Topic
Discovery Violations
77 published works
White Collar Crime Prof Blog
Weyhrauch Mail Fraud Case Finally Dismissed
By Ellen Podgor
As noted here (KTUU.com, Weyhrauch Gets Fine, Probation in Corruption Case Plea) and also Becky Bohrer, Anchorage Daily News (AP),Weyrauch Gets Suspended Jail Sentence, $1,000 Fine , the Weyhrauch case is finally…
Employment Class Action Blog
Sanctions Recommended For Opt-In Plaintiffs In FLSA Collective Action
By Todd Dawson
"Hey, Judge, You Don't Understand......I Just Wanted The Money!" About two dozen people who opted into an FLSA collective action in Nevada federal court may soon be reminded that the…
Divorce: New York
What Exactly is an "Order of Preclusion?"
By Neil Cahn
If a spouse wilfully fails to provide financial information during the discovery phase of a divorce action, one remedy may be an order of preclusion under C.P.L.R. §3126. Thus, an…
Delaware Corporate & Commercial Litigation Blog
Delaware Superior Court Awards Attorneys’ Fees for Discovery Violations and Bad Faith Presentation of Defenses
M&G Polymers USA, LLC v. Carestream Health, Inc., C.A. No. 07C-11-242 PLA (Del. Super. Apr. 21, 2010), read decision here. This 193-page decision of the Delaware Superior Court includes a “Table…
White Collar Crime Prof Blog
Government Response to Discovery Violations
By Ellen Podgor
A DOJ Press Release reports on the appointment of Andrew Goldsmith as the new national coordinator for its criminal discovery initiatives. It states that -"As the national coordinator, Goldsmith will…
White Collar Crime Prof Blog
New DOJ Discovery Policies Fall Short
By Ellen Podgor
In the wake of recent events that demonstrate discovery violations (see here), DOJ has issued three new policies here. It is wonderful to see that DOJ is beefing up its discovery…
Litigation & Trial
They Do The Mess Around: How A Third-Party Can Get Walloped For Contempt in Discovery
EDD Update discusses the D.C. Court of Appeals affirming a contempt order against the Office of Federal Housing Enterprise Oversight (“OFHEO”) in In re: Fannie Mae Securities Litigation, 2009 U.S.…
Delaware Corporate & Commercial Litigation Blog
Supreme Court Upholds Dismissal As Penalty for Failure to Comply with Discovery
In Hoag v. Amex Insurance Company, (Del. Supr., July 21, 2008), read opinion here, the Delaware Supreme Court upheld the trial court's imposition of the penalty of dismissal of a…
Civil Procedure & Federal Courts Blog
Plaintiff Obtains a $5.2 Million Default Judgment Based on Defendant’s Deliberate Destruction of Computer Files
By Civil Procedure & Federal Courts Blog
TheElectronic Discovery Blog has recently brought attention to the case of S. NewEngland Tel. Co. v. Global NAPS, Inc, 2008 U.S.Dist. LEXIS 47986 (D. Conn. Jun. 23, 2008). In this…
Legal Profession Blog
Under The Influence
The South Carolina Supreme Court ordered a one-year definite suspension of an attorney found in contempt in a civil matter for violating an order compelling discovery responses and bouncing a…