Senator John Cornyn (R-TX) made a speech recently wherein he wondered about a possible connection between violence in courtrooms and activist judges. You really have to wonder about the intellect (or, at least, the intellectual honesty) of a person who would make such remarks. The suggestion that a criminal court…
Are you thinking you got the wrong blog? Bankruptcy law? What does John Day know about bankruptcy law? The answer is “absolutely nothing.” Well, that is not quite true; I know enough about bankruptcy law to know when to call a bankruptcy lawyer. But this opinion caught my eye. In…
I wrote yesterday about the bad day the lawyers at Kirkland & Ellis and the folks at Morgan Stanley were having. Well, it got worse. Matthew McCarrick, the blogger who has the excellent blog I cited yesterday, was kind enough to let me know of a recent development in the…
Here is a recent law review article that summarizes the state of the law of sanctions in cases involving electronic discovery. The article, entitled “Electronic Discovery Sanctions in the Twenty-First Century,” is authored by a federal court judge and a law clerk.
The lawyers at Kirkland & Ellis, a major law firm with its home office in Chicago, had a real bad day recently after its client got hammered with sanctions. Financier Ron Perelman has sued Morgan Stanley for fraud, alleging that it helped appliance maker Sunbeam Corp. conceal accounting woes tht…
Those of you who do any products liability, medical negligence, or commerical litigation know that e-discovery is a hot topic. More and more discoverable data never makes its way to a piece of paper, so a RFP seeking only paper documents will not get you what you hoped to get…
The Insurance Commissioner from the State of Washington has issued a report that examines whether or not there is a medical malpractice insurance crisis in the state. Rather than relying on simple statements from doctors and their insurers the Insurance Commissioner did a closed claim study covering about 90% of…
Sorry for the lack of a post yesterday; I am at a conference in Florida and the day was a little hectic. I didn’t write the Trial Lawyer’s Prayer, but I wish I had. Read more of Evan Schaeffer’s stuff by clicking here. Trial Lawyer’s Prayer, by Evan Schaeffer Dear…
The ABA is hosting a 90-minute teleconference and live audio webcast on how to unearth fact information on the Internet. Carole Levitt and Mark Rosch, authors of the ABA’s The Lawyer’s Guide to Fact Finding on the Internet will be the speakers. They will address issues like locating public records,…
Many of us have attempted to use police officers as expert witnesses at trial. We have also had them used against us. The Delaware Supreme Court has recently ruled that it was reversible error for a trial judge to permit a police officer to testify to the “primary contributing cause”…