In-house attorneys and their outside counsel know that the discovery provisions in the current Federal Rules of Civil Procedure are out of touch with modern business practice in the age of electronic documents and data. The United States Supreme Court recently approved amendments to the Rules that will help bring the discovery rules regarding electronic data into the modern era. Absent Congressional action, these amendments will go into effect on December 1, 2006. This blog article summarizes the much-discussed “safe harbor” provision and other changes that should make life a little easier for corporate counsel who must balance the risk of litigation with the realities of modern business.
Continue Reading Electronic Evidence Update for In-House Counsel

In Hamilton v. Winder, 2006-0994 (La. 6/16/06), 2006 WL 1669429, the Louisiana Supreme Court held that the district court had the power under LSA-C.C.P. art. 1631(A) to “bump” a consistently tardy juror in the middle of trial and replace him with an alternate. Although Article 1769 states that “Alternate jurors…shall replace jurors who…become unable or disqualified to perform their duties,” the Supreme Court held that the trial court did not have to determine that the sluggish juror in question was either “unable” or “disqualified” to perform his duties.
Continue Reading District Court Has Power To Replace Chronically-Tardy Juror with Alternate

The 18th Judicial District Court in Louisiana (Iberville, West Baton Rouge and Pointe Coupee Parishes) has requested, and received, an ad hoc judge appointment. Judge Thomas W. Tanner has been appointed by the Louisiana Supreme Court to handle all asbestos cases. Ad hoc judges are used occasionally in asbestos cases and have been appointed for…

The Louisiana Senate passed SB 700 by a vote of 20-18. SB 700 would set a state-wide minimum wage of $6.15 or $1.00 higher than the existing federal minimum wage. As written, SB 700 has several exceptions. The bill now goes to the House of Representatives for consideration. According to a story in the Baton…

In Turner v. Murphy Oil USA, Inc., 2006 WL 286009 (E.D. La. 2006), a mass tort class action arising from a crude oil spill in Chalmette during Hurricane Katrina, Judge Fallon certified a class, and Murphy appealed that ruling. Pending the appeal, having denied a stay, Judge Fallon ordered notice to the class pursuant to Rule 23(c)(2) of the Federal Rules of Civil Procedure. Plaintiffs opposed affording an opt-out provision in the notice, on the basis that the definition of the class could be modified by the Fifth Circuit, thus requiring follow-up notice, but Judge Fallon thought it important to inform potential class members of the consequences of opting out immediately, in view of Murphy’s ongoing settlement program.
Continue Reading Class Action Notice, Federal Question Jurisdiction, Protection of Customer Data, Supreme Court Examines Reach of Clean Water Act

In Wyeth, Inc. v. Gottlieb, 2006 WL 335602 (Fla.App. 3 Dist.), Florida’s Third District Court of Appeal reversed the trial court’s certification of a Prempro (conjugated estrogen and progestin) medical monitoring class. The court of appeal focused upon the “highly individualistic” nature of causation determination, which depended on individual characteristics and risk factors of the claimant, the dosage, the duration of consumption, other medications being taken, and knowledge of risks. The court also found that these considerations required individual customization of any medical monitoring plan. The evolution in what Wyeth knew, and warned about, over a 10-year period also strongly militated against class certification.
Continue Reading Two Recent Decisions of Note on Class Certification, Removal/Remand