Paragraphs; separate statement. - All averments of claim or defense shall be made in numbered paragraphs, the contents of each of which be limited as far as practicable to a statement of a single set of circumstances; and a paragraph may be referred to by number in all succeeding pleadings. Each claim founded upon a separate transaction or occurrence and each defense other than denials shall be stated in a separate count or defense whenever a separation facilitates the clear presentation of the matters set forth. … [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
Finally, no discussion of defense counsel’s potential insurance obligations is complete without reference to Shaya B. Pacific, LLC v. Wilson, Elser, Moskowitz, Edelman & Dicker, 827 N.Y.S.2d, 231 (N.Y. Sup. App. Div. 2006). In that New York case, the court held that an attorney could be liable for negligence/malpractice for failing to investigate his client’s insurance coverage for a claim or failing to notify the insurer of a claim. However, the determination of negligence would also turn on “the scope of the agreed representation.” Clarifying the scope of representation - by excluding any obligation to consult on insurance coverage - is thus important to attorneys who do not feel comfortable opining on insurance matters. … [Read more...] about Sanctions for Failing to Investigate Insurance under Federal Rule 26
Braden, federal courts have unanimously upheld the Eighth Circuit’s holding, thereby preserving the intent behind ERISA and giving employee benefit plan participants the means to enforce ERISA’s fiduciary duties. See e.g., Jones v. MEMC Electronic Material, Inc., 2010 WL 1038536, at *3-5 (E.D. Mo. March 17, 2010) (denying the defendants’ motion to dismiss and noting that “ERISA plaintiffs generally lack the inside information necessary to make out their claims in detail). … [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.