Is Judicial Error A Superseding Cause That Can Defeat A Lawyer Malpractice Claim? IN THE NEWS: Defunct Dickstein Shapiro Escapes Patent Malpractice Suit, Indiana Recognizes New Malpractice Risk for Criminal Defense Lawyers, Kansas Supreme Court: No Cause of Action by Estate Administrator for Legal Malpractice in Estate Planning, Washington Court of Appeals: Attorney-Client Privilege Protects Against Motion to Compel in Legal Malpractice Case, Michigan Legal Malpractice Action Regarding WPA Lives to See Another Day, Legal Malpractice Claims Not Assignable to Adversary. Why Should Companies Care About Human Rights? Its apex is the strong competitiveness of American universities. He proposed … The then human resource minister accepted the findings, and the banks subsequently filed judicial reviews. Suite 201 The SNCC organized sit-ins to show their determination to win civil rights. Typically, the goal of an Apex deposition is not primarily to uncover information relevant to the litigation. It is very difficult for a party seeking an Apex deposition to convince the Court that a Rule 30(B)(6) deposition is not a less intrusive, but more effective way to attain whatever legitimate objectives the deposition seeks. The Federal Court has upheld the finding that two banks were engaged in union-busting activities by ‘promoting’ clerical staff to executives even though they were not given executive powers so that they can be excluded from the National Union of Bank Employees (Nube). The bank had promoted clerical staff to “Customer Relationship Representatives” and “Customer Service Executives” but their duties largely remained clerical, Nube said in a statement. The Chinese Exclusion Act of 1882 suspended Chinese immigration to the United States for 10 years and declared the Chinese as ineligible for naturalization. 6/15/2016 Required fields are marked *. the deposition of a high-ranking corporate officer. “It is significant that after industrial relations director-general decided for Nube, all three courts that heard the appeals from the banks had ruled that this was a case of disguised promotion aimed at depriving them of Nube membership. In summary, the common litigation tactic of seeking an Apex deposition can be effectively countered if counsel properly structures the opposing argument to show that the deposition is unlikely to advance the course of the litigation, but other less intrusive means are available which will serve legitimate purposes. Currently 1 million students from abroad are studying in the U.S., where both tuition fees and living expenses are high. The designated person must be educated by the company so that he can speak authoritatively on behalf of the company on the subjects listed. Kansas Supreme Court: No Cause of Action by Estate Administrator for Legal Malpractice in Estate Planning, 2/27/2013 Nativism and US Immigration, Past and Present Julia G. Young The Catholic University of America Executive Summary This paper surveys the history of nativism in the United States from the late nineteenth century to the present. Instead, opposition to an Apex deposition should focus on the fact that the deposition is likely to add nothing of value to the information exchange between the parties that is supposed to be the goal of the discovery process. Elmhurst, IL 60126 Indiana Recognizes New Malpractice Risk for Criminal Defense Lawyers, 3/13/2013 The court affirmed judgment on the plaintiff's claim that his attorney's negligence resulted in a deportation order and the failure to vacate it due to bad advice that plaintiff not personally appear as part of a purported strategy to "buy time" in his immigration case. All rights reserved. And his valuable time is being taken up with the matter. The federal cases demonstrate that the Apex doctrine was developed to combat the aggressive use of coercive depositions discovery against corporations by requiring that depositions of their highest-ranking corporate officials should not occur without a showing that the corporate official had specific, unique knowledge, and that the opposing party had made an initial attempt to obtain the relevant, necessary discovery through less intrusive means. A proper defense against an Apex deposition request is not to attempt to impress the Court with how important the corporate officer is, or how valuable his time is. Comment document.getElementById("comment").setAttribute( "id", "afc2d2961e86b9edaf07e72fcaba1135" );document.getElementById("f6d405be68").setAttribute( "id", "comment" ); Your email address will not be published. The Federal Court agreed that the “promoted” staff were never given any significant executive powers or duties befitting their new positions but were merely performing the same jobs as before. Then he argued that America no longer needed England's help, and that because England had attacked its colonies, it was no longer deserving of their loyalties. President Kennedy succeeded in passing a space program. Solomon said the two banks should also be called out by penalised by regulators for their conduct in the matter. Michigan Legal Malpractice Action Regarding WPA Lives to See Another Day, 1/9/2013 Is Judicial Error A Superseding Cause That Can Defeat A Lawyer Malpractice Claim? Instead, it seeks to exert pressure in an effort to leverage a better settlement, and to elicit testimony from a high-ranking officer that may be favorable, principally because the high-ranking officer has little or no firsthand information about the issue involved in the case. The court also ruled that the defendant's argument that the damages awarded for the harm resulting from plaintiff's 14 months in detention constitute non-pecuniary damages that are not recoverable in a legal malpractice action was unpreserved. A panel of the New York Court of Appeals has let stand a $1.25 million verdict against an immigration attorney in a legal malpractice action. Study Guide 9/26-29/2020 UNIT 8: CHANGE IS IN THE AIR LESSON 1: THE POLITICS OF CHANGE In 1961, the Soviet Union failed to take control of West Berlin. Legal Malpractice & Risk Management Conference in Chicago, IL. 10/4/2016 A panel of the New York Court of Appeals has let stand a $1.25 million verdict against an immigration attorney in a legal malpractice action. Dr M’s suit against Speaker, Deputy Speaker is non-justiciable, says counsel, Taiping-born esports gamer Aiman stateless no more, now officially a Malaysian days after 20th birthday, COVID-19 patients have constitutional right to vote – lawyers, Bersih. These “less intrusive means” can include interrogatories, document requests, and depositions of lower ranking officials who have direct knowledge of the matters in issue. In the landmark decision on Wednesday, the panel comprising Federal Court judges Rohana Yusuf, Mohd Zawawi Salleh, Abang Iskandar Abang Hashim, Idrus Harun and Nallini Pathmanathan dismissed the appeals by Bank Muamalat and Alliance Bank against the finding. An affidavit from the corporate officer as to his duties and responsibilities, and his lack of direct knowledge about the matters in controversy, coupled with informal correspondence from counsel sent to the opposing party suggesting alternative means to obtain the desired information, before the Court’s intervention was sought, is much more likely to be successful. It upheld Nube’s argument that the “promotions” were merely to alter the employees’ designation so that they were unable to be part of the union. 2/23/2017 After all, the judge who is going to rule on the matter thinks he’s pretty important, too. Nube first lodged a complaint about the matter to the Industrial Relations director-general. Indiana’s Trial Rule 26, which governs the scope and methods of discovery in litigation, allows a party to oppose a discovery request by showing the Court that: “(i) the discovery sought is unreasonably cumulative or duplicative, or is obtainable from some other source that is more convenient, less burdensome, or less expensive; (ii) the party seeking discovery has had ample opportunity by discovery in the action to obtain the information sought or; (iii) the burden or expense of the proposed discovery outweighs its likely benefit, taking into account the needs of the case, the amount in controversy, the parties’ resources, the importance of the issues at stake in the litigation, and the importance of the proposed discovery in resolving the issues.” This provision in Rule 26 is relatively new, but it was borrowed from the Federal Rules of Civil Procedure.
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