Civil litigation is a highly deadline-driven activity – statutes of limitation, discovery responses, notices of appeal. The “use it by a date certain or lose it” nature of all of these deadlines pushes the wheels of justice forward, steadily, if sometimes slowly. Over the past 48 hours, in response to the novel coronavirus, state and federal courts across the country have applied the brakes to the judicial system – canceling appellate arguments, postponing jury trials, and pushing out deadlines, sometimes potentially for months. In the short-term, the orders provide welcome relief for firms and clients coping with office closures and directives in many parts of the country to shelter in place. But the relief in many cases may be incomplete – in some instances, courts lack the power to relieve parties from jurisdictional deadlines. As illustrative examples, here we look at a series of orders, all effective March 17, 2020, from a federal court in Chicago, and from state courts in Illinois, California, and New York.
Continue Reading Blanket Deadline Extension Orders: Short-Term Relief and Jurisdictional Risks

Exposure to potentially harmful substances at some level is a fact of modern life. These substances are everywhere — in the air we breathe, in the food we eat, and in the water we drink — and many of these substances are naturally occurring. It is impossible to have zero exposure to all of them.

For both science and law, however, the issue is not whether someone has some detectable exposure. Rather, it is whether the dose was sufficient (in quantity and duration) to cause harm.

In a regulatory setting, the question posed is what level of exposure creates an unreasonable risk of harm. In a lawsuit, however, the alleged harm has already occurred, usually in the form of a disease that has many possible causes. The question is causation.
Continue Reading Seventh Circuit Ruling On Scientific Evidence Closes Some Doors But Opens Others

Over the past two years, Schiff Hardin partner Neil Lloyd has written a series of articles for Bloomberg BNA’s US Law Week focused on ways to decrease clients’ legal spend by more efficiently managing complex litigation.  In the latest article, published January 13, 2015, Lloyd discusses two strategies for more efficiently handling depositions of