Spoliation of Evidence

Author: Margaret M. Koesel
Publisher: American Bar Association
ISBN: 1590316223
Release Date: 2006
Genre: Law

This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.

ABA Journal

Author:
Publisher:
ISBN:
Release Date: 2001-01
Genre:

The ABA Journal serves the legal profession. Qualified recipients are lawyers and judges, law students, law librarians and associate members of the American Bar Association.

Truck Accident Litigation

Author: Laura Ruhl Genson
Publisher: American Bar Association
ISBN: 1590317602
Release Date: 2006
Genre: Law

Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.

Destruction of Evidence

Author: Jamie S. Gorelick
Publisher: Aspen Publishers Online
ISBN: 9780735545496
Release Date: 1995-12-31
Genre: Law

A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inferencethe tort of spoliationdiscovery sanctionsethics, androutine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the "potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policies" Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.

Preserving Electronic Evidence for Trial

Author: Ann D. Zeigler
Publisher: Syngress
ISBN: 9780128093665
Release Date: 2016-02-18
Genre: Computers

The ability to preserve electronic evidence is critical to presenting a solid case for civil litigation, as well as in criminal and regulatory investigations. Preserving Electronic Evidence for Trial provides everyone connected with digital forensics investigation and litigation with a clear and practical hands-on guide to the best practices in preserving electronic evidence. Corporate management personnel (legal & IT) and outside counsel need reliable processes for the litigation hold – identifying, locating, and preserving electronic evidence. Preserving Electronic Evidence for Trial provides the road map, showing you how to organize the digital evidence team before the crisis, not in the middle of litigation. This practice handbook by an internationally known digital forensics expert and an experienced litigator focuses on what corporate and litigation counsel as well as IT managers and forensic consultants need to know to communicate effectively about electronic evidence. You will find tips on how all your team members can get up to speed on each other’s areas of specialization before a crisis arises. The result is a plan to effectively identify and pre-train the critical electronic-evidence team members. You will be ready to lead the team to success when a triggering event indicates that litigation is likely, by knowing what to ask in coordinating effectively with litigation counsel and forensic consultants throughout the litigation progress. Your team can also be ready for action in various business strategies, such as merger evaluation and non-litigation conflict resolution. Destroy your electronic evidence, destroy your own case—learn how to avoid falling off this cliff Learn how to organize the digital evidence team before the crisis, not in the middle of litigation Learn effective communication among forensics consultants, litigators and corporate counsel and management for pre-litigation process planning Learn the critical forensics steps your corporate client must take in preserving electronic evidence when they suspect litigation is coming, and why cheerful neglect is not an option

Model Rules of Professional Conduct

Author: Center for Professional Responsibility (American Bar Association)
Publisher: American Bar Association
ISBN: 160442107X
Release Date: 2009-02-16
Genre: Law

The 2008 Edition of the Model Rules of Professional Conduct is an up-to-date resource for information on lawyer ethics. The Rules, with some variations, have been adopted in 48 jurisdictions. Federal, state, and local courts in all jurisdictions, even those that have not formally adopted the Rules, look to the Rules for guidance in resolving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions, and much more.

Moore s AnswerGuide Federal Discovery Practice

Author: The Law Firm of JENNER & BLOCK LLP Chicago
Publisher: LexisNexis
ISBN: 9781579113018
Release Date: 2012-05-19
Genre: Law

Moore's AnswerGuide Federal Discovery Practice answers your basic questions about discovery in federal civil cases, including topics such as privilege, discovery of electronically stored information, and discovery from nonparties. Reflecting the important rule amendments on time-computation effective December 1, 2009, this authoritative desk reference provides: • Succinct answers to major points of federal practice. • Expert analyses, strategic pointers, warnings, circuit split discussions, and other case-oriented insight. • Numerous checklists, providing step-by-step guidance for discovery procedures. • Hundreds of cross-references to Moore's Federal Practice, Bender's Federal Practice Forms, Federal Litigation Guide, and other sources for more detailed analysis and forms. AnswerGuide products are available in print and online and combine practical answers with guidance to relevant cases, codes, rules and in-depth analytical sources. In print, Moore's AnswerGuide Federal Discovery Practice serves as a portable practice resource for the federal litigator. Cites to case law, statutory and analytical cross-references are designed to bridge the gap between print and online sources, making in-depth research easier and more on-point than ever before.

Art of Advocacy Series Preparation of the Case

Author: David B. Baum
Publisher: LexisNexis
ISBN: 9781579112721
Release Date: 2018-01-12
Genre: Law

A planning guide that takes you from the moment the potential client steps into your office, through all aspects of case preparation, to the moment you step before the judge as an advocate. Covers in detail: • Initial client interview • Investigation of the case • Gathering evidence • Case organization • Initiating lawsuits • Preserving the attorney-client relationship • Retaining an expert • Preparation of demonstrative evidence • Final 100 days First published in 1981. 1 Volume; updated with revisions.

Modern Visual Evidence

Author: Gregory P. Joseph
Publisher: Law Journal Press
ISBN: 1588520277
Release Date: 1984
Genre: Law

This book shows you how to use and limit video, audiovisual and computer-generated evidence in tort, complex securities actions, infringement actions and any action involving expert witnesses."

The Attorney client Privilege and the Work product Doctrine

Author: Edna Selan Epstein
Publisher: American Bar Association
ISBN: 1590318048
Release Date: 2007
Genre: Attorney and client

The Attorney-Client Privilege and the Work-Product Doctrine has helped thousands of lawyers through this increasingly complex area. In addition to providing a comprehensive overview of the current law of the attorney-client and work-product immunities, the new edition includes many more case illustrations and contextual examples, as well as numerous practical tips and guidance. Practical, accurate, reliable and clear, this book is the ideal guide for a practicing litigator: intellectually rigorous, but without the theoretical and academic baggage that can make writing on this subject cumbersome and leaden.

Black s Law Dictionary

Author: Henry Campbell Black
Publisher: St. Paul, Minn. : West Publishing Company
ISBN: 031476271X
Release Date: 1990-01-01
Genre: Law

Provides definitions of basic legal terms and phrases used in various branches of law throughout English and American history

A Civil Action

Author: Jonathan Harr
Publisher: Vintage
ISBN: 9780307804785
Release Date: 2011-08-10
Genre: True Crime

This true story of an epic courtroom showdown, where two of the nation's largest corporations were accused of causing the deaths of children from water contamination, was a #1 national bestseller and winner of the National Book Critics Circle Award. Described as “a page-turner filled with greed, duplicity, heartache, and bare-knuckle legal brinksmanship by The New York Times, A Civil Action is the searing, compelling tale of a legal system gone awry—one in which greed and power fight an unending struggle against justice. Yet it is also the story of how one man can ultimately make a difference. Representing the bereaved parents, the unlikeliest of heroes emerges: a young, flamboyant Porsche-driving lawyer who hopes to win millions of dollars and ends up nearly losing everything, including his sanity. With an unstoppable narrative power reminiscent of Truman Capote’s In Cold Blood, A Civil Action is an unforgettable reading experience that will leave the reader both shocked and enlightened. A Civil Action was made into a movie starring John Travolta and Robert Duvall. From the Trade Paperback edition.

Sanctions The Federal Law of Litigation Abuse

Author: Gregory P. Joseph
Publisher: LexisNexis
ISBN: 9781579118518
Release Date: 2012-05-16
Genre: Law

Federal courts have issued thousands of fines - many in excess of $1,000,000 - against attorneys and parties engaging in litigation abuse. The record: $114,687,675 in attorney's fees and fines imposed for discovery abuse in Bush Ranch, Inc. v. E. I. duPont de Nemours & Co. (11th Cir. 1996) Make sure you know the law related to litigation abuse, as well as the latest changes that affect your practice, with Sanctions: The Federal Law of Litigation Abuse - a valuable resource for both judges and litigators. Gregory Joseph, one of the nation's most effective and experienced commercial litigators, sheds light on these difficult subjects for you by clarifying the issues and conducting a logical, step-by-step survey of sanctions law and its ramifications. Sanctions: The Federal Law of Litigation Abuse contains: • A current and comprehensive discussion of the law of sanctions, including Rule 11, Section 1927, Appellate Rule 38 and Section 1912, and the inherent powers of the court. • Thousands of critical cases that deepen the practioner's appreciation of the relevant on-point law and its interpretation. • Frequent comparison of the subjective focus of a sanction to its objective standard • Thorough discussion of the scope of each law, its construction and application, as well as procedural issues.