ABA Section of Litigation: Litigation Update: September 2008

HOT TOPICS

 
Congress Passes Legislation Creating New Evidence Rule

Proposed rule backed by the Section aims to promote consistent treatment of privilege waivers and reduce discovery costs.


DOJ Amnesty Agreements Could Be Subject To Public Disclosure

Amnesty agreements made by the Antitrust Division may be subject to disclosure under FOIA.


Court Orders Daubert Hearing as Part of Class Certification Analysis

Trend toward ordering full evidentiary hearings in the class certification stage emerges across the country.



TIPS FROM THE TRENCHES

 
Steps to an Effective Settlement Conference: Before You Come to the Table

With 95 percent of civil cases ending in settlement, parties should consider how to maximize their efforts in judicial settlement conferences.



SECOND CHAIR

 
Leveraging Your Jurors’ Self-Interest

Even when they try to be impartial, jurors cannot divorce their values and interests from the outcome of your case.



SIDEBAR

 
How Do I Ask for Letters of Recommendation?

I would like to ask for letters of recommendation, but I'm not sure of the proper etiquette.



PODCAST

 
Evidence and Ethics

Surprises can add spice to your life and practice. But rarely will a surprise be welcome when you are in trial.



LESSONS LEARNED

Technology Motion Killed the Video Star
With the increasing popularity of video depositions, I spent over $1500 on video deposition testimony of two star witnesses for a presentation in support of a motion for summary judgment. I showed up early to the hearing to set up, only to have the judicial assistant say “we require a motion to set up any technology in our courtroom.” Greatly disappointed and embarrassed in front of my client, I lost the hearing. Lesson Learned: If you plan to use technology in support of pretrial motions, be sure to request permission in advance.


MORE FEATURES

 
Amendments to Rule 26(a)(2) to Expand Expert Disclosures, Clarify Work-Product Protections

Proposed amendments to Federal Rule of Civil Procedure 26 are now open for public comment.


Prior-Bad-Acts Jurisprudence: Doing Away with the Farce

The presumption of innocence suffers when certain prior acts are admitted as evidence.

» Read more from the Trial Evidence Committee.





CALENDAR

 

BOOKSTORE

Law Makers, Law Breakers, and Uncommon Trials

Attacking Adverse Experts

Trial lawyer and professor Stephen D. Easton provides a full review of well-established tactics for expert cases and offers innovative techniques to increase your effectiveness. Provocative and insightful, Attacking Adverse Experts will help you find and expose every weakness in the work of an adverse expert.

 

EDITORIAL BOARD

Editor-in-Chief
Send an emailMichael D. Yablonski

Associate Editors
Send an emailHon. Michael B. Hyman
Send an emailThomas A. Marrinson
Send an emailEffie D. Silva
Send an emailRichard T. Victoria
Send an emailRobin Page West
Send an emailDaniel S. Wittenberg

We welcome your comments

ABA SECTION OF LITIGATION

Managing Editor
Send an emailKevin Bailey
 
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ABA Section of Litigation