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LCJ's May Membership Meeting - New Officers Elected
May. 12,2014

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WSJ - Trial Lawyers Put Whirlpool Through the Wringer
Jan. 02,2014

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Legal Hold Pro - Two More Adverse Inference Cases
Dec. 13,2013

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Class-Action Dodge
Nov. 12,2013
In Mississippi ex rel. Jim Hood, Attorney General vs. AU Optronics Corp, the Supreme Court can rein in an abuse by state attorneys general.
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Former LCJ President Steve Morrison Passes Away
Oct. 29,2013

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AG Announces Law to Limit Use of Contingency Fees in State Litigation
May. 21,2013
Alabama Attorney General Luther Strange, who recently joined us Washington as a guest speaker at LCJ’s May 6-7, 2013 Membership Meeting, applauded on Tuesday the passage of legislation that limits the state’s use of private attorneys on a contingency fee basis.
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United States: Shifting Sands In Class Action Litigation
Feb. 04,2013
Last November 5, the Supreme Court Justices spent the morning listening to two important class action cases that may offer the opportunity for the Court to impose stricter standards for the certification of class actions.
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Class Action Case Could Have Big Impact On U.S. Businesses
Jan. 15,2013
When Philadelphia-area consumers filed a class action lawsuit against cable provider Comcast Corp., they inadvertently set in motion a legal battle that could have major implications for big businesses across the United States.
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Class action lawyers game the system for personal gain
Jan. 01,2013
Recently, the 6th U.S. Circuit Court of Appeals decided an interesting case involving big-money lawyer fees in class actions, U.S. v. Gallion, et al.
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Study analyzes e-discovery trends in 2012
Dec. 31,2012
Kroll Ontrack, the technology services division of risk consulting company Kroll Inc., released an analysis earlier this month of all the reported e-discovery decisions in 2012.
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Delaware Supreme Court Allows Class Action Opt-Outs
Dec. 27,2012
The Delaware Supreme Court ruled on Thursday that a large investor should be allowed to opt out of a shareholder class action settlement, making it potentially more difficult for companies to end litigation.
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Supreme Court Could Limit Scope for Class Arbitration
Dec. 07,2012
The Supreme Court on Friday agreed to hear an appeal that gives the nine justices a chance to limit the ability of consumers and businesses to litigate disputes as a class.
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Judge decertifies class of black mortgage borrowers in light of 'Wal-Mart'
Sep. 19,2012
A Boston federal judge has decertified a class of African-American mortgage borrowers, finding that evidence of their statistically higher payments isn't enough to establish commonality in light of the Supreme Court's ruling in Wal-Mart v. Dukes.
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WSJ: More Lawsuits, Less Growth
Aug. 21,2012
A majority of voters say that lawsuit abuse hurts economic growth and job prospects, according to a poll being released today by the American Tort Reform Association and a group called "Sick of Lawsuits."
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Big Servings of Class Action Litigation for Food Companies
Aug. 20,2012
Attorney Kristen Polovoy has three words for any food company counsel caught up in snowballing class action litigation over marketing and labeling: Take it seriously. And for those who haven’t been slapped by a suit yet, she added two more: Get smart.
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Microsoft Joins the Electronic Discovery Institute's Leadership Summit
Aug. 09,2012
Microsoft Will Be Joining Discussions With Leading Jurists, Lawyers and Technical Experts on Legal Issues Related to Advances in the Use of Technology and Digital Information; The Electronic Discovery Institute's Leadership Summit in Fort Lauderdale, Florida, on October 17-19, 2012, Is a Unique Opportunity for Thought-Leaders and Decision-Makers From Leading Organizations to Interact, Collaborate and Form Relationships in a Casual Setting
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Supreme Court Takes Up Appeal of $187.6 Mil. Wal-Mart Worker Class Action
Jul. 05,2012
The state Supreme Court will hear an appeal on whether a $187.6 million class action award against retail titan Wal-Mart over allegations that its Pennsylvania employees were not properly compensated for off-the-clock work and missed rest breaks violated Pennsylvania law.
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Legislation to Blunt 'Concepcion' Is Killed in State Assembly
Jul. 04,2012
A trial lawyer-backed bill that sought to reassert class action rights in the wake of the U.S. Supreme Court's 2011 ruling in AT&T Mobility v. Concepcion died in legislative committee on Tuesday.
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WSJ: New Business Cases Await High Court
Jul. 03,2012
Little-noticed amid the fanfare over last week's decisions on health care and immigration, the Supreme Court added several new business cases to its docket for the fall that will offer the court more opportunities to cement its generally pro-business reputation.
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Obama Administration Files Amicus Calling for Restrictions on Alien Tort Statute
Jun. 27,2012

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Dems look to reverse Supreme Court ruling on class-action suits
Jun. 22,2012

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Computers Harnessed for Pretrial Work
Jun. 19,2012
Predictive coding isn't expected to replace this new breed of low-rent lawyer, but it could significantly reduce their numbers during one of the worst employment markets in nearly 20 years, industry experts say.
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New SCOTUS Brief: Keep international human rights cases in U.S. courts
Jun. 11,2012
Are the high seas the legal equivalent of foreign soil?
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State Supreme Court Adopts New Rules On E-Discovery, Rejects Federal Model
Jun. 08,2012
The Pennsylvania Supreme Court has adopted changes to state e-discovery rules
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Maxeiner: What America Can Learn From Germany's Justice System
Jun. 07,2012
Judges need to become more actively involved in each case -- throwing out ridiculous claims, conferring with each side, and explaining their decisions.
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Everything an Employer Could Ask For in One Decision on Class Action Waivers
Jun. 06,2012
A California Court of Appeal issued a sweeping pro-employer decision on class action waivers.
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WSJ: An FCPA Debate For The Ages
Mar. 30,2012
One of the architects of modern Foreign Corrupt Practices Act enforcement squared off Wednesday against two of the most outspoken proponents of changing the FCPA.
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WSJ: DOJ Asks to Drop FCPA Convictions
Mar. 29,2012
The Department of Justice has asked a federal judge to dismiss the convictions of three men who have already pleaded guilty to conspiring to violate a U.S. antibribery law, the final blow to a case the government had portrayed as an example of its efforts to get tough on foreign corruption but which ultimately collapsed after setbacks in the courtroom.
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WSJ: Third Circuit - WInners Still Have to Shoulder Most E-Discovery Costs
Mar. 20,2012
In civil suits, the prevailing party is entitled to recover certain costs. The Third Circuit wrestled with the question of whether (and to what extent) the winner’s electronic discovery costs can be transferred over to the loser. Not many courts have considered the issue.
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WSJ: A New Class-Action Battle
Mar. 20,2012
Should investors be allowed to bring class-action lawsuits against brokerages?
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WSJ: Conservative Justices Suggest Foreign Organizations Can't Be Sued in the U.S.
Feb. 29,2012
Torture victims faced skepticism at the Supreme Court Tuesday, where justices questioned whether foreign organizations, including the oil giant Royal Dutch Shell PLC and the Palestinian Authority, could be sued for violating international law under U.S. statutes dating to the 18th century.
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Economist: Over-regulated America, Excessive and Badly Written Regulation
Feb. 18,2012
The problem is not the rules that are self-evidently absurd. It is the ones that sound reasonable on their own but impose a huge burden collectively. America is meant to be the home of laissez-faire. Unlike Europeans, whose lives have long been circumscribed by meddling governments and diktats from Brussels, Americans are supposed to be free to choose, for better or for worse. Yet for some time America has been straying from this ideal.
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Role of plaintiffs lawyers in Dodd-Frank debated at House hearing
Feb. 09,2012
Whether state attorneys general should be allowed to hire private attorneys on a contingency fee to enforce federal law was debated last week before a House subcommittee.
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Dealpolitik: Transatlantic, Carlyle, Score Two for the Plaintiffs’ Bar
Feb. 08,2012
If you are troubled by the way class-action securities litigation seems to favor the lawyers and cost shareholders money with rare financial benefits, two events last week will make you unhappy.
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Judges already citing Wal-Mart ruling in environmental cases
Feb. 07,2012
A major Supreme Court ruling from last year that is widely predicted to reduce the number of successful class-action claims against big companies is already being cited in environmental cases.
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KPMG Loses E-Discovery Appeal in 'Pippins' Labor Case
Feb. 07,2012
Auditing firm KPMG has lost its appeal of a controversial e-discovery ruling in the Pippins v. KPMG labor case.
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No SOX protection for whistleblowers working for contractors of public companies
Feb. 06,2012
Employees of privately held contractors or subcontractors of public companies are not eligible for whistleblower protection under the Sarbanes-Oxley Act of 2002, the U.S. Court of Appeals for the 1st Circuit has ruled in a case of first impression.
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NY Appeals Court Ignores E-Discovery Tumult
Feb. 01,2012
New York's most consequential intermediate appellate court on Tuesday adopted the widespread "Zubulake standard" for determining when defendants must begin to preserve electronically stored information. As my colleague Joseph Ax reported for Reuters, the state Appellate Division, First Department, agreed with a 2004 ruling by U.S. District Judge Shira Scheindlin of Manhattan federal court in Zubulake v. UBS IV, which held that defendants must act to preserve e-discovery once they reasonably expect they'll be a party to litigation
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Businesses Oppose Proposed Ohio Fraud Legislation
Jan. 30,2012
Some Ohio businesses are opposing a bill backed by the attorney general that would create tougher penalties on fraud and give whistle-blowers a slice of the damages or repayments. The proposed legislation, known as the Ohio “false claims act” in a reference to its federal counterpart, would apply to any contracts issued by the state and the money paid out for them, the Dayton Daily News reported.
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The Story Behind Delaware's Default E-discovery Standard
Jan. 28,2012
Delaware is known as "The First State" because it was the first to ratify the U.S. Constitution in 1787. In that same trailblazing spirit, the U.S. District Court for the District of Delaware has been at the forefront of electronic discovery innovation. LTN's article "Delaware's Default E-Discovery Developments," reported the Delaware federal court's adoption of its December 8, 2011, "Default Standard for Discovery, Including Discovery of Electronically Stored Information ('ESI')," which traces its lineage back more than seven years.
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State Dept. Files Amicus Favoring Corporate Liability
Jan. 27,2012

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Whistleblowers earn a record $532 million in 2011
Jan. 09,2012
Whistleblowers earned more than $532 million in 2011 through lawsuits alleging fraud against the U.S. government, a record for such payouts, according to a law firm study published on Friday.
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No Bad Faith, No Spoliation, 3rd Circuit Rules
Jan. 09,2012
Producing copies of documents instead of originals can be spoliation, the 3rd U.S. Circuit Court of Appeals has ruled, though a finding of bad faith is "pivotal" to a spoliation determination.
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Will Richard Cordray's Recess Appointment to CFPB Hurt Obama?
Jan. 06,2012
In a bold act of political defiance, President Obama installed Richard Cordray as head of a new consumer watchdog agency Wednesday, bypassing Republican opposition in the Senate that derailed his nomination last month.
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CPFB'S First Move With Director in Place: Confront
Jan. 06,2012
One day after President Obama appointed Richard Cordray as director of the Consumer Financial Protection Bureau over the objections of Senate Republicans, the bureau announced the launch of a new “nonbank supervision program.”
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Class action lawyers game the system for personal gain
Jan. 01,2012
Recently, the 6th U.S. Circuit Court of Appeals decided an interesting case involving big-money lawyer fees in class actions, U.S. v. Gallion, et al.
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House Subcommittee Approves Amendment Modifying Whistle Blower Rules
Dec. 28,2011
Republicans members of a House subcommittee have approved a bill that would modify the Dodd-Frank Wall Street Reform and Consumer Protection Act requirement that whistle-blowers to report potential misconduct to their company before going to the Securities and Exchange Commission.
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Delaware's Default E-Discovery Amendments
Dec. 28,2011
On Dec. 8, 2011, the Federal District Court for the District of Delaware posted two new default standards for litigation: the Default Standard for Discovery, Including Discovery of Electronically Stored Information ("ESI") and the Default Standard for Access to Source Code.
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Law.com - Reset to Neutral: Rethinking EDD Preservation Protocol
Dec. 07,2011
Our regimen for preservation of electronically stored information (ESI) at the federal level — and in particular the "reasonable anticipation of litigation" test for when parties must begin affirmative preservation efforts — is the creation of decisions in "bad facts" cases. As a result, and despite its widespread reach, our current preservation protocol is deeply flawed in critical ways.
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John Jablonski: Raising the Bar on Proportionality?
Dec. 05,2011
John Jablonski of Goldberg Segalla LLP examines perspectives on lowering the burden of preserving data in civil litigation.
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Law Bulletin: Law Division's New Expert Rule Faces Fight
Nov. 08,2011
A hospital wants the Illinois Supreme Court to stop a pilot program in the Cook County Circuit Court Law Division that requires plaintiffs and defendants to reveal their expert witnesses at the same time.
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WSJ: Court to Rule If Abuses Abroad Can Lead to Suits
Oct. 20,2011
The Supreme Court said Monday it will consider a lawsuit against Royal Dutch Shell PLC to decide whether corporations can be sued in U.S. courts for allegedly aiding human-rights abuses overseas.
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The MCC Unveils New, Interactive Website
Oct. 14,2011
The MCC unveiled a new, interactive website to complement its monthly print publication
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WSJ: For Profit Lawsuits - Government Enlists Plaintiff's Bar Against For-Profit Colleges
Sep. 14,2011
Where there's money, there are trial lawyers, and their latest hope for a jackpot is a lawsuit against an industry in political disfavor with the Obama Administration: for-profit colleges.
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WSJ: Consumer-Bureau Nominee Richard Cordray on Hot Seat
Sep. 07,2011
The new Consumer Financial Protection Bureau will use many tools other than lawsuits to do its job, Richard Cordray, President Barack Obama's pick to run the agency, plans to tell senators at his confirmation hearing Tuesday.
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Texas Tribune: New Tort Reform Law Takes Effect This Week
Aug. 29,2011
A new tort reform law taking effect this week will enable the Texas Supreme Court to make rules to expedite lawsuits with claims under $100,000 and to allow judges to dismiss those without merit early on. It also will grant legal costs to prevailing parties under certain circumstances.
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E-Discovery Sanctions, Evidence Preservation On Committee Agenda
Aug. 23,2011
On Sept. 9, the Civil Rules Advisory Committee of the U.S. Judicial Conference will meet in Dallas to consider changing the Federal Rules of Civil Procedure on evidence preservation and sanctions related to electronic discovery. As part of the discussion, the committee — made up of judges, law professors and attorneys — will consider an exhaustive report prepared by Andrea Kuperman, chief counsel to the rules committee.
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Examiner: Lawsuit Reform Coul Be Big in 2012
Aug. 22,2011
One of the factors Perry repeatedly cites as playing a central role in the Texas economic success is lawsuit reform. Insuring equity and fairness for all defendants and plaintiffs, he argues, is essential to creating a business environment that encourages job creation and economic growth.
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Justice Department in "Full-Court Press" to Tackle E-Discovery
Aug. 21,2011
New technology means that less and less is done on paper and that’s presented challenges for DOJ officials, who are struggling with ways to manage electronic evidence, such as e-mails and text messages.
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Law.com: E-Discovery Drives $576K Costs Levied on Plaintiffs
Aug. 10,2011
For plaintiffs, the cost of losing a case is skyrocketing in antitrust and other complex, document-intensive litigation now that the federal courts are routinely approving hefty bills for e-discovery services in the standard taxation of costs.
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US Discovery in a German Lawsuit?
Aug. 05,2011
The Seventh Circuit's new opinion has opened the door for parties litigating in non-US courts to use the U.S. federal court system for the purposes of obtaining discovery that is otherwise not available in courts outside the US.
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Texas Enacts Loser Pays Tort Reform
Jul. 28,2011
In a unanimous vote last week, the Texas senate adopted ‘loser pays’ tort-reform legislation, which says that a plaintiff must pay the winning party’s legal fees if their complaint is judged to be groundless.
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Broad Spectrum of In-House Corporate Experience at Legal Technology Leadership Summit
Jul. 26,2011
Senior leaders from some of the world’s leading corporations featured on panels at Legal Technology Leadership Summit at Amelia Island.
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Insurance Industry Prevails in RI Supreme Court Decision
Jul. 20,2011
The Rhode Island Supreme Court has decided that insurance carriers who face competing claims for limited policy amounts should only be penalized if they fail to use reasonable care in resolving the competing claims. The law firm of Zelle, McDonough & Cohen, LLP represented Travelers Insurance Company in achieving this victory.
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Movie Critical of Trial Lawyers Debuts
Jul. 13,2011
A TV movie highlighting some of the most embarrassing moments of the past decade for the nation's trial lawyers premiered on July 11, 2011.
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UPI: States Reform Civil Justice
Jun. 22,2011
At least 18 states have passed legislation this year tipping the civil justice system to favor business, a U.S. group that lobbies for such changes said.
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Bloomberg: Wal-Mart Case Another Loss for Trial Lawyers
Jun. 22,2011
The Supreme Court's ruling is the latest in a series of decisions that make it clear the justices aim to curb mass litigation
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AP: Supreme Court Limits Wal-Mart Sex Bias Case
Jun. 20,2011
The Supreme Court on Monday blocked a massive sex discrimination lawsuit against Wal-Mart on behalf of women who work there.
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Examiner: Amid Budget Sacrifice, Let the Lawyers Go First
Jun. 14,2011
Clearly, taxpayers have more than enough on their plates already. So -- should they also be made to pay $600-per-hour legal fees of environmentalists who sue the government?
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Major Tort Reform Potentially on Horizon for Pennsylvania
Apr. 15,2011
The Pennsylvania House of Representatives passed House Bill 1 (the "Fair Share Act") by a vote of 112 to 88 on April 11, 2011. If enacted, it would greatly limit the doctrine of joint and several liability in Pennsylvania, with narrow exceptions.
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NYT: When a Lawsuit Is Too Big
Apr. 06,2011
Can a class-action lawsuit be too sprawling to deliver old-fashioned justice? Justice Antonin Scalia seems to think so, judging by his comments on Tuesday...
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Corporate and Defense Bar Leaders Coalesce Around New Procedural Rules Reform Initiative
Jan. 31,2011
A nationwide chorus of academics, corporate counsel and defense counsel are joining in efforts to fundamentally reform the Federal Rules of Civil Procedure. Excessive costs and delays, they say, are diminishing the quality of justice provided by the current system.
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U.S. Opening Product Safety Records to Public
Jan. 10,2011
The federal government is poised for the first time to make public thousands of complaints it receives each year about safety problems with various products, from power tools to piggy banks.
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HJC to Play Key Role in Health Care Debate
Jan. 10,2011
House Judiciary Committee Chairman Lamar Smith (R-Texas) today outlined the Committee’s role in the upcoming debate on the vote to repeal Democrats’ misguided government takeover of health care.
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Chairman Smith Announces Subcommittee Chairmen
Jan. 10,2011
Chairman Lamar Smith (R-Texas) today announced the House Judiciary Committee’s subcommittee chairmen for the 112th Congress.
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WSJ: Loser Pays, Everyone Wins
Dec. 27,2010
Governor Perry, of Texas, is proposing a British-style "loser pays rule, which would require plantiff's to pick up the legal costs of their targets if they lose their suits.
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Blog: The American Bar Association Exposes its Liberal Bias Once Aagain
Oct. 25,2010
Power Line Blog discusses leftist law professor nominated by Obama for a position on the US Court of Appeals for the Ninth Circuit.
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DRI - Tax Breaks for Trial Lawyers: Making the Government a Partner in Litigation
Aug. 25,2010
In a PointOfLaw.com article, former LCJ Board Member, Marc Williams discusses the American Association for Justice, the Obama Administration, and financial benefits for members of the AAJ.
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FASB Extends Comment Period for Disclosure of Certain Loss Contingencies Exposure Draft
Aug. 23,2010
The Financial Accounting Standards Board has voted to extend it's deadline for comments by 30 additional days. Their chairman extended it because it "was difficult to meet becuase of quarterly reporting deadlines."
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John Stossel: Parasitic Tort Lawyers Hurt Clients Too
Jul. 08,2010
John Stossel investigates how lawyers and the cases they argue rarely make their client's lives better. They make life much worse.
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Article By LCJ Associate Member, H. Mills Gallivan - Bluejays and Mockingbird
Jul. 08,2010
Around the anniversary of "To Kill A Mockingbirg, associate member, Mills Gallivan blogs for Abnormal Use regarding the amending of the Federal Rules of Civil Procedure, ten times over the last 50 years.
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Seize The Opportunity - Reduce The Costs And Burdens
Jul. 08,2010
A representative from one of LCJ's Corporate Member organizations writes an article for Metropolitan Corporate Counsel concerning the "opportunity to make fundamental changes in the Federal Rules of Civil Procedure."
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Oil's Well That Ends Well: Parting Shots From Chevron's Charles James
Mar. 02,2010
Chevron's EVP to go to Arizona State University's College of Law
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WSJ: How the Plaintiffs Bar Bought the Senate
Feb. 09,2010
James Copland of the Manhattan Institute discusses Citizens United v. Federal Election Commission, and how it permits independent campaign expenditures by corporations.
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WSJ: Trial Lawyers Contribute, Shareholder Suits Follow
Feb. 03,2010
WSJ article on Trial Lawyers and Shareholders
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