News & Publications

Kroger’s “Simple Truth” Branding Not So Simple, or Truthful

By David S. Fried Kroger is the largest supermarket operator in the US. After Kroger determined its consumers wanted the ability to choose more organic and humane foods, they introduced their “Simple Truth” premium-priced store brand of chicken. Kroger touts its “Simple Truth” chickens as “cage free” and raised in “a humane environment.” But Kroger […]
Read More

Conditional Response To Discovery Request May Result In Waiver Of Objections

By Joseph A. White It is common practice for litigators to respond to discovery requests by reciting a litany of objections, followed by a conditional response: “Subject to and without waiver of the foregoing objections, defendant will produce non-privileged, responsive documents….” This practice serves a legitimate purpose: allowing responding parties to substantively respond to discovery […]
Read More

#X

By David S. Fried Texting & Driving…it can wait has launched a campaign to help people resist the urge to text while driving. A new survey by AT&T and Dr. David Greenfield, a professor and founder of the Center for Internet and Technology Addiction, found that drivers almost universally agree that texting while driving is […]
Read More

Old Dogs Need New Tricks for Depositions

By Scott L. Bonder Most depositions are straightforward affairs with a lot of “objections to form” from the lawyer defending the deposition. Many, however, involve some number of objections used to remind witnesses to refrain from guessing, make sure they understand the question, and a host of other relatively benign, though technically improper, means of […]
Read More

Using Rule 68 as a Sword in Federal Litigation

Rule 68 of the Federal Rules of Civil Procedure is designed to encourage settlement and avoid litigation and its associated costs. The rule permits a defendant to allow the plaintiff to take judgment against it for a specified amount, plus costs then accrued. The plaintiff has fourteen (14) days to accept the defendant’s offer. If […]
Read More

The Public Duty Doctrine from the Plaintiff’s Perspective: Misfeasance (Good) v. Nonfeasance (Bad)

By David S. Fried The “public duty doctrine” generally prevents individuals who receive public services, like police protection, from suing the government for failing to provide those services. The public duty doctrine holds that the government owes duties to the public at large, not to individual citizens. Consequently, the government cannot be held liable for […]
Read More