The Compass

The Compass

Charting Business and Technology Litigation in North Carolina and the Fourth Circuit

Category Archives: Federal Rules of Civil Procedure

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The New Rule 37(e) Pushes Forward

Posted in Data Security, Discovery, Federal Rules of Civil Procedure
The proposed revision of Rule 37(e), which recently cleared another hurdle in the rulemaking process, could dramatically limit the exposure companies face from spoliation claims. It may also go too far. The current version of Federal Rule of Civil Procedure 37(e) provides that parties who do not appropriately preserve documents related to litigation may face… Continue Reading

Fourth Circuit Weighs in on Supreme Court’s Class Action Decision in Walmart v. Dukes–or Does It?

Posted in Class Actions, Federal Rules of Civil Procedure, Fourth Circuit
In the Fourth Circuit’s recent decision in Scott v. Family Dollar Stores, the concurrence and dissent sharply disagreed about the significance of the majority opinion.  Depending on which opinion you read, Family Dollar is either a sweeping reinterpretation of the Supreme Court’s class action decision in Wal-Mart v. Dukes or a narrow holding reiterating the… Continue Reading

Tick Tock: the Pendulum Swings Back to a World of Proportional Discovery

Posted in Discovery, Federal Rules of Civil Procedure, NC Rules of Practice and Procedure
The Colorado Supreme Court’s recent holding in DCP Midstream, LLP v. Anadarko Petroleum Corp. — that trial courts must actively manage discovery in their cases — may be a harbinger of the new normal in discovery practice.  The opinion is the latest example of the inexorable shift away from the liberal, all-you-can-eat discovery mindset back to… Continue Reading

The Gamble That Didn’t Pay Off: You Have Only One Chance to Get Into Federal Court

Posted in Federal Rules of Civil Procedure, Fourth Circuit
In a race to the courthouse, your opponent files first in a distant state court. You want to be in federal court—but preferably in your home district, not in your opponent’s district. Do you gamble and file a competing federal suit in your backyard—hoping that your later filed suit will get to verdict first—or take… Continue Reading

A Short Primer on Amending Patent Contentions in the EDNC

Posted in Federal Rules of Civil Procedure, Patents
Under the EDNC Patent Rules, as well as similar local patent rules across the country, parties must exchange infringement, non-infringement, and invalidity contentions during the initial phases of the case — often before the parties have a clear understanding of all the issues in the case and before a claim construction hearing. In a recent ruling… Continue Reading

Advisory Committee Discusses Major Changes to Federal Discovery Rules

Posted in Discovery, Federal Rules of Civil Procedure
The Advisory Committee on Civil Rules for the Judicial Conference of the United States is considering major changes to the discovery process in federal civil cases.   The changes to the Rules currently being discussed would restrict the scope of discovery and place stricter limits on the number of discovery requests parties can serve.  On… Continue Reading
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