Topic
Discovery
1,110 published works
White Collar Crime Prof Blog
The Fastow Notes
By Ellen Podgor
As noted by Tom Kirkendall here, the Fifth Circuit has ordered that the Enron Task Force notes regarding Andrew Fastow need to be turned over to defense counsel. This order…
Chicago IP Litigation
Privilege Claims Must be Supported by Specific Facts
Nutrinova Nutrition Specialties & Food Ingredients GmbH v. Viachem, No. 07 C 4232, Min. Order (N.D. Ill. Nov. 21, 2007) (St. Eve, J.). Judge St. Eve granted in part plaintiff's…
Labor Law Prof Blog
EEOC Hails Judge’s Decision Limiting Discovery on Plaintiffs’ Medical and Psychological Records
Thanks to John Sargent for directing me to this interesting discovery dispute decision in a class race discrimination action brought by the EEOC (via Kansas City InfoZine):Area Erectors had sought…
Legal Profession Blog
Important Discovery Decision From New York
The New York Court of Appeals held today that "an attorney may interview an adverse party's treating physician privately when the adverse party has affirmatively placed his or her medical…
EvidenceProf Blog
The Oh in Ohio: Supreme Court of Ohio to Review Order Requiring Prosecutor to Turn Over Police Report
By Colin Miller
Ohio appears to be a state plagued with odd evidentiary rules. Earlier, I wrote about how Ohio, unlike the vast majority of states, has no express provision for the admissibility…
M & A Law Prof Blog
SLM Transcript Hearing
Access it here. As usual it is a great read, though rather long. I start with a quote from Strine: I mean, we haven't gotten Mother Teresa and Gandhi and…
Labor Law Prof Blog
Court Strikes Arbitration Clause Limiting Discovery
Plaintiff sued for age discrimination on behalf of decedent-employee's estate; employer moved to compel arbitration. A provision in the arbitration agreement provided:[Y]ou and Capitol shall each have the right and…
M & A Law Prof Blog
Genesco: The Big Dump
The AP is reporting that Genesco Inc. has turned over more than 1.5 million pages of internal documents to The Finish Line Inc. in connection with Genesco's lawsuit to compel…
Chicago IP Litigation
Discovery Request Due Dates Must Fall Within the Discovery Period
Autotech Techs. Ltd. Ptnshp. V. Automation Direct.com Inc., No. 05 C 5488, 2007 WL 2746654 (N.D.Ill. Sep. 18, 2007) (Cole, Mag. J.).* Judge Cole denied plaintiffs' (collectively "Autotech") motion to…
Delaware Corporate & Commercial Litigation Blog
Chancery Compels Discovery from Non-testifying Consulting Expert
In the case of In Re Chaparrel Resources Inc. Shareholders Litigation, 2007 WL 2998967 (Del. Ch., Oct. 11, 2007), read opinion here, the Chancery Court provides instruction on the perils of…