Kathryn C. Cole | GreenbergTraurig Prior posts have discussed sanctions generally, as well as decisions analyzing the particulars of the operative rules (see November 2024 and December 2023 posts), but today’s blog discusses considerations for when, during a litigation, is the proper time to file a spoliation motion. District Judge Iain Johnston’s1 decision in Groves, Inc. v R.C. Bremer Marketing Associates, et al.… Continue reading Know Your Judge: Considerations For When To File A Spoliation Motion
Category: Construction Law
Account for Everyone Involved in Remote Depositions
Esquire Deposition Solutions Last week’s blog recounted the story of a litigator surprised by the unannounced, off-camera presence of the witness’s mother in the room during her son’s remote deposition. That should never have happened and, in modern practice, it most likely would not, due to the increasing prevalence of remote deposition protocols in pretrial discovery… Continue reading Account for Everyone Involved in Remote Depositions
Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
Michael O’Donnell, Matthews A. Florez, Kori Pruett and Shelley Wu | Riker Danzig What You Need to Know Introduction In a recent case from the New Jersey Appellate Division, the Court remanded an order granting summary judgment, finding that the record contained disputed material facts where a property owner contested a homeowners’ association’s authority to… Continue reading Summary Judgment Remanded Due To Disputed Facts On HOA’s Right To Enforce Building Restrictions
When Mere Objections Are Not Enough
Esquire Deposition Solutions It’s a common practice during a deposition for lawyers to assert legal objections to witness testimony but then allow the deposition to proceed. In fact, this practice is broadly encouraged. Depositions are wide-ranging pretrial inquiries that should, under normal circumstances, continue to their conclusion regardless of arguable legal errors that might have… Continue reading When Mere Objections Are Not Enough
Preparing Witnesses for Today’s Remote Depositions
Esquire Deposition Solutions Depositions can be stressful affairs. For many witnesses, depositions are a once-in-a-lifetime plunge into the unknown with a lot riding on their testimony. Sitting in a room full of strangers, listening to lawyers argue over barely understood matters, with a court reporter taking down every word, it’s easy for even the most… Continue reading Preparing Witnesses for Today’s Remote Depositions