In the last post, we discussed the challenges facing the Clean Power Plan in 2016. Only six weeks into 2016, the CPP suffered a setback. In a significant development, the U.S. Supreme Court entered a stay of implementation of the […]
Refusing to respond to discovery request. Failing to produce responsive documents. Answering questions on behalf of a witness at a deposition. Failing to participate in a pretrial scheduling conference. As every litigator knows, these tactics are all too common in […]
In December 2015, the United Nations Climate Change Conference held a historic climate change summit in Paris, France. At this highly anticipated meeting of world leaders, the conference of parties adopted the Paris Agreement, often referred to as a landmark […]
Every litigator is aware of, or should be aware of, Federal Rule of Civil Procedure 11 (“Rule 11”), a rule which has long been the subject of commentary and criticism. Rule 11 requires an attorney who presents a pleading, written […]
With approximately 200 federal and 2000 state fee-shifting statutes, numerous opportunities exist for a party to seek attorneys’ fees from an opponent. Many of these statutes require a party to be a “prevailing party” in order to recover fees. If […]
What Critical Steps Must States Take Immediately To Comply With The Clean Power Plan?
The 2015 Clean Power Plan (CPP) has a lofty goal: reduce existing power plants’ greenhouse gas emissions by over 30% by 2030—just 15 years. The first critical deadline for states is to file a plan by fall 2016, but government […]
Can Damage Caps on Medical Malpractice Claims Reduce Healthcare Costs After ObamaCare?
Since the Affordable Care Act was enacted in 2010, millions of Americans have access to medical care that had previously been unavailable. With that many more patients entering the nation’s clinics, hospitals, and emergency rooms, it stands to reason that […]