Topic
Discovery Violations
77 published works
For Good
Proskauer Represents Forensic Scholars in Successful Amicus Brief Overturning Wrongful Conviction After 40 Years
By Mark Harris, Nicollette R. Moser
On August 24, 2020, the United States Court of Appeals for the Fourth Circuit, sitting en banc, reinstated defendant Ronnie Long’s petition for a writ of habeas corpus, challenging his…
eDiscovery Today Blog
Court Sanctions Defendants and Their Counsel for Rule 26(g) Attorney Certification Violations: eDiscovery Case Law
By Doug Austin
In Optronic Tech., Inc. v. Ningbo Sunny Elec. Co., Ltd., California Magistrate Judge Virginia K. DeMarchi granted in part and denied in part the plaintiff’s motion for sanctions pursuant to…
Drug & Device Law
Seventh Circuit Nixes Negligent Misrepresentation Claim Premised on Alleged Discovery Violation in Prior, Settled Case
When a lawsuit settles, both sides get something. When one of our cases settles, one of the things we get is a raft of mixed emotions. Undeniably, there is a…
Legal Profession Blog
After Non-Cooperation And Suspension, Reprimand
A public reprimand from the Indiana Supreme Court on these factsIn early 2013 Respondent, who is a partner in a Cincinnati law firm, entered an appearance on behalf of a…
Delaware Corporate & Commercial Litigation Blog
Chancery Describes Penalties Available for Discovery Violations
The Court of Chancery recently explained the public policy reasons for enforcing discovery rules and scheduling deadlines, as well as explaining the types of penalties available for failure to comply…
Legal Profession Blog
Suspension, Probation Recommended For Withholding Exculpatory Evidence
The California State Bar Court Review Department recommends suspension of six months and probation for a prosecutor's discovery violation.Sandra Lee Nassar, a deputy district attorney in the Orange County District…
Legal Profession Blog
Reconsidered
A stipulated public reprimand imposed by the Wisconsin Supreme CourtAttorney Fulkerson has been the subject of professional discipline on one prior occasion. In 2015 she consented to the imposition of…
Legal Profession Blog
Return Of The Fortune Cookie
The failure to supplement discovery responses regarding surveillance of the plaintiff in an accident case was sanction-worthy conduct in an opinion of the West Virginia Supreme Court of Appeals affirming…
Legal Profession Blog
In His Own Words
The Cleveland Metropolitan Bar Association has filed a complaint alleging that an attorney deliberately ignored discovery obligations in a civil matter.The evidence?Respondent's client taped him without his knowledge when he…
Legal Profession Blog
Sanctions But Not Dismissal For Discovery Response “Embedded In Large Amounts Of Otherwise Irrelevant Documents”
The plaintiff in a legal malpractice case was sanctioned by the New York Appellate Division for the First Judicial Department for e-discovery misconduct.The trial court dismissal with prejudice was too…