Archives

Report To Counsel includes in-depth objective analysis of legal issues being litigated in the appellate courts today. Check out the topics covered in our past issues below.

IN BRIEF:

Civil Proceedure - Forum-Selection Clauses Enforceable by Mandamus in Texas

  
Bankruptcy - Payments Authorized After Debtor Filed for Bankruptcy are not Part of Debtor?s Estate
Attorney's Fees - ?Catalyst? Theory Available for Fees in California Private Attorney General Actions

Workers? Compensation - Court of Appeals Defines ?Grave Injury? Under New York Workers? Compensation Law

 

IN BRIEF:

Evidence - Admissibility of Disputed E-Mail Messages

  
Class Actions - California Court Approves Class Certification of Wage and Hour Claims
Civil Procedure - Trial Court May Not Consider Defendant?s Documentary Evidence on Motion to Dismiss

Bankruptcy - Financially Healthy Debtor Cannot File Chapter 11

 

IN BRIEF:

Appellate Practice- Publication of Opinions by the California Court of Appeal

  
Litigation - Collateral Estoppel Doctrine Extended to Defenses Raised in Court Lacking Jurisdiction
Arbitration - Arbitrators Will Decide Whether Arbitration Class Should be Certified

Employment Laws - Title VII Claim May be Dismissed Based on Lack of Subject Matter Jurisdiction if Defendant Does not Have Requisite Number of Employees

 

IN BRIEF:

Habeas Corpus - Court Rules on Government?s Power to Detain Enemy Combatants

  
First Amendment - Court Calls Constitutionality of Internet Pornography Law Into Question
Fourth Amendment - Court Considers a Number of Fourth Amendment Issues

Miranda - Court Both Expands and Limits the Applicability of its Miranda

 

IN BRIEF:

Medical Malpractice - Expectant Mother has Malpractice Claim for Emotional Distress Caused by Miscarriage or Stillbirth

  
Attorney-Client Privilage - California Court Recognizes Inadvertent Waiver of the Attorney-Client Privilege
Litigation - A Federal Preemption Primer

Ethics - Duty to Protect Client Confidences is Permanent

 

IN BRIEF:

Appellate Procedure - How Filing a Notice of Appeal Affects California Trial Court Proceedings

  
Corporations - Reverse Piercing the Corporate Veil – Making a Corporation Liable for its Shareholders’ Debts
Intellectual Property - Registration of an Internet Domain Name Does not Constitute “First Use”

Privacy - Supreme Court Requires Privacy Act Plaintiffs to Show Actual Damages

 

IN BRIEF:

Bankruptcy - Debtor's Attorney Cannot be Compensated for Services After Chapter 7 is Converted

  
Employment Law - Nominal Damages not Available Under Age Discrimination in Employment Act
Criminal Law - Texas Court of Criminal Appeals Establishes Standards to be Followed In Atkins Cases

Judgment - State Definitions Must be Used in Determining if Foreign Judgment is Conclusive and Enforceable in California

 

IN BRIEF:

Evidence - Deposition of Party Who Refuses to Attend Trial due to Fear of Flying May not be Used as Evidence in the Party's Case-in-Chief

  
Summary Judgment - Parties to California Summary Judgment are Entitled to an Oral Argument
Arbitration - Texas Arbitration Clause With Unilateral Opt-Out Provision is Void

Civil Proceedure - Second Circuit Applies “Particularity” Standard to Securities Pleading

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