News & Publications

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 […]
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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 […]
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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 […]
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The Perils of Social Media in Litigation

“If you have something that you don’t want anyone to know, maybe you shouldn’t be doing it in the first place.” – Eric Schmidt, CEO of Google E-mail, texts, MySpace, Facebook, Twitter, LinkedIn, Flickr, Yammer, blogs and other social media sites are now mainstream methods of communication. Facebook claims it has over 800 million users. […]
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The Perils of Social Media . . . for Social Media Providers

If you subscribe to our newsletter, you know that recent issues have addressed the uses of social media in litigation, often to the detriment of social media posters. But it appears that litigation can also be perilous for social media providers. This fall, Facebook agreed to pay $20 million dollars to settle a class action […]
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Suing States, Counties and Cities: The Relationship Between “Ante-Litem” Notice Requirements and Pending Criminal Investigations.

“Ante litem” is a Latin term that means “before litigation.” In Georgia, state, county and city governments (and their departments and agencies) require claimants to send an “ante litem notice” before filing a lawsuit. The ante litem notice notifies the government of a victim’s claim and gives it the opportunity to investigate and resolve the […]
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Following up on “A Primer on Georgia’s Anti-Bullying Law”

A Washington State Superior Court judge recently ordered one of its school districts to pay $300,000 in damages for failing to protect a disabled child from bullying and sexual harassment. The judge ruled the school district was negligent in protecting the then 14-year-old student from bullying by fellow students. The student’s parents filed the lawsuit […]
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