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Discovery

1,110 published works

  1. Chicago IP Litigation

    Parties Must File Motions Promptly

    By R. David Donoghue

    Judge Hart granted in part defendants motion to enforce the Court's order and denied plaintiff's motion to compel discovery. The Court previously ruled upon the parties' cross-motions for summary judgment,…

  2. TortsProf Blog

    Expanding Information About Experts

    By Christopher Robinette

    Interesting new piece (out now in the Nebraska Law Review) available on SSRN.  In it, Stephen Easton (Missouri-Columbia) argues for broader information to be shared with juries about experts --…

  3. Chicago IP Litigation

    Delayed Filing Leads to Half-Baked Motion to Compel

    By R. David Donoghue

    Fast Food Gourmet, Inc. v. Little Lady Foods, Inc., No. 05 C 6022, 2007 WL 1673563 (N.D. Ill. Jun. 8, 2007) (Cole, J.). Judge Cole denied plaintiff Fast Food Gourmet,…

  4. British Columbia Insurance Blog

    Insurance policies, and insurance limits, must be disclosed in the discovery process in British Columbia.

    By Michael Thomas

    Effective July 1, 2007.   British Columbia has amended the Rules of Court to require parties to disclose the existence and contents  of any insurance policy which provides indemnity for a…

  5. New York Attorney Malpractice Blog

    $ 1.25 Million Sanction in World Trade Center Case

    By Andrew Lavoott Bluestone

    Mark Hamblett of the NYLJ reports: "Failure to disclose a key document on insurance coverage for the Port Authority at the World Trade Center in the aftermath of the Sept. 11…

  6. InsureReinsure

    Florida Appellate Court Holds That Injured Party Suing Tortfeasor’s Insurer for Bad Faith is Not Entitled to Privileged Communications Between Insured, Insurer, and their Joint or Separate Counsel

    By Troutman Pepper Locke

    A Florida appellate court recently swam against a tide of decisions that have eroded the attorney-client privilege in bad faith litigation. 

  7. Real Lawyers Have Blogs

    MySpace, Facebook private posts discoverable in law suit?

    By Kevin O'Keefe

    A defense lawyer in a emotional distress claim brougt against a school district wanted access to all of the plaintiff's postings at MySpace and FaceBook. However, a judge ruled that…

  8. New York Attorney Malpractice Blog

    CPLR 205 in Theory and Practice

    By Andrew Lavoott Bluestone

    Dismissal under CPLR 3216, for a failure to provide discovery, or to follow a court order of discovery has been generally thought to preclude the use of CPLR 205.  CPLR…

  9. Chicago IP Litigation

    Third Parties’ Communications With Other Third Parties Are Not Relevant

    By R. David Donoghue

    Trading Techs. Int'l., Inc. v. eSpeed, Inc., No. 04 C 5312, Slip Op. (N.D. Ill. May 17, 2007) (Moran, Sen. J.). Judge Moran denied plaintiff Trading Technologies' ("TT") motion to…

  10. Chicago IP Litigation

    Assignment Agreement Obligates Assignee to Require Former Inventor to be Deposed

    By R. David Donoghue

    Murata Mfg., Ltd. v. Bel Fuse, Inc., __ F.R.D. __, 2007 WL 1317100 (N.D. Ill. May 2, 2007) (Cole, Mag. J.). Judge Cole granted in part defendants' motion to compel…