Category Archives: Litigation

Treatise Update: Practitioner’s Deskbook on Evidence

Practitioner’s Deskbook on Evidence provides litigators with a comprehensive guide to evidence law and practice, combining analysis of the Federal Rules of Evidence and key case law with practical insights drawn from courtroom experience. Covering topics ranging from hearsay, expert testimony, and cross-examination to electronic evidence and evidentiary privileges, this resource helps practitioners navigate complex evidentiary issues with confidence.

Highlights of the update include:

Chapter 12, Impeachment and Rehabilitation, features a new discussion of the circuit court’s authority over a criminal defendant in particular appeals of trial court rulings

Chapter 13, Expert Testimony and Lay Opinion Testimony, provides an in-depth examination of State v. Nieves with particular focus on criminal prosecutions of aggravated assault and endangering the welfare of a minor

Chapter 16, Evidentiary Privileges, discusses United States v. Heppner, which dealt with artificial intelligence platforms and attorney-client or work product privileges

Order a print copy today.

Free Form of the Month

PLI PLUS offers unlimited electronic access to more than 4,500 downloadable, searchable, and editable legal forms ready for use in your practice. In an effort to highlight this unique content type, we’ve selected one form per month and made it available for anyone to download for free – no subscription required.

October’s free form:

Model Electronic Discovery Plan

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.

New Edition: Federal Bail and Detention Handbook 2026

Federal Bail and Detention Handbook covers the Bail Reform Act of 1984, including relevant statutory language, legislative history and appellate case law, and “Practice Pointers” for defense counsel and government attorneys to utilize. This treatise examines each step of the process, such as requirements at the initial appearance; factors courts consider in determining whether bail should be granted; conditions that may properly be attached to a release on bail; proper procedures to be taken when there is a failure to appear; and appeal of orders of release and detention.

Highlights of the new edition include the following new case discussions:

A Sixth Circuit panel’s decision to uphold a district court’s consideration of the current climate of political violence when determining the circumstances of a charged crime (Chapter 4, Factors the Court Considers)

The Seventh Circuit’s finding that an ICE detainer does not protect a defendant from detention (Chapter 6, Pretrial Detention)

The Tenth Circuit’s decision that a district judge’s order overrides a magistrate judge’s order, and subsequently that a court of appeals may not use a magistrate judge’s order to supplement an inadequate district judge’s order, specifically if the two orders differ on detention and release (Chapter 7, Orders of Release and Detention)

The Sixth Circuit’s finding of exceptional reasons to support release when the government recommends release, as noted in a novel case involving a veteran law enforcement officer (Chapter 12, Detention or Release After Adjudication of Guilt)

Order a print copy today.

New Treatise! Noncompete Agreements and Related Restrictive Covenants

Noncompete Agreements and Related Restrictive Covenants is an essential guide to navigating the legal patchwork of restrictive covenant laws. This newly published, digital only treatise provides a comprehensive review of the laws of restrictive covenants, broken down state-by-state. Written by and designed for practicing lawyers, each chapter spotlights a single state and includes key information on a range of topics.

Topics include:

Statutory references, if any, such as Alabama’s

Enforcement of restrictive covenants

Protectible interests, such as Georgia’s

Drafting considerations, such as Indiana’s

Special issues for specific occupations

Litigation considerations, strategies, and remedies, such as Nebraska’s

PLI PLUS subscribers can access this title through their subscription.

Free Form of the Month

February’s free form:

Information Security Agreement Template Provisions

More information about Legal Forms & Checklists:

Forms & Checklists Flyer – This flyer provides an overview of the forms & checklists on PLI PLUS and highlights a handful of popular examples.

Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

Don’t Miss PLI’s End of Year Sale!

Browse our collection today and save big now through the end of December!

Book Update: Product Liability Litigation: Current Law, Strategies and Best Practices (Second Edition)

Product Liability Litigation: Current Law, Strategies and Best Practices provides the comprehensive legal, technical, and strategic knowledge that can help maximize an attorney’s ability to prevail in consumer product liability cases. Addressing both plaintiff and defense perspectives, the book covers trends in product claims and defenses, strategies for managing and resolving product litigation, and particular issues and tactics that can arise in different types of product cases.

Highlights from the latest update:

Chapter 2, Recent Trends in Product Claims and Product Defenses, provides an updated discussion of artificial intelligence (Section 2:2.1); changes to the Federal Rules of Evidence and Civil Procedure (Section 2:3); public nuisance and product liability, including prescription opioids litigation, climate change litigation, and social media litigation (Section 2:4); class actions (Section 2:5); and personal jurisdiction (Section 2:6).
Chapter 4, Preemption Defenses, new discussion of over-the-counter products (Section 4:7); transportation of hazardous materials (Section 4:13.3).
Chapter 5, Defending Class Action Lawsuits, outlines the effects of the Bristol-Myers Squibb case on various federal circuit courts (Section 5:3.4).
Chapter 6, Litigation in Foreign Countries Against U.S. Companies, covers international privilege considerations (Section 6:2.2).
Chapter 7, Emerging Issues in Pharmaceutical Litigation, updated discussion of proposed Rule 16.1 of the Federal Rules of Civil Procedure (Section 7:2.1[A]); preservice removal (Section 7:2.1[B]); the learned intermediary doctrine (Section 7:2.2); the Anti-Kickback Statute (Section 7:4.1); opioid product enforcement (Section 7:4.2); speaker program enforcement (Section 7:4.5); litigation related to COVID-19 (Section 7:5.2) and litigation involving life sciences companies (Section 7:5.3).
Chapter 8, Recent Developments in Asbestos, Talc, Silica, Tobacco, and E-Cigarette/Vaping Litigation in the U.S. and Canada, discussion of consent by registration and the U.S. Supreme Court’s Mallory decision (Section 8:1.2[B]); new coverage of the Ennis class action (Section 8:4.1[C][3]); updates on Engle Progeny cases (Section 8:6.2); FDA “Deeming Regulations” (Section 8:8.1); Canada’s Vaping Products Reporting Regulations (Section 8:9.2); and a recent proposed class action in British Columbia (Section 8:9.3).
Chapter 9, Emerging Issues in Medical Device Litigation, new discussion of state law claims for failure to report adverse events (Section 9:1.2[E]); liability of sales representatives in fraudulent joinder contexts (Section 9:2.4); and 510(k) clearance evidence (Section 9:3.4).
Chapter 11, Emerging Issues in Food Law and Litigation, new discussion of the reasonable consumer standard (Section 11:4.2[B]).
Chapter 12, Regulating Cannabis Products, new discussion of rescheduling efforts under the Biden Administration (Section 12:2.2[B]); updated discussion of dual sovereignty (Section 12:2.6); traditional products liability claims (Section 12:3) and labeling class actions (Section 12:3.1).
Chapter 14, Emerging Trends: Smart Technology and the Internet of Things, covers updates on federal regulation of Internet of Things devices (Section 14:6.2).
Chapter 21, Class Action Settlements, new discussion of mass arbitrations (Section 21:3.3[D][6]).
Chapter 22, Mass Tort Settlement Strategies, includes opioids settlements involving states and their subdivisions (Section 22:6).
Chapter 26, Expert Evidence—Law, Strategies and Best Practices, covers post-Daubert decisions (1993 to 2000) (Section 26:2.4), 2023 amendments to Federal Rule of Evidence 702 (Section 26:3); new discussion of MDL litigation involving ranitidine (Section 26:8.1).
Chapter 28, Statistical Evidence in Products Liability Litigation, new discussion of litigation over the drug atorvastatin (Section 28:5.4); recent cases involving meta-analyses (Section 28:8.5); and multiple testing (Section 28:10).
Chapter 32, Spoliation of Product Evidence, new discussion of Federal Rule of Civil Procedure 37(e) and the spoliation inference sanction regarding electronically stored information (ESI) (Section 32:6.2[D][2]).
Chapter 34, How to Win a Dismissal When the Plaintiff Declares Bankruptcy, contains an updated table of cases seeking summary judgment or dismissal based upon judicial estoppel and/or lack of standing, organized by jurisdiction (Appendix 34A).
Chapter 36, Preparing for the Appeal, updated case citations throughout the chapter.