Civil Litigation Brief

JUNE 5, 2025

Here we look at an example of a claimant wishing to pursue a specific line of argument but having to accept that it was not pleaded and that. This series is giving rise to more cases than I initially thought.

Pleadings

Civil Litigation Brief

JULY 6, 2025

Here we are looking at a case where numerous actions brought by the claimant were struck out because the Particulars of Claim were wholly deficient. They remained wholly deficient even after the court had made a peremptory order compelling the.

Pleadings

E-Discovery LLC

NOVEMBER 23, 2024

The circuit court order precluded plaintiffs “from supporting claims and/or introducing evidence in support of claims” that defendants breached the standard of care. It also precluded them from introducing evidence at trial if the evidence was the subject of unanswered discovery requests. emphasis added].

Evidence

E-Discovery LLC

MARCH 3, 2025

9, 2023)(Courts have recognized that sanctions may be imposed for improperly obtaining evidence.). It wrote: Pursuant to its inherent authority, the Court will strike the improperly used material from the pleadings, and Campbell will be barred from using it as evidence in this litigation, except for purposes of rebuttal or impeachment.

Evidence

E-Discovery LLC

AUGUST 12, 2024

The Reporter’s Note to Proposed Rule 1-322(a)(filing of pleadings and motions), states: “Proposed new subsection (a)(6) authorizes digital media, as defined by Rule 1- 202, to be transmitted using a digital storage platform approved by the State Court Administrator.” It could then be considered on appeal.

Evidence

Civil Litigation Brief

JUNE 2, 2025

Today we are looking at a case where the judge rejected an argument that evidence could not be given because the particular issue had not been pleaded. The judge held that, on the facts of this case, the evidence was.

Pleadings

Civil Litigation Brief

MAY 16, 2025

Allegations of fraud have to be pleaded with care. Those pleading such assertions must have “reasonably credible material” to support them. Here we look at a case where allegations of deceit were made. The judge found that the allegations had.

Pleadings

Civil Litigation Brief

MARCH 13, 2025

There is a consideration of the principles relating to the use of expert evidence in the judgment of Mr Justice Fancourt in Cohen & Ors v Co-operative Group Ltd & Ors [2025] EWHC 526 (Ch). The judge rejected the claimants’

Evidence

E-Discovery LLC

APRIL 19, 2025

Further, it seems clear that the most valuable reference to use in implementing the new change in the scope of discovery is the pleadings that have been filed, as that is where the claims and defenses are stated. However, the pleadings are only the starting place. Emphasis added]. citation omitted]. See Fed.R.Civ.P. 26(b)(1).

Discovery

Civil Litigation Brief

MAY 9, 2025

Parties alleging dishonesty and fraud have to be very careful in the way they plead their case. These matters cannot be pleaded lightly, and there are professional obligations on the pleader to ensure that there is reasonably credible material that.

Pleadings

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. This crucial element is pleadings. Legal pleadings are crucial documents for the proceedings in the court. We will delve into the world of pleadings in this blog.

Pleadings

Civil Litigation Brief

JULY 11, 2025

In this judgment today the Court of Appeal consider, in detail, whether it is appropriate for a judge to go outside the pleaded case. The judgment provides guidance for the practice to be adopted if the judge feels that they.

Pleadings

Civil Litigation Brief

APRIL 3, 2025

This was a case alleging that the defendant barrister had pleaded a case badly. We are looking again at the judgment of Mr Justice Saini inIsrael Russell v Barry Coulter[2025] EWHC 493 (KB). The claim was rejected. However it is.

Pleadings

Civil Litigation Brief

MARCH 30, 2025

We are looking at another case in which the pleadings played a significant part. In Daniel Maurice Wagner v Bright Station Ventures Management Limited [2025] EWHC 669 (KB) Mr Justice Sweeting rejected an argument from the claimant that was contrary.

Pleadings

DAPHNE ALABAMA CRIMINAL DEFENSE BLOG

DECEMBER 3, 2024

Myth: DUI charges are impossible to fight Many people accused of impaired driving plead guilty right away. Myth: Breath tests are ironclad evidence People tend to put a lot of faith in forensic testing. What inaccurate beliefs do many people have about DUI arrests?

Defense Strategy

Civil Litigation Brief

APRIL 28, 2025

Here we are looking at an application that was all about the claimant’s inadequate pleadings. After putting the defects right (at at third attempt) the case was allowed to proceed – but it was a lengthy and expensive process for.

Pleadings

Civil Litigation Brief

JUNE 17, 2025

I didn't expert to be writing about a Court of Appeal decision that considered the precise pleaded meaning of the word "pornography", but that is precisely what we are doing here. This series has taken an unexpected turn. A decision.

Pleadings

Civil Litigation Brief

JUNE 9, 2025

We are looking at a case where the court struck out the claimant's case against three defendants because of the inadequate way in which the case was pleaded. General assertions that someone here must be to blame were not sufficient.

Pleadings

Civil Litigation Brief

APRIL 22, 2025

Another example of the importance of all issues being properly pleaded can be found in the judgment of Mr Justice Edward Johnson in Dunya Dervis v Kenan Deniz[2025] EWHC 902 (Ch). The appellant was not allowed, on appeal, to pursue.

Pleadings

E-Discovery LLC

DECEMBER 16, 2024

The circuit court then prohibited Mr. Etame from presenting any evidence and struck his pleadings, including counterclaims. To impress upon them the gravity of the claims they made in their pleadings, the court put both [plaintiffs counsel] West and [new defense counsel] Goetzl under oath. He failed to comply. emphasis added].

Discovery

E-Discovery LLC

SEPTEMBER 16, 2024

Information within this scope of discovery need not be admissible in evidence to be discoverable.” While construing relevance broadly, this Court is anchored by the parties’ pleadings. “To 26 advisory committee’s notes to 2000 amendment. H & M Henner & Mauritz, L.P., 3818 (JLC), 2016 WL 4742334, at *2 (S.D.N.Y.

Discovery

Civil Litigation Brief

MAY 26, 2025

Today we are looking at a pleadings issue that arose in the course a lengthy contractual dispute. The claimant made certain, specific allegations, and pleaded that these matters breached a large number of contractual obligations. However, at trial, the claimant.

Pleadings

CaseFox

OCTOBER 13, 2023

In legal words where battles are fought with words and evidence, there exists a crucial element that serves as a blueprint for the courtroom drama. This crucial element is pleadings. Legal pleadings are crucial documents for the proceedings in the court. We will delve into the world of pleadings in this blog.

Pleadings

Civil Litigation Brief

MARCH 5, 2025

For some time now I have been meaning to write a series on the numerous issues that arise when cases are not pleaded properly. There are a catalogue of cases where the parties come to court, normally shortly before (sometimes.

Pleadings

SW&L Attorneys Blog

SEPTEMBER 27, 2024

Prosecutors review the evidence and make a determination on whether an individual should be charged. In some cases, the prosecution may reevaluate the evidence and decide to dismiss the case. After the presentation of evidence, if a defendant is found not guilty, the case will be dismissed. This should not be the case.

Pleadings

E-Discovery LLC

OCTOBER 6, 2024

But, the Court found and held that there was no evidence that the defendants had read the emails after plaintiff’s termination. The Court rejected invasion of privacy and wiretap claims because there was no evidence that the employer had read the emails after the plaintiff was terminated. Shapiro’s post-termination emails.”

Evidence

Civil Litigation Brief

JUNE 19, 2025

We are looking at a case where - in no short measure - the judge was highly critical of the defendant's pleadings. They were described as "the very antithesis" of the paradigm urged upon pleaders by the guidance given in.

Pleadings

Practice of Law

SEPTEMBER 5, 2024

Let’s look at how prosecutors got evidence against them before diving into the appeal. Cloud Under Investigation Cloud was implicated in drug dealing through a series of investigative actions and evidence. Rap Lyrics Introduced as Evidence Watkins's wife, Kizzy Childs, testified at trial about the defendant’s good character.

Evidence

Civil Litigation Brief

MAY 14, 2025

In the previous post in this series I mentioned that there was a backlog. I didn’t anticipate that I would be looking at a case that was decided in 2009. However the judgment has recently arrived on BAILLI and it.

Pleadings

Legal Writing Launch

OCTOBER 4, 2024

Pleadings: Pleadings are the formal documents filed with the court that state party positions in a lawsuit, including complaints, answers, petitions, and motions. Lawyers use persuasive writing in pleadings, motions, and appellate briefs to convince the court to rule in their favor.

Objections

Civil Litigation Brief

JANUARY 15, 2025

In Packer v Packer [2025] EWHC 27 (Ch) HHJ Paul Matthews (sitting as a High Court Judge) considered issues of costs after a claimant had amended a Reply to withdraw an allegation of fraud. The judge did not accept the.

Pleadings

WA Bar News

JULY 10, 2024

If so, the court then decided whether the plaintiff could prove by clear and convincing evidence a probability of prevailing on the claim. An amended pleading re-triggers the 60-day period. In adjudicating the motion, the trial court was to determine whether the claim was based on an action involving public participation and petition.

Discovery

The 10b-5 Daily

JULY 3, 2023

” The attribution of a statement “is strong evidence that a statement was made by – and only by – the party to whom it is attributed.” ” But how does this analytical framework apply to a paraphrased statement from a corporate officer contained in an analyst report?

Pleadings

DAPHNE ALABAMA CRIMINAL DEFENSE BLOG

OCTOBER 5, 2023

They imagine that there is no option other than pleading guilty and believe that their guilty plea will likely mean they will face challenges for years to come. They may convince themselves that their only choice is to plead guilty. However, there is plenty of evidence that chemical breath tests can fail.

Pleadings

Valdosta Law Blog

SEPTEMBER 28, 2023

However, a surprisingly large percentage of those facing criminal charges in the United States opt to plead guilty. There is no guarantee of leniency from a judge just because someone pleads guilty.

Defense Strategy

Valdosta Law Blog

NOVEMBER 21, 2023

Many people find the idea of going to trial so intimidating that they give up without a fight and plead guilty right away. One of the most important is the right of discovery, which applies to the state’s evidence. A defense attorney can request access to any evidence that the state would present in court.

Discovery

DAPHNE ALABAMA CRIMINAL DEFENSE BLOG

DECEMBER 11, 2023

The officers then seize those drugs as evidence. Those facing drug charges in Alabama often worry that the state’s evidence will automatically lead to a conviction. Those facing drug charges in Alabama often worry that the state’s evidence will automatically lead to a conviction.

Evidence