But the counterclaim that was the subject of the Business Court's ruling in Kingsdown, Inc. v. Hinshaw, 2015 NCBC 28 was anything but compliant with the Rules of Civil Procedure. Numbered paragraphs 2 and 3 were interrupted by several pages of single spaced, rambling prose, which alluded to everything between Ray being asked by her employer during her employment to pick up lunches for salesmen, and not being allowed, after her termination, to transfer her old company phone number to her new cellphone or to have access to family photos on her company computer. … [Read more...] about North Carolina Business Court On A Barely Ever Referenced Rule Of Civil Procedure And A Host Of Employment-Related Claims
Federal rules of civil procedures
By only disclosing the first $1 million in coverage under the CGL policy – presumably the policy which the attorney was retained under – the attorney neglected to investigate the full range of available insurance and to disclose the $10 million umbrella. The attorney submitted an affidavit stating that, in responding to Rule 26, the Risk Manager for the defendant was asked to provide all applicable insurance policies. However, the Court ruled that this was not enough. It noted that the attorney's affidavit in opposition to sanctions did not state that the attorney "independently verified the completeness of the information provided" or that "additional steps [were taken] to ensure that the information" provided in the Initial Disclosures was complete "or that a reasonably inquiry was made prior to providing the Initial Disclosures." The Court goes on to state that the attorney should have been able to "represent to the Court that she undertook [an] independent inquiry to … [Read more...] about Sanctions for Failing to Investigate Insurance under Federal Rule 26
On November 25, 2009, the Eighth Circuit Court of Appeals issued an important decision in Braden v. Wal-Mart Stores, Inc. aimed at preserving employee benefit plan participants’ right to bring suit against ERISA plan fiduciaries despite participants’ limited access to inside information about their plan. In Braden, the plaintiffs brought suit alleging that Wal-Mart’s 401(k) plan paid excessive management fees and that the trustee of the plan breached certain fiduciary duties. Wal-Mart and the other defendants moved for dismissal under Rules 12(b)(1) and 12(b)(6) of the Federal Rules of Civil Procedure—lack of subject matter jurisdiction and failure to state a claim respectively. The District Court for the Western District of Missouri granted the defendants’ motion to dismiss, holding in part that the plaintiff’s complaint was inadequate under Rule 8 of the Federal Rules of Civil Procedure because it did not allege sufficient facts to show how the … [Read more...] about Federal Courts Adopt a Liberal Pleading Standard for Erisa Plaintiffs Under Federal Rule of Civil Procedure 8
These amendments were largely based on the 2006 amendments to the Federal Rules of Civil Procedure. However, the Rules Committee “overwhelmingly rejected” the federal “meet and confer” process, under which parties must discuss the preservation and production of ESI, due to the potential for delay in routine matters and the likelihood that many cases would not require production of ESI. Highlights of the amendments are below. … [Read more...] about eDiscovery Alert: New Amendments to the Florida Rules of Civil Procedure
Great-West is a good example of how FRE 502(d) orders can protect against the possible adverse effects of the disclosure of privileged information, even when the party to whom it was disclosed later seeks to get out of the agreement. In Great-West, the party who received the privileged documents brought a motion asserting that the production effected a waiver of privilege. In its argument it sought to convince the court to interpret the FRE 502(d) agreement as a general non-waiver provision written to express the parties’ intent not to subject themselves to strict waiver. Id at 30. In other words, the receiving party argued that the waiver agreement simply incorporated the protection of FRE 502(b), and so the court should undertake a reasonableness determination. Id. The disclosing party argued that if that was the intent, no agreement was needed because FRE 502(b) applies to all federal cases. Therefore, it argued, the … [Read more...] about Protect Your Privilege With Federal Rule of Evidence (FRE) 502(d): Lessons From Great-West Life & Annuity Ins. Co. v. Am. Econ. Ins. Co.