Topic
Discovery Violations
77 published works
Discovery Advocate
Client and Counsel Sanctioned More Than $2.5 million for ‘Amateur Hour’ Discovery Ineptitude
By Edward J. Jacobs, David Choi, Rita Hechmer
Practical Insight This case is a cautionary tale for the attorney who may know to say all of the right things when it comes to modern discovery practice but, in…
eDiscovery Today Blog
Plaintiffs’ Counsel Responsible for Fees for Violating Protective Order: eDiscovery Case Law
By Doug Austin
In the case In re HomeAdvisor, Inc. Litig., Special Master Maura R. Grossman granted in part and denied in part defendants’ motion for sanctions against plaintiffs for violating a protective…
eDiscovery Today Blog
Vendor Error Causing Late Production Doesn’t Warrant Sanctions, Court Rules: eDiscovery Case Law
By Doug Austin
In Fluor Fed. Sols., LLC v. BAE Sys. Ordnance Sys., Inc., Virginia Magistrate Judge Robert S. Ballou declined to award sanctions against the defendant because of its vendor error causing…
Tort Talk
Motions For Sanctions Are Not Designed to Test The Veracity of a Party's Discovery Responses
In the case of Morel v. Patt, No. 2021-C-0506 (C.P. Leh. Co. July 17, 2022 Caffrey, J.), the court found that the court granted in part and denied in part…
Hanzo Blog
Share your voice in the 2022 Hanzo + ACEDS Collaboration Data Benchmark Survey
With the recent ruling in Red Wolf Energy v. BIA Capital Mgmt. where a judge awarded a default judgment sanction against the defendants for "repeated" discovery misconduct, including failing to…
FCPA Professor
Ng Trial Paused As DOJ Acknowledges Its Own “Inexcusable” Discovery Error
By Mike Koehler
As discussed in this prior post, judicial findings of prosecutorial misconduct or other mishaps have been an all too frequent feature in contested individual Foreign Corrupt Practices Act enforcement actions.…
On Point
COA holds discovery violation harmless, rejects spoliation claim
By Wisconsin State Public Defender
State v. Jacky Lee, 2020AP1633, 7/27/21, District 1 (one-judge decision; ineligible for publication); case activity (including briefs) The state arrested Lee for second-offense OWI and PAC violations. The intoximeter breath…
eDiscovery Today Blog
Court Dismisses Criminal Case Over Speedy Trial Concerns, But Without Prejudice: eDiscovery Case Law
By Doug Austin
In U.S. v. Morgan, New York District Judge Elizabeth A. Wolford, while noting that “the government has mishandled discovery in this case” and that “the statutory speedy trial clock has…
SCOV Law
Monthly-ish Update: February 2021 +
By Andy DelaneyWhile I write these up weekly, I don't always post them. Hence, once again, we have a month and change to run through today. Let's get to it. One…
Legal Profession Blog
New York Suspends Former Prosecutor For Discovery Violations
A former Suffolk County prosecutor has been suspended for two years by the New York Appellate Division for the Second Judicial Department for violations of discovery obligations in a felony…