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Conference considers proposed changes to civil discovery rules



Title: Trial News

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Trial News

May 20, 2010

AAJ
Top Story
 

At a lively two-day meeting, judges, legal scholars, and practicing lawyers examined the state of civil discovery and debated proposals that supporters say would make it less costly and more efficient. Others argued that the current rules can keep discovery under control and cautioned that changes could impede parties’ access to important evidence.

OTHER NEWS

Arbitration award can’t be vacated on ‘judicially created’
grounds, says Eleventh Circuit

A consumer cannot overturn an arbitration award against him or her on nonstatutory grounds, the Eleventh Circuit has ruled. The court held that under a 2008 Supreme Court decision, “the judicially created grounds for vacatur we have recognized in our prior precedent are no longer valid.”

DOJ cracks down on pharmaceutical manufacturers
In the latest in a string of settlements between the Justice Department and drug and device makers, Novartis agreed to pay more than $72 million to resolve civil allegations that it marketed its cystic fibrosis drug TOBI off label. Some lawyers and patient advocates question whether the penalties being assessed by the government go far enough to deter wrongdoing.

Lawyer conducts testing for E. coli, calls for increased oversight
Seattle lawyer Bill Marler has taken food safety into his own hands: A lab he hired to test ground beef from grocery stores in six states for E. coli found the bacteria in a California store, leading to a company recall. The lab is also testing for other, unregulated bacteria strains, which Marler has petitioned food-safety regulators to deem adulterants.

VERDICTS & SETTLEMENTS

Admiralty
Seaman falls from dumpster

Civil rights
Arrestee suffers heart attack after being denied medical attention

Employment law
Drug company scientist fired after questioning company's safety practices

Negligence
Marina patron thrown from boat when trailer is moved

Premises liability
Townhouse resident slips on ice in common area

IN THIS MONTH’S Trial

Failure to communicate
Kara DiCecco, Mindy Cohen, and Barbara J. Levin

Jim M. Perdue Sr. and Jim M. Perdue Jr.
MOST POPULAR

High Court considers arbitrator’s authority to determine unconscionability
by Allison Torres Burtka

Medical expert must disclose financial records, Maryland high court holds
by Carmel Sileo

Expert preparation
by Christian C. Mester

Sisters traumatized by false arrest, strip search at bar

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