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Blog postThe IRS issued a John Doe subpoena to a Law Firm seeking the identity of clients who retained the Law Firm to acquire, establish or maintain a foreign company, foundation or trust. (The subpoena was based on a previous proceeding in which one of the Law Firm’s clients agreed to pay the IRS millions based […]
The post U.S. Fifth Circuit Rejects General Privilege Over Identity of Clients appeared first on Gravier House.
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Blog postAs previously recounted in Sun Coast Resources v. Conrad, 956 F.3d 335 (5th Cir. 2020): “Arbitration can be an efficient way to resolve disputes – or a weapon for the economically powerful. Regardless, Conrad dutifully agreed to arbitrate this dispute, as so many employers insist employees do as a condition of employment. But then, Conrad […]
The post U.S. Fifth Circuit Declines to Sanction Defendant for Frivolous Appeal appeared first on Gravier House.
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Blog post[October 27, 2005] The Bush Administration and others use the term “strict construction” and “judicial restraint” together as if they were synonymous with conservative or Republican political beliefs. In fact, they are not even synonymous with one another. There are several forms of “judicial activism” or “restraint”. First, a judge can demonstrate “activism” or “restraint” […]
The post Clearing Up the Confusion over “Strict Construction” and “Judicial Activism” in the Courts appeared -
Blog postPamela Maslowski was injured in a car accident and retained the law firm of Schwebel Goetz & Sieben to commence a personal-injury action on her behalf. Two years later, Maslowski entered into a litigation-funding agreement with Prospect Funding Partners. Under the terms of the agreement, Maslowski sold to Prospect an interest in her personal-injury action […]
The post Minnesota Court of Appeal Refuses to Enforce Litigation-Funding Agreement appeared first on Gravier House.
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Blog postLegalMatch operates an online website, www.legalmatch.com, that connects individuals to lawyers. Once individuals have completed the online intake process and accepted the terms and conditions, LegalMatch communicates the information collected during the intake process to lawyers who have subscribed to LegalMatch’s service. Only subscribing lawyers associated with the geographic location and legal category selected by […]
The post California Court of Appeal Holds that LegalMatch.com O -
Blog postAn attorney who represented a client in an intellectual property matter adverse to the client’s former employer sought guidance from the N.Y. State Bar Ethics Committee based on the following: During the course of the representation, the client provided the attorney with a large amount of data in digital form relating to the dispute. The […]
The post New York State Bar Provides Guidance to Attorneys Asked to Destroy their Files appeared first on Gravier House.
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Blog postA class of homeowners brought suit against State Farm regarding its promise to pay the Actual Cash Value (ACV) of the damaged portion of the home in the event of a loss. Because “Actual Cash Value” was not expressly defined in the policy, a question arose as to how it should be calculated – in […]
The post U.S. Fifth Circuit Affirms Certification of Policyholder Class re Actual Cash Value Payments appeared first on Gravier House.
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Blog postPlaintiffs filed putative class action against Jackson National Life for alleged overcharges in the miscalculation of early-withdrawal fees in breach of their annuities contracts. As an initial matter, the U.S. Fifth Circuit held that the defendant had not in fact waived its personal jurisdiction defense with respect to absent class members under Bristol-Myers Squibb. While […]
The post U.S. Fifth Circuit Rejects Waiver of Personal Jurisdiction Challenge in Putative National Cla -
Blog postThe District Court granted the Alliance for Good Government’s motion for summary judgment against the Coalition for a Better Government, and awarded the prevailing party the full amount of attorneys’ fees requested. On appeal, the U.S. Fifth Circuit affirmed in pertinent part, modifying the injunction, affirming the “exceptional” case determination, and remanding for reconsideration of […]
The post U.S. District Court in Louisiana Awards Attorneys’ Fees to be Paid by Attorney Wh -
Blog postFollowing an explosion near Minden, the investigation revealed the improper storage of munitions, and a voluntary evacuation order was issued. The district court certified a class of property owners and/or residents in the area who were affected by the explosion and/or the evacuation order, and, on defendant’s motion to modify the class definition, made it […]
The post Louisiana Second Circuit Reverses Certification of People Affected by Explosion and Subsequent Evacuation Order appea
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