 1st Circuit ruling.

Federal rules ‘muddy’ on new-trial filing deadlines 

By: Christina Pazzanese
Published: January 3, 2011

Tags: Federal Rules of Civil Procedure

A recent ruling by a U.S. District Court judge in Massachusetts on a defendant’s motion for a new trial highlights an ambiguity in the Federal Rules of Civil Procedure.