Recent Developments

1st Circuit Addresses Motion for Summary Judgment Practice
5th Circuit Addresses Appeal of MSJ
5th Circuit Addresses Defendant's Aggravation of a Pre-existing Condition
Deposition Conduct
E-Discovery and Amended FRCP

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1st Circuit Addresses Motion for Summary Judgment Practice
Bolad
v.
West Feliciana Parish Police Jury

The 1st Circuit recently held affidavits and depositions filed in the record in connection with a motion for summary judgment may be considered in connection with the motion whether filed with the motion or a memorandum. Documents that are unsworn, unverified, not admitted by both parties, and not attached to any affidavit or deposition, are not admissible on the motion.
___So.2d___ (1st Cir. 2004)

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5th Circuit Addresses Appeal of MSJ
Ware
v.
Mumford

The 5th Circuit recently held Code of Civil Procedure article 1915 does not take precedence over Code of Civil Procedure article 964. Therefore, a court’s refusal to render a judgment on the pleadings or a summary judgment is not appealable.
____ So.2d ____ (5th Cir. 2004)

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5th Circuit Addresses Defendant’s Aggravation of a Pre-existing Condition
Thibodeaux
v.
Stonebridge, L.L.C.

The 5th Circuit recently held a defendant whose conduct aggravates a pre-existing condition is liable to the victim for the full extent of the aggravation, including additional suffering caused by inappropriate medical treatment.
873 So.2d 755 (5th Cir. 2004)

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Deposition Conduct

Act 365 of 2004 amends Code of Civil Procedure article 1443 to:

(1) require that counsel conduct themselves in a deposition as in open court, subject to punishment form contempt for failure to do so;
(2) require that objections be stated concisely and in a non-argumentative and non-suggestive manner;
(3) make it clear that counsel may not instruct a deponent not to answer except in those situations described in article 1443(D); and
(4) make it clear that certain objections, such as to the form of the question, are waived if not seasonably made at the deposition.

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E-Discovery and Amended FRCP

On December 1, 2006, a number of amendments to the Federal Rules of Civil Procedure went into effect.  The amendments primarily addressed issues regarding the discovery of electronically stored information.  Videos, digital pictures and images, emails, text messages, instant messages, website trails, temporary internet files, backup tapes, and flash drives all fall into this category.  The amendments to the Federal Rules are critical because this type of information can be, and often is routinely, erased.  This article will provide a brief summary of the amendments to the rules, address attorney/client privilege implications, and provide recommendations for clients aimed at preventing potential issues dealing with e-discovery. Read More>