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Topic: Civil Procedure

Decision By Recusal: Comer v. Murphy Oil USA Let’s Naysayers and Disqualified Judges in the Fifth Circuit Determine the Outcome of a Case Without a Hearing

Alex B. Rothenberg | Note

The United States Court of Appeals for the Fifth Circuit held that disqualified judges must be counted to determine the number of judges required for a quorum; because half the judges could not participate due to recusal and one vacancy, the court could no longer hear the case en banc, nor could they reinstate the earlier panel decision. Comer v. Murphy Oil USA, 607 F.3d 1049, 1055 (5th Cir. 2010).

 

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Why the Beginning Should Be the End: The Argument for Exempting Postcomplaint Materials from Rule 26(b)(5)(A)’s Privilege Log Requirement

Douglas C. Rennie | Article

There is a state of uncertainty that is threatening to undermine the two most significant evidentiary protections in American jurisprudence: the attorney-client privilege and the work product doctrine. The Federal Rules of Civil Procedure require parties to explicitly assert privilege claims, usually by providing information about the privileged materials in the form of a “privilege log.” The Rules do not say whether this requirement applies to materials created or obtained after the filing of the complaint. But that is exactly when the attorney-client privilege and work product doctrine are most likely to protect not only the materials themselves, but also [...]

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