Ace Up Your Sleeve

Not much help to you this semester 1Ls, but this tool is a great way of knowing which limited enrollment classes need to be snapped up in round one, and which can wait until later to add. Sometimes, you just can't turn the game theory off. But you can share!

Handout: Rule 56 Fun & Games

Hey everybody, here's a handout we'll fill in and discuss on Rule 56 in ASP tomorrow.

Sorry about the delay in posting those work product answers below. I'm working on the key, but I'm behind because I spent flyback week flying back places. Admittedly, the World Series has not helped you get the answers faster. Root hard for the White Six if you want it sooner rather than later. Seriously, I plan on posting them soon.

There was also an interesting e-discovery case in the Wall Street Journal today in the Money section. Morgan Stanley is facing criminal contempt charges in Florida for not turning over emails it knew should be produced. The paper also has its regular updates on the Vioxx trial in New Jersey. While not available on-line, these articles are available at Cafe Zeb.

Handout: Rule 26(b)(3) Problems

We'll be going over these numerous work-product problems in ASP tomorrow. You can download the questions here. I will also post some answers to these questions later this week right here.

Welcome Mod 6!

Glad to have you passing through the neighborhood. If you guys need anything, or would like to drop into the ASP class on Tuesday from 11:15-12:15, feel free to contact me or just show up!

For Your Information: Applying the Zubulake Standard

Judge Scheindlin's opinion applying the test is found at 216 F.R.D. 280 (use WestLaw or LEXIS).

The conclusion applies the findings of the factors to get 25 percent:

"The next question is how much of the cost should be shifted. It is beyond cavil that the precise allocation is a matter of judgment and fairness rather than a mathematical consequence of the seven factors discussed above. Nonetheless, the analysis of those factors does inform the exercise of discretion. Because the seven factor test requires that UBS pay the lion's share, the percentage assigned to Zubulake must be less than fifty percent. A share that is too costly may chill the rights of litigants to pursue meritorious claims. However, because the success of this search is somewhat speculative, any cost that fairly can be assigned to Zubulake is appropriate and ensures that UBS's expenses will not be unduly burdensome. A twenty-five percent assignment to Zubulake meets these goals."

Are you satisfied with this analysis?

For Your Information: eDiscovery Materials

A couple extra resources:

E-Confusion: Lack of rules on keeping, deleting electronic data has lawyers begging for national standards, The Recorder, May 23, 2005 Monday, NEWS; Pg. 1, 1718 words, Brenda Sandburg. You can get this article by going on LEXIS and searching through Legal News: By Jurisdiction: California. The article helpfully recaps the history of e-discovery issues and the federal judiciary's attempts to get a handle on the problem.

Williams v. Sprint/United Management Co., quite likely the latest e-discovery opinion (about six days old), D.Ka.

Handout: Answer to Rule 15 Problem

Here is a link to the answer to the fourth question on the class handout of Rule 15 questions. This answer includes advice on test writing, and contains everything you need to understand the answer (in case you lost the handout).

For Your Information: Who Will Be The Ninth Justice?

UPDATE UPDATE: Survey says... Harriet Miers. Curb your enthusiasm folks.

UPDATE: Judge Williams is still trading highest (last sale at 10.0), but the number two is now Judge Luttig (8.1). Rumor (and I by that I mean CNN) says that a nomination is coming on Monday, but it would appear that no decision insider is leaking the information for personal gain. On a side note, if the nominee is Judge Luttig, you can count me among the concerned.

TradeSports is running a futures market on court nominations. The exchange is updated as transactions occur here. The idea is that people with inside knowledge, or the ability to winnow the possibilities down, will buy futures contracts on the nomination and bid the price of that nominee's contract up. RIght now the leading candidate is Judge Karen Williams, but she's still only trading at about 1/10 the payoff on the contract. This indicates that, if the market is actually working, no one knows who the nominee will be... yet.

For Your Information: the Honorable Constance Baker Motley

The nation's first black woman to serve as a federal judge died yesterday. Her incredible story is a quick, motivating, and amazing read.

ALSO NOTE: Judge Baker made a guest appearance in the litigation arising from the Buffalo Creek disaster; see her appearance (and Gerald Stern's memories of her) on page 261.