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    News and Articles on Civil Procedure

    Archives: Civil Procedure

    * EDITORIAL: A new attempt to cower the media  Nov 28, 2008
    The council is reportedly mulling the introduction of the concept of provisional disposition, stipulated in the Civil Procedure Code (D^k), to the Satellite Broadcasting Law, to allow people or agencies who feel they have been the victim of erroneous or biased reporting to sue TV outlets and/or commentators. Some media professionals have criticized the proposal, saying the commission should focus on how to strengthen the media and TV commentators roles in correcting erroneous reports or... (Taipei Times, Taiwan -- World)

    CA Officially Moves into the SAAS World  Nov 17, 2008
    This topic has become an important legal consideration with increasing federal regulations and compliance obligations, including the amended Federal Rules of Civil Procedure (FRCP), Sarbanes-Oxley and HIPAA.. "CA pushed the 'On Demand' message when IBM invented it about eight years ago," analyst Robin Bloor, a partner at Hurwitz & Associates and founder of Bloor Research, told me. (eWeek)

    Lawyers log on to big changes with e-discovery  Nov 12, 2008
    The rules that govern this process in federal court are the Federal Rules of Civil Procedure. State courts have a similar set of procedural rules. (Houston Business Journal, TX)

    3rd Circuit: Truth in Lending Act Provides Unwaivable Defense  Nov 6, 2008
    Now the 3rd Circuit has agreed, finding that, under of the Federal Rules of Civil Procedure, the "tolerances for accuracy" provision should not be treated as an affirmative defense. Writing for the court, U.S. Circuit Judge Thomas L. Ambro found that Rule 8(c)'s key provision -- that an affirmative defense will be deemed to be waived unless asserted -- was designed to avoid "surprise and undue prejudice.". (Law.com)

    Orange County Jury Delivers Defense Verdict in Mold Case  Nov 4, 2008
    Wood Smith Henning n is in the process of filing a cost bill and seek expert fees and costs pursuant to California Code of Civil Procedure section 998. For more information on Wood Smith Henning n go to. (PR Newswire)

    What Lawyers Like Obama Mean When They Say "Redistribution"  Oct 29, 2008
    "When he was a law clerk to Justice Black, Charlie was struck by the injustice that a doctor, licensed to practice law in New York, could lose his right to practicein this instance because of allegations he'd fought against Francowithout any procedural protection," says Yale law professor Judith Resnik, who taught the civil procedure class I read Reich's article for in law school. Reich's idea was that a government license could be a form of property, in the sense that, once granted, it... (Slate)

    Default Sanction Suggested for Computer Spoliation  Oct 23, 2008
    "Under such exceptional circumstances, the only appropriate non-monetary sanction is a default judgment in plaintiffs' favor, pursuant to Federal Rule of Civil Procedure 37(b)(2)(A)(vi) and the court's inherent powers," Magistrate Judge Robert M. Levy wrote in , 03-cv-1570 ... He recommended a default judgment, citing the Federal Rules of Civil Procedure and the court's discretionary powers. (Law.com)

    Bayer in U.S. Rice Patent Case, Citigroup, Parmalat, KPMG in Court News  Oct 16, 2008
    While the farmers lost group leverage for forcing settlements because of the ruling, they may regain it should Bayer lose early trials, said , a University of Richmond who teaches tort and product-liability law and is an expert on federal courts and civil procedure. If the facts are ``very similar,'' early verdicts ``might be applied to other cases'' by the court, leaving only the amount of damages for juries to decide, Tobias said. (Bloomberg -- Germany)

    India Lures Corporate Outsourcing  Oct 15, 2008
    If you answer "yes," you are probably a litigator dealing with electronic data discovery and the 2006 amendments to the Federal Rules of Civil Procedure. According to , 2007 commercial expenditures on EDD topped $2. (Law.com)

    McAfee, WilmerHale Texas Fee Fight Dwindles to Fraud Claim  Oct 11, 2008
    Meanwhile, back in Texas, at an hour-and-a-half scheduling conference on July 24, U.S. District Judge Michael Schneider sided with WilmerHale, dismissing the case under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim. In the alternative, he found the matter was not ripe, the forum selection clause applied, venue was improper, and Goyal was an indispensable party. (Law.com)

    CA, Symantec Give E-Discovery Starring Role  Oct 10, 2008
    0 are the latest attempts by storage vendors to capitalize on the booming e-discovery market created by amendments to the Federal Rules of Civil Procedure (). CA has added a new Discovery and Retention Manager module to its to minimize data and optimize the legal discovery process. (EnterpriseStorageForum)

    Ghana Judiciary Service to get modern facilities - CJ  Oct 4, 2008
    Ms. Wahab, daughter of Maulvi Adam Wahab, Head, Ahmaddiyya Mission was also awarded as the best student in Civil Procedure, Family Law and Practice, Law of Interpretation of Deeds and Status. Source:GNA. (Ghana Web, Ghana)

    Economic Stabilization act full text  Oct 3, 2008
    21 of Civil Procedure, or any successor thereto. 22 (D) PERMANENT INJUNCTION. Any re23. (Gillette News-Record, WY)

    Virtual Machines Pose E-Discovery Risk, Vendor Says  Sep 23, 2008
    With the possibility of stiff fines for failing to produce information in legal cases, thanks to changes to the Federal Rules of Civil Procedure (), Kazeon vice president of marketing and business development Karthik Kannan said "It is no longer acceptable to say that you did not know of information that existed in your environment, nor is it acceptable to only produce part of the requested data. "It is also important to prove that you took every possible measure to surface all material... (EnterpriseStorageForum)

    5th Circuit Revives Jenkens' Fight With Former Client Over House  Sep 13, 2008
    Ingrid Felderhof filed a motion in February 2007 in Jenkens to vacate the order and set aside the default judgment against her under Federal Rules of Civil Procedure 60(b)(1) and 60(b)(4), alleging she was never served with a summons for the suit and therefore never learned of her duty to answer. Hittner denied that motion, and she appealed his decision to the 5th Circuit in April 2007. (Law.com)

    Plaintiffs Lawyer Files Constitutional Challenge to Law Restricting Silica Litigation  Sep 12, 2008
    James Paulsen, a law professor at in Houston who teaches civil procedure, says he doesn't believe the constitutional challenge to the law has much chance for success. He says the retroactive nature of the law doesn't violate the Texas Constitution's Bill of Rights, because it doesn't necessarily restrict a plaintiff's right to sue. (Law.com)

    E-Discovery Vendor Refines Legal Searches  Aug 30, 2008
    Thanks to changes in the Federal Rules of Civil Procedure () that require companies to produce documents in legal cases or face stiff penalties, vendors have been springing up to help companies navigate the morass of electronic documents to find those that are relevant to a case. Such solutions aren't cheap but neither are lawyers or the steep fines imposed on companies that have failed to produce documents. (EnterpriseStorageForum)

    Enforcement of Association Restrictions is Subject to Time Limits  Aug 22, 2008
    They relied on Code of Civil Procedure section 337 which in part says that the statute of limitations is four years for "an action upon any contract, obligation, or liability founded upon an instrument in writing .". But the Orange County Superior Court rejected the Prun's position, holding that the applicable Code of Civil Procedure section in this case was #336 which states a five year statute of limitations for "an action for violation of a restriction, as defined in Section 784 of the Civil... (RealtyTimes)

    McAfee's Focus Reconnex With Data Protection  Aug 19, 2008
    E-discovery is a vital part of compliance and has become an increasingly lucrative business since the Federal Rules of Civil Procedure, which are U.S. federal district court procedures for civil suits, were amended December 2007. Several major vendors, including IBM, (NYSE: IBM) are strengthening their offerings in this area. (CIO Information Network)

    How to Outline in Law School  Aug 17, 2008
    This includes using colored flags to mark each section of the outline and casebook, using boldface or highlights for the most important legal rules, and creating a separate guide for supplements (the Federal Rules of Civil Procedure, for example, or the Model Penal Code) with each section s topic listed and the most important topics bold-faced and easy to find. One final useful strategy for exam preparation is to use other materials to fill in any gaps. (Suite101.com)

    Judge Maintains Lawyer's Sanctions Over Cursing Client  Aug 16, 2008
    In those initial warnings, Robreno acknowledged that he at first suggested that sanctions were being considered under the Pennsylvania Rules of Professional Conduct, but that his February decision imposed the sanctions under Rules 30(d)(2) and 37(a)(5)(A) of the Federal Rules of Civil Procedure ... As a result, Robreno rejected Ziccardi's argument that the Federal Rules of Civil Procedure do not impose a duty on a lawyer to admonish a client on the record against frustrating a deposition. (Law.com)

    2nd Circuit Sets Standard for Anonymous Suit Filings  Aug 14, 2008
    Mordue then sua sponte instructed the plaintiff to file an amended complaint under her real name, saying New York's Rape Shield Law does not allow the use of pseudonyms and the Federal Rules of Civil Procedure require both that "all the parties" to a lawsuit be named [Rule 10 (a)] and that a "real party in interest" prosecute the action [Rule 17 (a). Mordue also required that any amended complaint allege the personal involvement of two defendants, specifically identify two defendants, state a... (Law.com)

    Clash Between Trial Bar and Business Expected Over False Claims Act  Aug 9, 2008
    Clarify that qui tam plaintiffs with detailed knowledge of a fraudulent scheme may bring cases even when they lack access to the defendant's false billing documentation (some courts apply Federal Rule of Civil Procedure 9(b) and require qui tam plaintiffs to have specifics of some individual invoices that have gone to the government). Allow only the Department of Justice, and not defendants, as is currently allowed, to move to dismiss a qui tam suit because the information on which it is based... (Law.com)

    E-discovery still confounds companies and their lawyers  Aug 8, 2008
    Federal Rules of Civil Procedure (FRCP) were amended in 2006 to clarify the requirements for e-discovery, said John Benson, an electronic discovery consultant for Kansas City law firm Stinson Morrison Hecker LLP, but the issues around e-discovery should have been resolved a long time ago, he said ... "Attorneys are just coming to the realization that people have computers and have important information on them. John Benson, electronic discovery consultant, Stinson Morrison Hecker LLP Federal... (Search Security, MA)

    Federal Judge: Prima Facie Claim Not Needed for Punitive Damages Discovery  Jul 31, 2008
    As a result, Munley rejected a defense request for a protective order under Rule 26(c) of the Federal Rules of Civil Procedure that would have barred the plaintiffs from conducting any discovery on the defendants' financial condition until a jury concluded that punitive damages were warranted. According to court papers, Tony Sanders was driving a tractor-trailer owned by Panther in Dallas, Pa. (Law.com)

    Judge Grants Forfeiture of Home in Slavery Case  Jul 31, 2008
    Spatt last week found a "sufficient nexus" between the couple's crimes and their home in the Muttontown Knowls subdivision to merit forfeiture under the Federal Rules of Civil Procedure. "In this case, the essence of the Defendants' crimes involve harboring illegal aliens and forcing them to perform domestic labor. In addition, the jury determined that Varsha actually caused serious bodily injury to the victims," Spatt held in , 07-cr-429. (Law.com)

    Autonomy Supports Blackberry(R) Pin-To-Pin and SMS Messaging for FRCP-Compliance  Jul 29, 2008
    Electronic Discovery, Archiving Software and Hosted Services Help Minimize Mobile Communication Risk CAMBRIDGE, England and SAN FRANCISCO, July 29 /PRNewswire-FirstCall/ -- Autonomy Corporation plc (LSE: AU. or AU.L), a global leader in infrastructure software for the enterprise, today announced that its software and hosted services for end-to-end eDiscovery and archiving enable the compliance archiving and search of BlackBerry(R) Pin-to-Pin and SMS messages, helping organizations to manage... (PR Newswire)

    Amid hard times, a single mom is told to get out of apartment  Jul 28, 2008
    The officer told the landlord that he couldn't because an eviction was a civil procedure that had to be handled by the courts. "No one from the city told them to get out," Hatfield said. (Florida Times-Union)

    Understanding E-Discovery  Jul 22, 2008
    New amendments to the Federal Rules of Civil Procedure specifically dealing with e-discovery became effective in December 2006. But serious questions remain. (Townhall.com)

    Pa. High Court to Hear Appeal in High-Profile Kia Class Action  Jul 16, 2008
    The plaintiffs argued in court papers that under U.S. and Pennsylvania Supreme Court precedent attorney fees are not disposed of by a judgment, and that under Pennsylvania Rule of Civil Procedure 1716 a lodestar base fee is allowed to account for the risks of contingency fees. The Donovan, Feldman and Mailman team had one victory and one loss last month against Kia with parallel class actions in other states. (Law.com)

    CLP candidates can take paper in October  Jul 16, 2008
    CLP director Muniandy Kannyappan said that a candidate who passed the four other papers would be given a conditional pass, that is a pass on condition he passes the Civil Procedure paper in a supplementary examination later ... Muniandy said that of the 641 candidates who had registered for the Civil Procedure paper on Monday only 611 had sat for it. (The Star Online, Malaysia -- News)

    Attorney: Cowin ignored complaints about Ariaz  Jul 7, 2008
    An attorney who files suit is bound by law to: "The signing of a pleading as required by the Texas Rules of Civil Procedure constitutes a certificate by the signatory that to the signatory's best knowledge, information, and belief, formed after reasonable inquiry, the pleading is not: (1)groundless and brought in bad faith;...". As to the letter by Ozmun that was released by the City on the opinion of the Texas AG, I would not be surprised that there are issues claimed by the plaintiff that were... (Brownwood Bulletin, TX)

    More of this story  Jul 4, 2008
    Attorney Gene McKissic, who was hired to represent the city of Pine Bluff after City Attorney Carol Billings and the Arkansas Municipal League declined, said in a motion filed Monday that Arkansas Rules of Civil Procedure allow a defendant 45 days to file a response to a complaint. On June 23, Circuit Judge Rob Wyatt Jr., who was assigned to hear the case, signed an order giving the city until 4 p.m. on Wednesday to file its response to the complaint, which the Library Board of Trustees filed... (Pine Bluff Commercial, AR)

    2008 Upson County Political Forum  Jul 3, 2008
    I am knowledgeable of court procedures as I received the Civil Procedure Award while there. I was law librarian for two years. (Thomaston Times, GA)

    Web 2.0 and e-discovery: Risks and countermeasures  Jul 3, 2008
    Essentially, e-discovery is the electronic extension of the legal process of discovery, which Wikipedia defines as "the pre-trial phase in a lawsuit in which each party through the law of civil procedure can request documents and other evidence from other parties or can compel the production of evidence by using a subpoena or through other discovery devices, such as requests for production and depositions.". If you're an IT person, not a lawyer, it's important to note that the rules governing... (Search Security, MA)

    Attorneys ask court to let malpractice judgment stand  Jul 1, 2008
    Seach and Lang said state rules of civil procedure dictate that a judgment shall not be subject to reconsideration. Laputka, Bayless, Ecker lost a jury trial to a group that includes members of the Slusser family of contractors and construction material suppliers. (The Citizen's Voice, PA)

    Judge Tentatively Approves Settlement of Eating-Disorder Class Action  Jun 26, 2008
    Hochberg said she was satisfied the settlement met the criteria for preliminary approval under federal rules of civil procedure governing class action deals for which injunctive relief is the primary benefit to a group that could not achieve the same results in individual litigation. A fight is brewing, however, on whether Hochberg should make the settlement final by ruling it is fair to members of the class. (Law.com)

    Federal Judge Responds to Limerick Brawl With a Bit of Poetic Justice  Jun 25, 2008
    But Contastathes' lawyer moved to dismiss the third-party complaint, arguing that the club's lawyers had violated Rule 14 of the Federal Rules of Civil Procedure by failing to obtain court permission to file a third-party complaint more than 10 days after filing its answer ... By filing the third-party complaint five months after it filed its answer and without first getting court permission to do so, Kurtas argued, the club violated Rule 14 of the Federal Rules of Civil Procedure. (Law.com)

    Fed. High Court Raises Panel To Review Rules  Jun 21, 2008
    THE Federal High Court of Nigeria (FHCN) yesterday inaugurated a nine-man committee headed by Justice Okechukwu Okeke to review the court's Civil Procedure Rules ... To him, the committee will come up with a fresh draft of the rules of the court building on the foundation of the FHC (Civil Procedure) Rules 2000. (Guardian News, Nigeria)

    Treasurer tiff turns theatrical  Jun 13, 2008
    But a Duke University law professor who teaches civil procedure said there aren't really any rules that would prohibit such a settlement offer. "It is kind of a screwy trade- off," said Paul Carrington, the Duke professor, in an interview. (News & Observer)

    Judge wants input on 4-day work week for county offices  Jun 11, 2008
    And another sticking point, said Jones: Rule 77 in Rules of Civil Procedure. The Arkansas Supreme Court said, in essence, that county clerks shall be open all days except Saturday, Sunday and holidays. (Heber Springs Sun-Times, AR)

    Legendary gymnast Miller honored  Jun 10, 2008
    Miller: Civil procedure in my first year. The professor was great and a lot of fun but it was also terrifying. (SportsIllustrated.CNN -- More)

    Keeping Data Safe with Reldata  Jun 3, 2008
    E-discovery is a rapidly emerging market that requires that businesses of every ilk take responsibility for their electronic records and information, thanks to December 2006 changes to the Federal Rules of Civil Procedure (). Whereas in the past, legal disputes required that companies gather paper documents, the new procedures demand that organizations turn over electronic data or face stiff penalties. (EnterpriseStorageForum)

    2nd Circuit Holds Magistrates Lack Power to Remand  May 31, 2008
    The defendants contended that a remand order could not be considered a mere "pretrial matter" under or a "nondispositive matter" under the Federal Rules of Civil Procedure because such an order effectively terminates all proceedings in federal court, Straub said. Section 636(b)(1)(A) allows a district judge to designate a magistrate judge to hear "any pretrial matter" but contains a long list of exceptions, including summary judgment motions or motions to dismiss for failure to state a claim. (Law.com)

    The 50 Most Influential Minority Lawyers in America  May 31, 2008
    He received an LL.B. from Yale Law School, where since 1981 he has taught in areas including civil procedure, federal jurisdiction, constitutional law and international human rights. He was the founding director of Yale's Orville H. Schell Jr. Center for Human Rights. (Law.com)

    Four vie for judge post  May 24, 2008
    He has prosecuted a number of medical marijuana cases and teaches business and income tax law, asset forfeiture, civil procedure and constitutional ethics. Urie is endorsed by the county's Republican Central Committee. (Lodi News Sentinel, CA)

    Patent Defendant Turns the Tables With Rarely Used Strategy  May 21, 2008
    They've employed Rule 69 of the Federal Rules of Civil Procedure, which allows for discovery to help collect on a judgment. Two weeks ago, a magistrate judge ruled that E-Pass had to respond to several discovery requests, from identifying its assets, to disclosing its relationships to other corporate entities, to disclosing how it's paying its lawyers. (Law.com)

    Muslim group against Syariah High Court ruling  May 17, 2008
    Othman s May 8 decision had set a precedent in the country allowing a Muslim convert to renounce Islam, the first time since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. More News lect. (The Star Online, Malaysia -- News)

    Allen K. Easley Is Named Dean of the University of La Verne College of Law  May 15, 2008
    Specializing in civil procedure, conflict of laws and federal courts, Dean Easley comes to ULV College of Law from William Mitchell College of Law in St. Paul, Minn. where he was appointed dean in 2004. (PR Newswire)

    Legislative floor actions  May 9, 2008
    This will acknowledge the receipt of proposed amendments to the Ohio Rules of Civil Procedure, the Ohio Rules of Appellate Procedure and the Ohio Rules of Criminal Procedure from the Ohio Supreme Court on April 28, 2008. Information from: Gongwer News Service. (Cleveland.com -- News)

    Convert allowed to renounce Islam  May 9, 2008
    The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first of its kind in the country where a living Muslim convert is allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. My husband loved me very much and I converted to marry him so that I could follow him back to Iran. (The Star Online, Malaysia)

    Five Security Tips to Protect Your Small Biz Investment  May 8, 2008
    In a legal dispute, companies even small businesses must be able to produce every e-mail that pertains to the case, as outlined in the Federal Rules of Civil Procedure. An e-discovery solution makes archiving and rapid e-mail identification and retrieval possible. (SmallBusinessComputing)

    Court allows Muslim convert to return to Buddhism (updated)  May 8, 2008
    The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first case of its kind in the country whereby a living Muslim convert was allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. "From the evidence, it is clear that the plaintiff had not practised the teachings of Islam and had maintained her Buddhist faith. "Although this court... (The Star Online, Malaysia)

    Zahid: Accept Syariah Court's decision on convert  May 8, 2008
    The decision by Perlis Syariah Court chief judge Othman Ibrahim, who presided over the case when he was based in Penang earlier, makes this the first case of its kind in the country whereby a living Muslim convert was allowed to renounce Islam since the Syariah Court Civil Procedure (State of Penang) Enactment 2004 came into force on Jan 1, 2006. He granted Siti Fatimah a declaration that she was no longer a Muslim, and ordered the defendant, the state Islamic Religious Council (MAIPP), to... (The Star Online, Malaysia -- News)

    Lawyer Hopes F-Word Means 'Forgiven,' Asks Court to Lift Sanctions  May 7, 2008
    "The nature of Wider's misconduct was so severe and pervasive, and his violations of the Federal Rules of Civil Procedure so frequent and blatant, that any reasonable attorney representing Wider would have intervened in an effort to curb Wider's misconduct," Robreno wrote. Robreno levied sanctions of $29,322. (Law.com)

    You Be The Judge  May 4, 2008
    I couldn't see myself saying back in my law school days, "Gosh, the way that 28 year-old outlined those cases before attending Civil Procedure really showed judgment. Presidential judgment!". When talking about politics and candidates, the term "judgment" doesn't seem to have a proper place. (CBS News)

    Benton County appeals lawsuit ruling  May 2, 2008
    According to the motion, the court erred when it refused to allow Benton County (the county commission) to intervene in the officials lawsuit and that according to the Tennessee Rules of Civil Procedure intervention is a matter of right. During the course of requesting permission to appeal, the county will have to show that an application to intervene was filed in a timely manner, that the county has substantial legal interest in the subject matter of the pending litigation, that the county s... (Camden Chronicle, TN)

    Court Throws Out Restraining Order Against SEIU  Apr 23, 2008
    "We just want the CNA's leaders to explain what they did in Ohio and stop their union-busting." On Monday, SEIU filed a motion against the CNA under California's Code of Civil Procedure Sec. 425. 16, a statute intended to prevent organizations from using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to suppress free speech from critics or opponents. (PR Newswire)

    SEIU Seeks Damages for CNA's Effort to Silence Workers, Suppress Criticism of Anti-Union Tactics  Apr 22, 2008
    "Their latest trick was the cynical use of important laws intended to protect people from real abuse and harassment -- most often women -- and it simply went too far." The motion against the CNA was filed today under California's Code of Civil Procedure Section 425. 16, a statute intended to prevent organizations from using a Strategic Lawsuit to Prevent Public Participation or "SLAPP" suit to suppress free speech from critics or opponents. (PR Newswire)

    Sennett may take its own ZBA to court  Apr 18, 2008
    He said the town would have to look at the decisions the ZBA made and decide specific points to appeal based on whether facts were distorted or the law was somehow misinterpreted, then file an Article 78 in court to sue a government actor under civil procedure. If the town chooses to have Blair y represent them, there would be no additional expense to taxpayers because of a cap on their expenses covered by insurance. (Auburn Citizen, NY)

    School board hopefuls share views, concerns  Apr 18, 2008
    Education: Sheridan High School, Sheridan, MT, 1981; Montana State University, Bozeman: Bachelor of Arts, political science with public administration option, 1981-1986; Montana Judicial Institute, 1999; University of Montana, School of Law, Missoula, graduate course focusing on criminal law, civil procedure and constitutional law. Current job: Program specialist, Montana Department of Justice, Office of Consumer Protection and Victim Services. (Helena Independent Record, MT)

    SEIU to File Motion to Dismiss CNA Restraining Order  Apr 18, 2008
    The temporary restraining order -- filed Wednesday afternoon by the CNA without providing notice to either SEIU or SEIU President Andy Stern -- was issued under the California Code of Civil Procedure 527. 8 intended for "Employees subject to violence or threats of violence at the workplace." "Under no circumstances have SEIU members or staff harassed CNA members or leadership," said Andy Stern in response to the temporary restraining order. (PR Newswire)

    Sennett resolves to appeal zoning board decision  Apr 17, 2008
    He said the town would have to look at the decisions the ZBA made and decide which specific points to appeal based on whether facts were distorted or the law was somehow misinterpreted, then file an Article 78 in county court to sue a government actor under civil procedure. If the town chooses to have Blair y represent them, there would be no additional expense to taxpayers because of a cap on their expenses covered by insurance. (Auburn Citizen, NY)

    State court taps Kane for judicial committee  Apr 14, 2008
    They also recommend to the Supreme Court possible new rules and amendments regarding existing civil procedure. Kane is in his 22nd year as district judge. (The Citizen's Voice, PA)

    Saturday weekend court sittings in full session - Iddrisu  Apr 10, 2008
    The Acting Judicial Secretary said the operation of the weekend Courts was being done under Order 79 of the High Court (Civil Procedure) Rules, 2004 (C.I.47) which allowed any day, including vacations to be appointed for the hearing of cases or matters as circumstances required, and Section 31 of the Courts and Ordinance (CAP 4), which allowed any day to be appointed for sittings at the Lower Courts. Source:GNA. (Ghana Web, Ghana)

    Deutsche Telekom in Court to Face Investor Lawsuit Over 2000 Share Sale  Apr 7, 2008
    This case is the litmus test for the law on shareholder model proceedings,'' Christian Wolf, professor of civil procedure at Hanover University and an author of a commentary to the 2005 law, said in an interview. Germany tried to catch up with the international trend to establish new forms of mass litigation. (Bloomberg -- Germany)

    2nd Circuit Decertifies Light Cigarette Class  Apr 4, 2008
    That act states that Federal Rules of Civil Procedure, such as those governing class certification under Rule 23, cannot be used to "abridge, enlarge, modify any substantive right.". "Roughly estimating the gross damages to the class as a whole and only subsequently allowing for the processing of individual claims would inevitably alter defendants' substantive right to pay damages reflective of their actual liability," Walker said. (Law.com)

    HP Makes E-Discovery Play  Apr 2, 2008
    Tower's electronic records management capabilities will be added to HP's existing e-discovery and compliance offerings to meet information collection, retention, management and identification requirements created by the likes of the Federal Rules of Civil Procedure (), and the Data Protection and Freedom of Information acts. The two companies are already partners. (EnterpriseStorageForum)

    Web at work: Not YourSpace  Mar 28, 2008
    At the end of 2006, Flynn said, the federal court system amended rules of federal civil procedure so that all electronically stored information is subject to discovery in litigation. "If a company is the target of a lawsuit by an employee, all electronic records stored by the company, including what Web sites employees have visited, "can be subpoenaed and used as evidence to support or damage the company's case," she said.The federal rule really made clear to all employers that all online... (MSNBC -- Crime)

    Judge Dismisses LAPD Officer's Suit Against City On Technicality  Mar 26, 2008
    Los Angeles Superior Court Judge Aurelio Munoz found that declarations submitted by Corina Smith's lawyer, Joseph Y. Avrahamy, in opposition to the city's dismissal motion did not state where they were signed in violation of the state's Code of Civil Procedure. Former LAPD Chief Bernard Parks, now a city councilman seeking election to the county Board of Supervisors, was among those who provided a declaration, or written statement to the court given under penalty of perjury. (NBC4.tv, CA)

    11th Circuit Demands Sanctions in Libel Suit  Mar 25, 2008
    Enney's lawyer, Cynthia L. Counts of Atlanta, said her win is important because it may encourage others to pursue attorney fees on appeal with the knowledge that the 11th Circuit will enforce Rule 11 of the Federal Rules of Civil Procedure. That rule allows district courts to award sanctions when a party files a pleading that has no reasonable factual or legal basis or is filed in bad faith for an improper purpose. (Law.com)

    For mental health  Mar 19, 2008
    But only two, Nevada County and Los Angeles, have begun to implement Laura's Law, which allows counties to establish a civil procedure to treat the severely mentally ill before they offend or reoffend. Until recently, civil commitment of a mentally ill persons for treatment required that they be a danger to himself or others. (San Diego Union-Tribune -- Opinion)

    Patent Attorneys Sue Cisco and Blogging In-House Lawyer for Defamation  Mar 15, 2008
    Ward initially filed a petition to conduct a deposition under Texas Rule of Civil Procedure 202, which says a party may conduct depositions prior to filing suit. In January, 188th District Judge David Brabham granted a motion allowing Ward to take a deposition of an individual at Patton says he hoped the Google deposition would reveal who was writing the Patent Troll Tracker blog. (Law.com)

    Lawyers, Storage Vendors and Money  Mar 15, 2008
    thanks to the Federal Rules of Civil Procedure (), is one of the biggest drivers of e-mail archiving ... Meanwhile, the march of e-mail archiving and e-discovery has been boosted by changes in the Federal Rules of Civil Procedure. (EnterpriseStorageForum)

    Turf trouble was end of the line for Gordon  Mar 9, 2008
    Ms. Johnson said that under the Federal Rules of Civil Procedure, she had 20 days from the date the lawsuit was served, plus three days for mailing. She's wrong, according to Mr. Mullins and at least three other Augusta lawyers. (The Augusta Chronicle)

    Tardiness could cost city  Mar 8, 2008
    "Based on the Federal Rules of Civil Procedure, you don't count the first day, the day the suit is filed." Ms. Johnson said, adding she had 20 days plus three more under the rules. Mr. Mullins, however, said the city's attorney is wrong. (The Augusta Chronicle)

    Lawyer and Client Sanctioned Over Client's Conduct, Use of 'F Word' During Deposition  Mar 5, 2008
    "The nature of Wider's misconduct was so severe and pervasive, and his violations of the Federal Rules of Civil Procedure so frequent and blatant, that any reasonable attorney representing Wider would have intervened in an effort to curb Wider's misconduct," Robreno wrote ... Robreno disagreed, saying the Federal Rules of Civil Procedure require a deponent to answer all questions -- even questions for which there is an objection -- unless the witness's lawyer explicitly instructs him not to... (Law.com)

    ITChannelPlanet.com Article: Emerging E-Discovery Market Grows More Vital for VARs  Feb 29, 2008
    It capitalizes on the growing need for corporations to comply with the Federal Rules of Civil Procedure ... Growth in the market is being fueled by the need for corporations to comply with recent amendments to the Federal Rules of Civil Procedure (FRCP) covering the discovery of digital information. (eSecurityPlanet)

    E-Discovery Ensures Evidence Can't Hide  Feb 21, 2008
    His business got a boost in 2006 when the courts and Congress amended the Federal Rules of Civil Procedure addressing electronically stored information. That caused offices everywhere to revise policies about how, and how long, workers should retain data. (Investors Business Daily)

    One open-records bill fails, another passes  Feb 21, 2008
    However, the House State Affairs Committee unanimously approved another bill that sets up a civil procedure to appeal decisions of government officials to withhold records ... The House State Affairs Committee did, however, pass SB186, which establishes a quick, inexpensive civil procedure for appealing the decision of a government official to withhold a government record. (Rapid City Journal, SD)

    Privacy Networks Offers Free Customized Retention Policy Starter Kit  Feb 20, 2008
    Accelerating the need for email archiving are the recent changes to the Federal Rules of Civil Procedure (FRCPs) as well as the expanding State and local regulations regarding open records. All organizations are now impacted if they cannot retrieve the content housed within email and electronic communication in a rapid and simple manner. (Yahoo News -- Press Releases)

    Fonality Partners with Dell for Turnkey VoIP  Feb 5, 2008
    Learn how StoreVault products, with their reliable, fast, and deep archive capabilities, are uniquely suited to help your company comply with the Federal Rules for Civil Procedure. Hot Topics. (SmallBusinessComputing)

    Judges must exhibit high sense of integrity-CJ  Jan 30, 2008
    Besides, the Judicial Training Institute, organised a training course for the magistrates in selected core subjects including juvenile justice, civil procedure practice, judicial ethics as well as having fruitful interactions with distinguish judges, lawyers in private practice and academia to deepen their understanding of what was expected of them. 29 Jan 08. (Ghana Web, Ghana)

    'Ghostwriting' Lawyers Can Remain Cloaked, but Not for Tactical Advantage  Jan 29, 2008
    Bongiovanni also found that undisclosed ghostwriting violates the spirit, if not the letter, of Federal Rule of Civil Procedure 11 and Local Civil Rule 11 ... The committee declined to address the possible applicability of Federal Rule of Civil Procedure 11 suggested by Bongiovanni, saying it has no jurisdiction over questions of federal civil procedure. (Law.com)

    Autonomy Corporation Plc Announces Results for the Fourth Quarter and Twelve Months Ended December 31, 2007  Jan 29, 2008
    7 million), up 123% - Average selling price for meaning-based technologies at $390,000 (Q3 2007: $375,000) - Operating margin (adjusted) at record levels of 36% Commenting on the results, Dr. Mike Lynch, Group CEO of Autonomy said today: "2007 was another amazing year for Autonomy by every measure, driven by our strong organic growth and the ZANTAZ acquisition. Top line revenues, operating profits, bottom line profit before tax and EPS are all up significantly, ahead of analyst consensus... (PR Newswire)

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