Since 1987, LCJ has advocated reform of procedural rules in order to: (1) promote balance and fairness in the civil justice system, (2) reduce the burdens associated with litigation, and (3) advance predictability and efficiency in litigation. LCJ files briefs as an amicus curiae on behalf of our membership in cases of interest to advance these objectives. Given LCJ's history, experience and expertise on the Federal Rules of Civil Procedure, LCJ is particularly focused on cases interpreting those rules.
The following are LCJ’s recent amicus briefs.
In re State Farm Lloyds, Inc.
Court: Texas Supreme Court
Issue: Costly and unnecessary requirement to produce ESI in particular format
Outcome: The Texas Supreme Court held that "Under our discovery rules, neither party may dictate the form of electronic discovery. The requesting party must specify the desired form of production, but all discovery is subject to the proportionality overlay embedded in our discovery rules . . ." Unless ordered otherwise, however, “the responding party need only produce the data reasonably available in the ordinary course of business in reasonably usable form.” You may read the entire opinion here.
In re State Farm Fire and Casualty Company
LaBrier v. State Farm Fire and Casualty Company
Court: 8th Circuit
Issue: The proper scope of discovery in a class action post-2015 amendments
Outcome: The appellate court reversed the trial court's certification of the class and vacated the order upholding premature class wide discovery. You may read the entire opinion here.
Campbell-Ewald Company v. Jose Gomez
Court: Supreme Court
Issue: Whether the question of allowing an offer of relief to the named plaintiff to moot a class action complaint is more appropriately
addressed by the Court or by the rule making process.
Outcome: An unaccepted settlement offer or offer of judgment does not moot a plaintiff's case, so the district court retains jurisdiction to adjudicate the plaintiff’s complaint.