Topic
Discovery Violations
77 published works
Legal Profession Blog
Wipe And Delete
The California State Bar Court Review Department has recommended a 30-day suspension and probation for misconduct in a fee request made by an attorney who brought a class action against…
Chicago IP Litigation
Damages Expert Opinion Relying Upon Late-Produced Evidence Excluded
Loggerhead Tools, LLC v. Sears Holdings Corp., No. 12-CV-9033, Slip Op. (N.D. Ill. Sep. 20, 2016) (Darrah, J.). Judge Darrah granted plaintiff Loggerhead’s Fed. R. Civ. P. 37 motion to…
Legal Profession Blog
Prosecutor’s Open File Policy Extends To Sentencing Phase
In a remarkable and potentially significant decision, the Nevada Court of Appeals has held that a policy of open-file discovery extends to information obtained by the prosecutor after conviction and…
Legal Profession Blog
Rambow Tactics Get Lawyer Disbarred
The Minnesota Supreme Court has disbarred attorney Paul RambowRambow’s extensive misconduct resulted in significant harm to clients, the public, and the legal profession. At least 23 client matters were involved…
EvidenceProf Blog
Another Case, Another Dr. Rodriguez Report…and the Prosecution’s Failure to Turn it Over
By Colin Miller
Yesterday, I posted an entry about Dr. William Rodriguez preparing a report in a case that bore striking similarities to the Adnan Syed case. In today's post, I will discuss…
Legal Profession Blog
Vitamin D And Bar Discipline
An oral argument scheduled today is summarized on the web page of the Ohio Supreme CourtThe Board of Professional Conduct recommends the Ohio Supreme Court suspend Dayton attorney John Scaccia…
North Carolina Business Litigation Report
NC Business Court Puts Teeth In Protective Order
I've never thought much about the consequences of the violation of a Protective Order. In fact, before last week's Business Court ruling in Out of the Box Developers, LLC v.…
Legal Profession Blog
Notes Destroyed, Conviction Reversed
The New Jersey Supreme Court has held that a state prosecutor's office violated its post-indictment discovery obligations when its investigator destroyed his notes of a two-hour pre-interview of a defendant.Further,…
New York Commercial Division Round-Up Blog
First Department Upholds Commercial Division Decision Striking Parties’ Answer And Entering Default Judgment As A Sanction For Discovery Violations
In Suffolk P.E.T. Mgt., LLC v. Anand, 2013 NY Slip Op 02335 (First Dep’t April 4, 2013), the Appellate Division, First Department affirmed an Order by the Supreme Court, New…
Ohio Appellate Insights
Merit Decision. Requiring the Least Severe Sanction for Discovery Violations Applies to the State As Well As to the Defense. State v. Darmond.
Update: Read here what happened to this case when it was remanded. On March 21, 2013, the Supreme Court handed down a merit decision in State v. Darmond, 2013-Ohio-966. In a…