If you’ve thought about filing a business lawsuit in federal court or you have one underway already, you’ll probably want to read about two still-in-process studies by Columbia University and Harvard University law school professors on how the U.S. Supreme Court under Chief Justice John Roberts (2005-present) has treated business lawsuits, and how that treatment
Daubert
Evidence of Turning Blind Eye to Client’s Fraud Earns Trial for Audit Firm, Second Circuit Rules
Did high-flyer Winstar co-opt its auditing firm?
Defendants facing securities fraud claims have won more than their share of cases in the last half a decade or so. Decisions by the U.S. Supreme Court have helped.
In 2011, for instance, the Court ruled that you must have "ultimate authority" to make a false statement…
Saving Experts from Themselves
You know — of course you do — that almost any complex case calls for the help of an Expert Witness. Possibly several.
She or he may opine about a Great Many Things, from where the product market starts and ends, to the amount of damages, and (even) to the air-speed velocity of an unladen…
Seventh Circuit Mandates Daubert Ruling Before Class Certification
A panel of the Seventh Circuit extended the court's status as the circuit that puts the most hurdles in the way of class certification under Rule 23 of the Federal Rules of Civil Procedure. It held that district courts "must conclusively rule on any challenge to the expert's qualifications or submissions prior to ruling on…