Author: Publisher:
ISBN:
Category :
Languages : en
Pages : 110
Book Description
Eaton Corporation V. Appliance Valves Corporation
Author: Eaton Corporation V. Appliance Valves Corporation
Author: Business Torts Litigation
Author: Ann E. GeorgeheadPublisher: American Bar Association
ISBN: 9781590314845
Category : Law
Languages : en
Pages : 366
Book Description
"A litigator's guide to current business torts law, this book provides a concise review of - or introduction to - the important issues, general rules, and major exceptions to the rules in each of the major business torts subjects areas, along with practical guidance through the situations you are likely to encounter in assessing, preparing and presenting a case."--BOOK JACKET.
The Organizational Contract
Author: Stefan GrundmannPublisher: Routledge
ISBN: 1317022181
Category : Law
Languages : en
Pages : 384
Book Description
This book introduces and develops the paradigm of the organisational contract in European contract law. Suggesting that a more radical distinction should be made between contracts which regulate single or spot exchanges and contracts that organize complex economic activities without creating a new legal entity, the book argues that this distinction goes beyond that between spot and relational contracts because it focuses on the organizational dimension of contracting and its governance features. Divided into six parts, the volume brings together a group of internationally renowned experts to examine the structure of long-term contractual cooperation; networks of contracts; knowledge exchange in long-term contractual cooperation; remedies and specific governance rules in long-term relationships; and the move towards legislation. The book will be of value to academics and researchers in the areas of private law, economic theory and sociology of law, and organizational theory. It will also be a useful resource for practitioners working in international contract law and international business transaction law.
Electronic Evidence
Author: Paul R. RicePublisher: American Bar Association
ISBN: 9781590313091
Category : Law
Languages : en
Pages : 420
Book Description
This book provides practical and often non-intuitive suggestions on the creation, preservation, collection, and strategic use of electronic evidence.
Kaczmarek V. Allied Chemical Corporation
Author: Henco, Inc. V. Brown
Author: Destruction of Evidence
Author: Jamie S. GorelickPublisher: Wolters Kluwer
ISBN: 0735545499
Category : Law
Languages : en
Pages : 544
Book Description
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 inference the tort of spoliation discovery sanctions ethics, and routine 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 andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; 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.
Holmes Group, the federal circuit, and the state of patent appeals
Author: United States. Congress. House. Committee on the Judiciary. Subcommittee on Courts, the Internet, and Intellectual PropertyPublisher:
ISBN:
Category : Law
Languages : en
Pages : 240
Book Description
Spoliation of Evidence
Author: Margaret M. KoeselPublisher: American Bar Association
ISBN: 9781590316221
Category : Law
Languages : en
Pages : 372
Book Description
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.