Rule 11(c)(2) Term Rule 15(a) Definition Amendment before trial should be freely given when justice requires Without Leave (once, within 21 days) With Leave of the Court (factors test) Term Rule 15 (b) Definition Amendment during or after trial Term Rule 15(c)(1)(A) Definition Rela...
Federal Rules of Civil Procedure (FRCP) that went effect on December 1, 2015 on the litigation process and cost of litigation. It particularly cites Rule 37(e) that addresses spoliation of evidences ...
The Contours of a New FRCP, Rule 68.1: A Proposed Two-Way Offer of Settlement Provision for Federal Fee-Shifting CasesFRCP Rule 68Our research began with interviews of experienced attorneys who prosecute and defend civil rights and employment discrimination cases. We set out to determine...
Lessons in Eliminating Statutory Vagueness: Rule 11 of the FRCP as a Model for Removing the Good Faith Fulcrum from Section 707(a) of the Bankruptcy CodeNDNY 1996)). See In re Padilla, 222 F.3d at 1192; Kluge v. Huckfeldt (In re Huckfeldt), 39 F.3d829, 832 (8th Cir. 1994); ...
Avoiding the Hammer: Defensible Strategies for FRCP Proposed Rule 37(e)Following these four principles for developing and implementing a preservation program for...Aversano, Katherine
developing and implementing a preservation program for electronically stored information will help your organization be prepared for e-discovery and avoid adverse inferences, default judgments, and whatever other steps a court may take to restore "evidentiary balance" under the FRCP proposed rule 37(e)...