This case analyzes a claim of a conflict of interest with a former client.
The plaintiff accused an employee of the defendant of burning down his warehouse, and the defendant moved for SJ on liability. Then did it again on standing and damages.
This case was filed as a collective action under the Fair Labor Standards Act, 29 U.S.C. § 201 et seq. and also asserted individual claims for retaliation. It’s particularly useful because it addresses a motion for partial summary judgment as to the individual retaliation claim, and takes the form of a report & recommendation by the magistrate judge, which was affirmed by the district judge. I have attached both orders to the analysis below.
I had an old law school professor tell me once that the number one thing most lawyers wanted to know about federal court was how to get out, and thus if I really wanted to make friends I should focus on removal and remand in my “federal update” papers. I then had an even older partner once tell me that it’s a fool’s errand to try to persuade a judge that they made a mistake.
Thus a case in which a party not only succeeded in getting out of federal court via a successful remand, but by way of convincing a court that its prior order denying remand was erroneous would be of interest, no? Well, that’s what we have in this case arising out of a fatal Florida auto accident
Plaintiff sought to compel the defendants to produce information regarding their post-incident investigation. Judge Crone granted the motion in part, as set forth below, and provides a useful analysis of some not often encountered exceptions (and exceptions to exceptions) to the attorney work product doctrine dealing with witness statements.