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American Bar Association

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

Courts Disagree on Federal Preemption of "Organic" Labeling

By Erin Louise Palmer

District court concludes that state consumer protection laws advance federal scheme.


Document Retention Policy Is No Excuse for Discovery Noncompliance

By Angela Foster

"Death penalty" discovery sanctions issued for repeated contempt of discovery orders.

Fees Incurred in Defending Fee Application Not Recoverable

By Catherine R. McLeod

SCOTUS says Bankruptcy Code does not exempt costs of fee-litigation from American Rule.


Red Bull Class Settlement Flies Despite Dilution of Class Recovery

By Onika K. Williams

Court approves a class action settlement with payout cap and ascertainability issues.

Civil Procedure »

Supreme Court Reminds Bar of Limits on Counsel's Duty to the Client

By Charles S. Fax

What happens when counsel dictates a petition and counsel signs it?

Tips from the Trenches »

How to Wow

By Nancy Scott Degan

Ten tips for becoming the litigator everyone listens to at meetings.

Appellate Practice »

Effective Oral Argument and Reflections on the Roberts Court

By Stephen Feldman and Lance Curry

The Appellate Practice Committee recently presented three CLE programs discussing these topics.


Technology for the Litigator »

Attorneys, Beware! Six Technology Traps to Avoid

By John F. O'Rourke and Trevor Roberts

When it comes to making mistakes with modern technology, prevention may be the only cure.

Business Torts & Unfair Competition »

How to Use the Rule 26(f) Conference to Avoid Data Dumps

By Kelly A. Frye

Courts have uniformly disapproved litigators drowning opposing counsel in useless data.

Woman Advocate »

What Litigators Can Learn from Actors

By Roxanna Augesen Manuel

A skilled advocate prepares, rehearses, and warms up before preforming to her audience—the jury.