Second Circuit Sets State of Mind and Burden of Proof Requirements for Sanctions Under FRCP 37(e)(2)
Nearly ten years ago, amended Federal Rule of Civil Procedure 37(e) went into effect with the aim of establishing clear guidelines and a new standard on allowable sanctions for spoliation of ...
On December 26, 2024, in an Order entered “at the direction of the Court,” the Fifth Circuit Court of Appeals vacated its own stay of District Judge Amos Mazzant’s nationwide injunction of the ...
The 9th Circuit, disagreeing again with the 2nd, 3rd, 5th, 6th, and 11th Circuits, reaffirmed that claims under Section 14(e) of the Exchange Act do not require a showing of scienter. In the 9th ...
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