As most attorneys involved in civil litigation are aware, Rule 26(b)(4) of the Federal Rules of Civil Procedure was amended in 2010 to “address concerns about expert discovery.” ADVISORY COMMITTEE NOTES TO 2010 AMENDMENTS. Specifically, the Advisory Committee was concerned about the “undesirable effects” of “routine discovery into attorney-expert communications and draft reports.” Id. Therefore,...

Courts may be willing to exercise jurisdiction over a foreign entity in a civil action based solely on a website that solicits sales throughout the United States without specifically targeting one state or its residents. Recently, a trial court denied a motion to dismiss by foreign entity defendant despite the fact that the foreign entity...

It is often lamented that the amount of liability that can be assessed to a defendant in a subrogation matter is inversely proportional to their ability to satisfy a judgment. The easier it is to prove a defendant is responsible, the higher the chances the defendant doesn’t have the coverage or assets to pay for...