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American Bar Association

Litigation News: News, Analysis, and Publications from the ABA Section of Litigation
Top Stories »

Statutory Cap on Punitive Damages Deemed Unconstitutional

By Onika K. Williams

Punitive damages cap invalidated on state constitutional grounds.


Constructive Discharge Claim Accrues When Employer Retaliates

By Daniel Elms

Employer retaliation—not employee resignation—triggers constructive discharge claim.

Service via Facebook Permitted as "Best Chance" of Actual Notice

By Brian Zemil

Court okays substitute service via social media profile.


Court Compels Production of Privileged Documents to Shareholders

By Caitlin Haney

Allegations of wrongdoing abrogate attorney-client privilege and work product protection.

Civil Procedure »

Proposed Changes to Federal Rules Prompt Pushback

By Charles S. Fax

Proposed Rule 37(e) promises to bring rationality and consistency to the developing law of spoliation.

Tips from the Trenches »

Practical Advice from a Practical Lawyer

By Nancy Scott Degan

An experienced lawyer distills 30 years into 10 tips.

Appellate Practice »

Raising Issues on Appeal: Fewer Is Not Always Better

By Paul Mogin

It is unwise to presume that the issues to be briefed on appeal should number no more than three or four.


Young Advocates »

Three Strategies to Becoming a Legal Rainmaker

By Steve Fretzin

Advice from a seasoned lawyer.

Professional Services Liability »

Taking Preventive Care to Avoid Legal-Malpractice Suits

By Saleel V. Sabnis

Recognize malpractice risk and implement prevention procedures.

Environmental Litigation »

Lawyers Can't Be Luddites

By Bill Kammer

Times have changed, and lawyers must adapt their technology practices.