Image credit: https://en.wikipedia.org/wiki/Jack-o’-lantern#/media/File:RIP_Pumpkin.JPGPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.Court Rules Qui Tam Lawsuits are UnconstitutionalA law called the False Claims Act allows people to sue companies that are stealing money from the government.
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Bad News
It is rare that everything works out for a client the way they wanted. Since litigation is unpredictable, setbacks and disappointment is practically inevitable. And so part of a litigator’s job is to manage a client’s expectations and to deliver bad news. Doing that requires some interpersonal human intelligence that they don’t teach in…
More Thoughts on Document Discovery Basics
Many people are surprised to discover that litigants in American litigation are entitled to demand all of the relevant texts, emails, and documents anyone else possesses. Sophisticated litigants regularly keep this information ready for production in a litigation. But many other people (and a surprising number of lawyers) are surprised by the extent of the…
Litigation in Luxembourg
Luxembourg is a thriving commercial center and home to some wealthy people. No one complains about growing up in a rough part of Luxembourg. Or maybe they do, but they complain in the Luxembourgish language, and no one can understand them. And since there is so much about the country – and its system for…
Comments on Recent Cases: September 2024
Image credit: https://en.wikipedia.org/wiki/Barbecue_grill#/media/File:Grilling.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.Court Upholds Law Limiting the Use of Drones Against First Amendment Challenge by JournalistsI wrote a cover story in the most recent issue of Litigation…
More Thoughts on E-Filing
When I first thought about starting this blog, the post idea that excited me was writing about electronic filing. It’s the kind of subject that is an important part of the actual job of litigation, but not one that law school or highbrow commentators or even television shows discuss.The original post is below, but in…
Key Differences Between California State Courts and Federal Courts in Litigation
Unlike many posts on this blog, which are written by Will Newman, this post is by David Shoop, an attorney in Beverly Hills. David Shoop is a nationally recognized lawyer and founder of Shoop | A Professional Law Corporation. I have heard that his firm is one of California’s most successful plaintiffs’ firms.…
Recovering Fees and Costs
As I say a lot in person and on this blog, litigation is expensive. And so a question that many litigants ask is whether they can get their adversaries to reimburse them for the costs of litigation. And the answer is sometimes “no” and other times “kind of.” Whether this is a possibility depends…
Personal Injury Litigation
On the one hand, personal injury litigation is very similar to any kind of lawsuit: a plaintiff files a complaint, a defendant responds, there’s discovery, and possibly a trial. But the subject matter, business model, and technical rules involved in personal injury disputes make them unique. Since I don’t focus my practice on litigating on…
Comments on Recent Cases: August 2024
Image credit: https://en.wikipedia.org/wiki/2024_Summer_Olympics#/media/File:Dancesport_at_the_2018_Summer_Youth_Olympics_–_Mixed_Team_–_Quarterfinal_4_62.jpgPart of my work involves reading court decisions to keep abreast of how judges decide the types of cases I handle. Below, I share some thoughts on recent decisions.Court Permits Plaintiff to Assert Both an Emotional Distress Claim and a Negligence ClaimMany lawsuits arise from allegations that the defendant did something terrible. And,…