practice and procedure

Defects in Summary Judgment Procedure Send Jasco v. Dana Trade Secrets Case Back to Bankruptcy Court

Erika Birg
August 07, 2009 22:43

In a 56-page opinion, the U.S. Court of Appeals for the Second Circuit sent a long-pending trade secrets case, Jasco Tools, Inc. v. Dana Corporation, Appeal No. 08-2762-bk, back to the lower court for further proceedings because of the bankruptcy court's "flawed application of well established...

Electronic Discovery Rules Enacted In California

Sara Thorpe
August 06, 2009 20:27

California follows federal, and some state, courts in enacting new e-discovery rules. The rules took immediate effect and apply to all pending and future lawsuits.  Cal. Code Civ. Proc. § 2031. The rules for the most part mirror the 2006 changes made to the Federal Rules of...

Appellate Division Deals Blow To Son Of Brooke Astor

Philip Bernstein
May 22, 2009 20:09

Earlier today, New York's  Appellate Division, Second Department published a decision In The Matter Of Astor denying Anthony D. Marshall a stay of discovery in the estate proceedings now underway in Surrogate's Court. This is significant because Marshall, and his mother's former...

Appellate Division Deals Blow To Son Of Brooke Astor

Philip Bernstein
May 22, 2009 20:09

Earlier today, New York's  Appellate Division, Second Department published a decision In The Matter Of Astor denying Anthony D. Marshall a stay of discovery in the estate proceedings now underway in Surrogate's Court. This is significant because Marshall, and his mother's former...

Trust Beneficiares Held Not To Be Entitled To Order Directing Costs To Be Paid By Unsuccessful Objectants

Philip Bernstein
May 20, 2009 03:34

New York  generally requires that litigants pay their own counsel fees unlike other states which subscribe to the "loser pays" policy. In keeping with this, the Appellate Division's Third Department has upheld a ruling from the Warren County Surrogate in In Re...