Legal Research

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Tuesday, August 25, 2009
By Christopher Dunn

" Christopher Dunn, the associate legal director of the New York Civil Liberties Union, writes: Arbor Hill and Simmons spell trouble for civil rights litigators. The suggestion that fee awards should be based on what the client would actually pay the lawyer, taking into account issues like the lawyer's willingness to work pro bono or the nonmonetary benefits that the case might yield, poses a substantial threat to fees awards in cases brought by public-interest organizations and private lawyers with pro bono practices. These organizations and practitioners always are prepared to represent clients for free, but this cannot be a basis for reducing or eliminating their fee awards. Indeed, the very purpose of statutes authorizing the award of attorney's fees is to encourage exactly this type of representation."

Condemnation and Tax Certiorari
Tuesday, August 25, 2009
By M. Robert Goldstein and Michael Rikon

"M. Robert Goldstein and Michael Rikon, partners of Goldstein, Goldstein, Rikon & Gottlieb, write that the U.S. Supreme Court has recently granted certiorari to the Florida Supreme Court in a claimed takings case which has an unusual twist to it - the basis for the claimed inverse condemnation is a decision of Florida's highest court interpreting the state's law of real property. It is clear that the land use community, which usually follows this type of application, was totally surprised that it was granted. After all, what the highest court of a state says is the law relating to its real estate is the law, by definition. So why did the U.S. Supreme Court take the case?"

OUTSIDE COUNSEL:

Establishing Proximate Cause in a Volatile Market Environment
Tuesday, August 25, 2009
By Steven A. Beckelman and Daniel P. D'Alessandro

"Steven A. Beckelman, a partner at McCarter & English, and Daniel P. D'Alessandro, an associate at the firm, write: In the current economic environment, claimants in litigation arising from the decline in value of financial assets, including real estate-related assets, will need to overcome the argument that market conditions in the economy as a whole or in a particular industry sector as opposed to any fault of the defendants caused the loss."

TECHNOLOGY TODAY:

Spoliation Leads to Severe Sanctions in Recent Cases
Tuesday, August 25, 2009
By H. Christopher Boehning and Daniel J. Toal

"H. Christopher Boehning and Daniel J. Toal, partners at Paul, Weiss, Rifkind, Wharton & Garrison, review two recent cases that make it clearer than ever that parties who shirk their obligations to preserve and produce ESI do so at great peril. In one, the court precluded the wrongdoers from asserting their affirmative defense during the remainder of the case and went on to grant summary judgment for plaintiffs on all claims. In the other case, still ongoing, the judge held that default judgment was not warranted but concluded it would "fairly compensate" plaintiff to grant an adverse-inference instruction to the jury concerning the spoliated evidence, a serious blow to the prospects of the defendant."