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Should Courts Consider the Merits of the Suit Before Class Action Certification?
The Supreme Court has been reviewing and defining class action lawsuit certification jurisprudence lately. In the last session, in Wal-Mart v. Dukes, the Supreme Court held the would-be class of female workers alleging discriminatory practices did not satisfy the “commonality” of law and fact requirement of Federal Rule 23(a). This
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Section 1782’s Ever-Expanding Discovery for Foreign Litigation and ADR
Title 28 U.S.C. Section 1782 is a federal law allowing a person or entity who is involved in foreign litigation to apply to the American court system for discovery against U.S. citizens or corporations to be used in the foreign litigation. The discovery could include electronic data, documents or testamentary
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Plaintiffs in Class Action Lawsuit Allege Nissan “Leaf” Much to be Desired
Japanese car manufacturer Nissan is defending allegations of unfair consumer and business practices, breach of implied warranty and negligent misrepresentations by plaintiffs in Klee v. Nissan, Case No. CV-1208238DDP (PJWx), filed September 24, 2012 in the federal district court for the Central District of California. Brought on behalf of a
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Sheldon Adelson Faces eDiscovery Sanctions Over Chinese Casino Dispute
Casino mogul Sheldon Adelson, whose estimated worth is approximately $20 billion, is facing sanctions for eDiscovery violations in a county district court in Las Vegas. The plaintiff in the ongoing case Steven Jacobs v. Las Vegas Sands, A627691-B, alleges his former employer fired him from his position as CEO of
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Supreme Court’s Differing Interpretations of “Interpreter”
Recently, the U.S. Supreme Court issued its opinion in Taniguchi v. Kan Pacific Saipan, Ltd., 566 U. S. ____ (2012). Taniguchi had brought a personal injury claim against the defendant in a federal district court in the Marina Islands. As part of discovery, defendant Kan Pacific paid for the written
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Approaches For Triaging Foreign-Language Documents
One of the many complications encountered with litigation involving international parties is dealing with large volumes of foreign language documents. Typical approaches range anywhere from asking ones international client for translation support, hiring bilingual reviewers to the case team, using Machine Translation (MT) to translate all of the documents and