Constructive Fraud/Fiduciary Duty: Ray's claim for constructive fraud depended on Kingsdown owing her a fiduciary duty, because the existence of a fiduciary relationship is an element of a constructive fraud claim. Ray's counsel argued that since Ray was an officer of Kingsdown, and thus owed the corporation a fiduciary duty, that the corporation therefore owed her a reciprocal fiduciary duty. Judge Bledsoe rejected this argument in a footnote, stating that this was "simply not the law." Op. ¶42 & n.9. … [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
Under Federal Rule of Civil Procedure 26(a)(1)(A)(iv), a defendant must disclose, relatively early in a case, “any insurance agreement under which an insurance business may be liable to satisfy all or part of a possible judgment in the action or to indemnify or reimburse for payments made to satisfy the judgment.” In this case, the umbrella policy was only disclosed after mediation and after discovery closed. The Court concluded that this was a violation of Rule 26, as “Defendant was legally obligated to disclose both [insurance] policies in its Initial Disclosures, and its failure to do so violated its obligations under the Federal Rules of Civil Procedure and the Court’s Pretrial Order.” … [Read more...] about Sanctions for Failing to Investigate Insurance under Federal Rule 26
In its decision, the Eighth Circuit acknowledged that in interpreting Rule 8’s pleading standard, courts must not “ignore the significant costs of discovery in complex litigation and the attendant waste and expense that can be inflicted upon innocent parties by meritless claims.” However, the court further emphasized that in applying Rule 8, courts must be “attendant to ERISA’s remedial purpose and evident intent to prevent through private civil litigation ‘misuse and mismanagement of plan assets.’" Moreover, the court recognized that ERISA plaintiffs often (and perhaps most of the time) lack important information necessary to plead their claims in detail. Accordingly, the court essentially held that the intent behind ERISA requires courts to interpret Rule 8 loosely for ERISA plaintiffs: … [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
The production or disclosure of an attorney-client privileged, attorney work product, or other protected document or information medium (Protected Material) shall not be deemed a waiver of the privilege, work product, or other protection or immunity from discovery by the producing party in this or any subsequent state or federal proceeding pursuant to Federal Rule of Evidence 502 regardless of the circumstances of disclosure. If any party becomes aware of the production or disclosure of Protected Material by any other party, that party shall provide written notice of such production or disclosure within [insert procedures for the timing of notification and response, and for the resolution of disputes concerning the agreement.] … [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.