Book Review
| Publication year | 2013 |
| Pages | 52 |
| Citation | Vol. 26 No. 6 Pg. 52 |
November, 2013
BUSINESS AND COMMERCIAL LITIGATION IN FEDERAL COURTS, THIRD EDITION
Michael D. Zimmerman.
In 2008, 1 reviewed the Second Edition of an excellent treatise titled Business and Commercial Litigation in Federal Courts. I recommended the series because I found it to be extremely helpful in its handling of both substantive and practical issues. It is the only series of its kind, addressing exclusively commercial litigation in the federal courts. It is also unique in that it emphasizes the interplay between the substantive law and rules of procedure. As a result, it offers outstanding guidance to new and experienced litigators alike. Any litigator, no matter how many years of practice were under his or her belt, could turn to this treatise for advice in navigating the logistics of federal practice through every stage of the process.
The editors of the series have recently released a Third Edition, in every way equal or superior to the Second Edition. The Third Edition updates the Second Edition and adds thirty-four new chapters on subjects affecting commercial litigators today. The authors are notably neutral in their presentation, of equal value to both plaintiff and defendant. The authors share their insights garnered from years of practice, the result of which is both a research tool and an idea source.
The treatise is truly a "how-to" guide for the development of a federal commercial or business case. The first half of the series begins with chapters on fundamental legal concepts like jurisdiction and venue, and then moves to the practicalities involved at every stage of litigation. It includes chapters on the investigation of a case, case evaluation, preparation of pleadings, removal, all aspects of discovery, motion practice, pretrial, jury selection, all aspects of trial, jury instructions, remedies and damages, post-trial motions, attorney fees, sanctions, appeals, and enforcement of judgments. New chapters have been added on internal investigations, comparison with state courts, coordination of litigation in state and federal court, and international arbitration. For any new litigator, the treatise is a gold mine for the practicalities of maneuvering through a case. For an experienced litigator, the treatise offers insight and advice on the nuances of handling any case within a particular subject area, as well as strategic tips.
The treatise aspires to be...
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