civil procedure

Welcome to the 'civil procedure' tag page at Technorati. This page features content from the farthest reaches of the Blogosphere that authors have "tagged" with 'civil procedure'.

Latest blogosphere posts tagged “civil procedure”

• Is Ricci a Significant Procedural Case?

  
  Concurring Opinions — Authority: 594
  Much of the buzz about Ricci v. DeStefano before it was decided was that it raised an important equal protection question of the validity of Title VII’s disparate impact definition of discrimination because it requires employers to know and act on the racial consequences of its use of  employment practices, such ...
  17 hours ago

• BC Supreme Court Confrims Strict Adherence Necessary to Trigger Rule 37B

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released this week by the BC Supreme Court confirming that strict adherence to the requirements of Rule 37B are necessary for a pre-trial settlement offer to trigger costs consequences. In this week’s case ( Wormell v. Hagen ) the Third Party to the lawsuit made a pre trial offer stating ...
  1 day ago

• Capture website to TXT by DaveInPhx

  
  Pro Freelance Projects — Authority: 179
  I want to capture a website to TXT format. To get to the website, start here: http://government.westlaw.com/linkedslice/default.asp?SP=AZR-1000 And click on the first link, "Rules of Civil Procedure for the Superior Courts of Arizona"… (Budget: $30-250, Jobs: Data Entry, Web Search)Go to SourcePost similar project
  2 days ago

• Scope of Neuropsychological Evidence in BC Brain Injury Cases Discussed

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were published today on the BC Supreme Court website dealing with the scope of permissible neuropsychological opinion evidence in BC Brain Injury Cases. When ICBC or other BC brain injury cases go to trial a neuropsychologist is a common type of expert witness called by both Plaintiff and ...
  3 days ago

• Now Comes the Judge: Sidley Partner Hit for Sarcasm and Missing Mantra

  
  ABA Journal Top Stories — Authority: 678
  Warning to Chicago lawyers: Judge Diane Gordon Cannon of the Cook County Circuit Court does not like sarcasm in your briefs. And if you represent the petitioner, your brief should begin with the mantra, "now comes petitioner.” Sidley Austin partner Richard OBrien and associate Linda Friedlieb learned that lesson the ...
  4 days ago

• Taitz files Motion for Reconsideration in Barnett vs. Obama

  
  Count Us Out — Authority: 151
  SHOOTS DOWN ARGUMENTS OF RULING, POINT BY POINTby John Charlton(Nov. 9, 2009) — This afternoon Dr. Orly Taitz, esq. filed a Motion for Reconsideration in Barnett vs. Obama, the case in Federal Court, Santa Ana, California, which garnered national attention 2 weeks ago, for Judge David O. Carter’s outrageous ruling ...
  6 days ago

• Class Action Lawsuit

  
  LEGAL & FINANCIAL UPDATES FROM TAX GURU — Authority: 446
  Class Action lawsuits have recently made to the front page news, more particularly in western countries. The reason being the sudden fall (bankruptcy) of financial industry giants like Freddie Mac, Wachovia, AIG to name a few and the consequent... [[ This is a content summary only. Visit my website for full links, ...
  6 days ago

• Jenzabar: Blogs are sticks and stones; they hurt me.

  
  LIKELIHOOD OF CONFUSION — Authority: 137
  Jenzabar, the educational software company Paul Levy and I mentioned last month (and which Overlawyered picked up) in connection with its “trademark as censorship tool” litigation, is back at it again — and not a little clumsily, for all its cleverness.  As Paul reports, the company’s lawyers arenow claiming ...
  1 week ago

• BC Supreme Court Confirms Mandatory Nature of Rule 68

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Further to my previous posts on this topic reasons for judgement were released today by the BC Supreme Court, Vancouver Registry discussing the mandatory nature of Rule 68, Although previous cases have addressed this point, today’s case is important because it is the first such case that I am aware of from a BC ...
  1 week ago

• Purpose of Rule 37B in Injury Litigation Discussed

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Precedents with respect to costs consequences under Rule 37B are still developing as this rule is slowly being molded into place.  The one clear pattern under Rule 37B is that of varying results which is a welcome relief from the strict and sometimes harsh costs results that flowed to litigants who could not beat a ...
  1 week ago

• The Employer’s Strategy in Gross v. FBL Financials

  
  Concurring Opinions — Authority: 594
  Last Term in Gross v. FBL Financials, a 5-4 decision written by Justice Thomas, the Court decided that a plaintiff bringing a claim of individual disparate treatment age discrimination — an ADEA action — must prove, by a preponderance of evidence, that age was the “but-for” cause of defendant’s treatment ...
  1 week ago

• Joining 2 Separate ICBC Claims for Trial at the Same Time

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  If you are involved in 2 separate car accidents and start 2 separate Injury Claims in the BC Supreme Court is it possible to have the trials heard at the same time? The answer is yes and such applications are governed by BC Supreme Court Rule 5(8) which states that “ proceedings may be consolidated at any time by ...
  1 week ago

• More on ICBC Injury Claims and Pre Trial Discovery - XFD’s and Requests for Particulars

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released today by the BC Supreme Court, New Westminster Registry dealing with 2 types of pre-trial discovery procedures utilized in the Supreme Court, the scope of examination for discovery questions and requests for particulars. In today’s case ( Gulamani v. Chandra ) the Plaintiff ...
  1 week ago

• Yesterdays SCOTUS Argument in Shady Grove Orthopedic Assocs. v. Allstate Ins. Co.

  
  Civil Procedure & Federal Courts Blog — Authority: 431
  As previewed earlier here, Shady Grove Orthopedic Assocs. v. Allstate Ins. Co. considers whether New Yorks bar on class actions for certain statutory-damages claims (N.Y. C.P.L.R. 901(b)) precludes class certification in a federal court diversity action. Among the relevant issues...
  1 week ago

• Another Rule 37B Case - Plaintiff Awarded Trial Costs Despite not Beating Defence Offer

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released today dealing with costs consequences under Rule 37B. Although Rule 37B has some flexibility to its outcomes, normally when a Plaintiff fails to beat a defence formal settlement offer after trial the Plaintiff is deprived of his/her costs and the Defendant is awarded theirs. ...
  1 week ago

• $95,000 Non-Pecuniary Damages for Chronic Pain From 2 MVA’s

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released yesterday dealing with an appropriate award of damages for soft tissue injuries and chronic pain lasting for over 6 years. In yesterday’s case ( Gosal v. Singh ) the Plaintiff was involved in 2 BC Car Crashes.  The first in 2003, the second in 2005. The first crash was a rear ...
  2 weeks ago

• ICBC Injury Claims and Your Privacy: The Implied Undertaking of Confidentiality

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  When you sue for damages in the BC Supreme Court in an ICBC Injury Claim you are subject to the rules of disclosure.  These rules require you to give verbal, documentary and in some cases (independent medical exams) physical discovery. When ICBC gets access to this private information in the lawsuit process it is ...
  2 weeks ago

• Metadata as Record

  
  Slaw — Authority: 600
  Tip of the hat to my friend and partner Stan Freedman , the Supreme Court of Arizona en banc this week held that if a public entity maintains a public record in an electronic format, then the electronic version, including any embedded metadata, is subject to disclosure under our public records laws. The case ...
  2 weeks ago

• BC Supreme Court Addresses Scope of Expert Witness Cross Examination

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released today addressing the permissible scope of Cross Examination of an expert witness in a BC Injury Claim. In today’s case ( MacEachern v. Rennie ) the Defendants called a physician to give expert opinion evidence.  This physician happened to be a treating doctor of the ...
  2 weeks ago

• ICBC Injury Claims and Effective Cross Examination

  
  ICBC Personal Injury Claims Lawyer Erik Magraken | Victoria & Vancouver Island BC — Authority: 126
  Reasons for judgement were released today showing how an effective cross examination of a Defendant can make all the difference in the prosecution of an ICBC Injury Claim. In today’s case ( Mclaren v. Rice ) the Plaintiff was involved in a single vehicle accident in February, 2005.  The Plaintiff was a passenger. ...
  2 weeks ago

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